NYC
Weapons Possession
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New York Weapons Possession Attorney
Defense Solutions from the Law Offices of Robert Tsigler, PLLC
In the state of New York, criminal possession of a weapon is covered by Article 265 of the New York State Penal Code. This is an offense which is viewed as being especially serious, evident by the presence of specific mandatory minimum sentencing guidelines.
Criminal possession of a weapon is considered a very serious and violent offense. If you have been charged with this crime, it is essential that you get the help of a New York criminal defense attorney as soon as possible.
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Under Article 265, a firearm is defined as follows:
- A rifle
- A pistol
- A revolver
- A shotgun
- An assault rifle
Possible Penalties
In the state of New York, criminal possession of a switchblade, gravity knife, or other sharp implement which could cause serious harm is punishable by up to a year in jail and is defined as “Criminal Possession of a Weapon in the Fourth Degree.”
While this crime is “merely” a misdemeanor, if found guilty of carrying a loaded gun without proper permits, you could be charged with “Criminal Possession of a Weapon in the Second Degree.” To illustrate how serious this crime is considered in New York, it carries a minimum sentence of 3.5 years of incarceration, even if this is your first time ever being arrested.
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If you are facing a weapons possession charge, it is essential that you reach our aggressive New York criminal defense attorney who is well-versed in pursuing a personalized defense solution for these crimes. The Law Offices of Robert Tsigler, PLLC is experienced from handling thousands of similar crimes and is ready to assist 24 hours a day, 7 days a week.
No matter what crime you get charged with, it is in your best interest to hire yourself a good lawyer. A good lawyer will have a thorough understanding of the law and make sure you get a fair trial. In the drop down section below, we cover what weapons are illegal in New York City, what charges come with possessing illegal weapons and what form of proof is required to convict someone of illegal weapon possession.
Successful 2026 Weapons Possession Case Results & Outcomes
NYC Weapon Possession Case Results
Airport Weapon Possession (Immigration Status Protection)
Court: Queens County Criminal Court
The Situation: The client, a Lawful Permanent Resident, was charged with Criminal Possession of a Weapon in the Fourth Degree after an extendable baton was discovered in his backpack at a JFK Airport security checkpoint. Beyond criminal penalties and a permanent record, a conviction posed a severe threat to his green card status and risked the suspension of his TLC license, which was critical to his livelihood.
The Defense: Our firm immediately assessed the immigration implications of the misdemeanor charge. We built a strong mitigation case, emphasizing the client’s clean criminal history, his age, and underlying medical conditions. Defense counsel successfully contextualized the possession—explaining the item was purchased solely for personal safety while traveling abroad—and highlighted the non-violent nature of the incident to the prosecution.
Timeline: Resolved in approximately 3 months
The Victory: We negotiated an **Adjournment in Contemplation of Dismissal (ACOD)** at arraignment. This resolution successfully avoided a criminal conviction, fully protected the client’s permanent resident status, and eliminated the risk of long-term immigration consequences.
Call today to schedule a consultation to discuss the options for defending your weapons possession charge. Reach our team at 718-878-3781.
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In New York City, there are many weapons that are illegal. To start, possessing a gun without proper documentation is illegal. There are also many weapons that are neither inherently illegal or that require certain documentation to own, but can still be illegal. These weapons include knives, armor-piercing ammunition, razors and fake guns. The legality of these items depends on how they get used and what your intent was with the given item.
Fourth-degree weapon possession is the lowest charge you can get for weapon possession. Forth-degree weapon possession is when someone possesses a dangerous weapon and is not a citizen, possesses armor-piercing ammunition, possesses certain non-firearm weapons or possesses a weapon with a prior felony conviction. Fourth-degree weapon possession is an A misdemeanor and is punishable by up to a year in jail.
Third-degree weapon possession is when someone possesses a machine gun, bomb, large capacity ammunition feeding device, an assault weapon or an explosive. Third-degree weapon possession is a class D violent felony and is punishable by up to 7 years in prison.
Second-degree weapon possession is when someone possesses a loaded firearm outside of their home or business, five or more firearms, a machine gun or a disguised gun and has intentions of using the weapon against someone unlawfully. Second-degree weapon possession is a class C violent felony and is punishable by up to 15 years in prison.
First-degree weapon possession is the highest charge you can receive for weapon possession and comes with the most severe punishments. First-degree weapon possession is when someone intends to use any explosive substance to harm people or possesses 10 or more firearms. First-degree weapon possession is a class B violent felony and is punishable by up to 15 years in prison.
In order for someone to be charged with illegal weapon possession, there has to be proof that they possessed an illegal weapon. The first form of proof that someone possessed an illegal weapon is a police report. A second form of proof that someone possessed an illegal weapon is video evidence of that person with the weapon. Another form of proof that someone possessed an illegal weapon is forensic evidence. A fourth form of proof that someone possessed an illegal weapon is testimony from law enforcement. Possession of an illegal weapon can even be proven with eyewitness statements.
Throughout this article, I have gone over what is considered an illegal weapon in New York City. I have also gone over what fourth-degree weapon possession, third-degree weapon possession, second-degree weapon possession and first-degree weapon possession is and told you what proof is required to convict someone of illegal weapon possession. With all of this being said, I would like to thank you for reading this article and I hope it has been informative. If you are ever in need of a lawyer, then feel free to contact us a Tsigler Law. At Tsigler law, we promise to help our clients get a fair trial and will help them to the best of our ability.
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