We’ve successfully defended clients facing felony and misdemeanor firearm charges across the Hudson Valley, from possession to trafficking allegations.
Gun or Firearms Charges
Charged with a Gun or Firearms Offense in New York? The Stakes Are High—We’re Ready to Defend You.
Serving Dutchess, Ulster, Orange, Putnam, Columbia & the Hudson Valley
Understanding Gun & Firearms Charges in New York
A charge under New York Penal Law Article 265 is among the most aggressively prosecuted offenses in the state. Even first-time offenders can face mandatory prison time, felony convictions, and the lifelong consequences that come with a firearms-related record.
While not every case is a felony, many are—and the penalties are severe. Possessing a loaded, unlicensed, or defaced firearm, or even transporting a legally owned gun from another state into New York, can quickly escalate into a life-changing charge. Without the right defense, the risks are overwhelming.
At McCabe, Coleman, Ventosa & Patterson, we’ve defended countless clients across Dutchess, Ulster, Orange, Columbia, Greene, and Putnam counties facing gun charges under Article 265. Our team of former public defenders knows how to challenge illegal searches, fight suppression battles, and build strong trial defenses—always working toward the best possible outcome for your future.
Penalties for Gun Charges in New York
Gun offenses under NY Penal Law Article 265 carry some of the toughest penalties in the state. The exact consequences depend on the type of weapon, how it was possessed, and whether there are prior convictions. Even first-time offenders can face mandatory prison time.
| Charge | Level | Maximum Penalty | Minimum Penalty |
|---|---|---|---|
| Criminal Possession of a Weapon 2nd Degree (PL §265.03) | Class C Violent Felony | Up to 15 years in prison | 3.5 years mandatory minimum |
| Criminal Possession of a Weapon 3rd Degree (PL §265.02) | Class D Felony | Up to 7 years in prison | Probation or local jail possible |
| Criminal Possession of a Firearm (PL §265.01-b) | Class E Felony | Up to 4 years in prison | Probation or local jail possible |
Additional Potential Consequences
A conviction for a firearm-related offense may also result in:
- Permanent loss of gun ownership rights
- Loss of voting rights during incarceration or parole
- Immigration and citizenship consequences
- Barriers to employment and professional licensing
- Risk of federal investigation and overlapping charges
Even when probation or local jail is possible, New York prosecutors and courts often push for prison sentences in firearms cases. That’s why having experienced defense counsel is critical from the start.
Common Questions About Gun Charges in New York
Prison is a real possibility for many firearm charges in New York, especially if the weapon was loaded, unlicensed, or connected to another alleged crime. For some charges—like Criminal Possession of a Weapon in the Second Degree—a prison sentence of at least 3.5 years is mandatory, even for first-time offenders. However, with the right defense, some cases can result in reduced charges, probation, or even dismissal.
Yes. A felony conviction for a firearm offense almost always means permanent loss of the right to own or possess firearms. Even certain misdemeanor convictions can impact future eligibility for pistol permits or licenses.
Yes. Gun charges are criminal matters and appear in public court records. In addition, a conviction can show up on background checks for employment, housing, licensing, or immigration purposes.
Firearm cases in New York can take several months to over a year, depending on the complexity of the charges, pretrial motions, and whether the case goes to trial. A strong defense strategy from the beginning can often shorten the process or improve negotiation outcomes.
The most important step is to contact an experienced criminal defense attorney immediately. Do not discuss the case with police or investigators without legal counsel. Preserve all documents related to your arrest, and provide your lawyer with details about the firearm (ownership, permits, or out-of-state legality). Acting quickly gives your defense team the best chance to challenge evidence and protect your rights.
Why Choose Us for Your Gun Charge Defense?
Let's Put This Behind You
A gun charge in New York can feel overwhelming—but it doesn’t have to define your future. At McCabe, Coleman, Ventosa & Patterson, we know what’s at stake, and we know how to fight for you.