Illegal Possession of Weapons

Penal Law Section 265

New York State has become one of the most rigid places to be in illegal possession of a gun/firearm. Even if you have never been arrested before and have no prior criminal history, if you are found to be in unlawful possession of a loaded firearm anywhere outside your home or place of business you face a class C violent felony offense and face a minimum of 3 1/2 years in prison to a maximum sentence of 15 years. Even if you have a license in another jurisdiction, you still face very stiff penalties for possession.

And, while guns/firearms are the most serious weapon to possess in New York, they are not the only weapon.

Weapons Considered Illegal to Possess in New York

• Electronic dart guns and electronic stun guns
• Gravity knives, switchblade knives, pilum ballistic knives and metal knuckle knives
• Cane swords
• Billies
• Blackjacks
• Bludgeons
• Plastic knuckles and metal knuckles
• Chuka sticks
• Sand bags
• Sandclubs
• Wrist-brace type slingshots
• Bullets containing an explosive substance designed to detonate upon impact

Weapons Considered Illegal to Possess in New York with the intent to use them unlawfully against another person:

• Daggers
• Dangerous knives
• Dirks
• Razors
• Stilettos
• Imitation pistols
• Armor piercing ammunition
• Any other dangerous or deadly instrument or weapon

Increased Penalties if a Prior Criminal Conviction Exists:

If a defendant has already been convicted of any crime (even a DWI) and they are found in possession of a misdemeanor level weapon, that charge is then elevated to a Class D felony.

At Mazzei & Polk, LLC we have the experience you need to challenge the District Attorney and to fight for your rights. Call us today for a consultation: (516) 461-3148.

Click here for information regarding potential sentences.