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
- Plastic knuckles and metal knuckles
- Chuka sticks
- Sand bags
- 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:
- Dangerous knives
- 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) 280-9035.