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Felony Possession of a Weapon

The Second Amendment to the Constitution grants United States citizens the right to keep and bear arms. However, that right is not unconditional. Under New York law, certain weapons are illegal to possess. 

Weapon possession in New York is a major issue. Our state has enacted many laws to prevent the illegal possession of weapons. If you or a family member have been arrested for felony possession of a weapon, you risk serious legal penalties. You should contact a dedicated criminal defense attorney immediately.

Defense Attorney for Felony Possession of a Weapon on Long Island, NY

The Law Office of Stephanie Selloni has represented many clients just like you. Defending against felony weapons charges is a daunting task. Attorney Stephanie Selloni will put her experience with the New York legal system to work for you. To ensure the best possible outcome for your defense, contact the Law Office of Stephanie Selloni for a free consultation.

Call 516-972-1212 or complete the online form today. During your consultation, Stephanie will review your case and recommend the best course of action. Stephanie will attack any weaknesses in the prosecution’s case to reduce or dismiss your charges, if possible. The Law Office of Stephanie Selloni represents Long Island clients in Hempstead, Glen Cove, Westbury, and other communities across Nassau and Suffolk County.


Overview of Felony Possession of a Weapon on Long Island, NY


Outlawed Weapons and Penalties for Possession on Long Island

New York Penal Law 265.02 defines criminal possession of a weapon in the third degree. Some of the weapons prohibited by this law include: 

  • Explosives;
  • Guns and firearms with serial numbers filed off;
  • Disguised guns; and
  • Unregistered assault weapons 

Violating this law is a class D felony. A conviction carries a 2- to 7-year prison sentence.

According to New York Penal Law 265.03, criminal possession of a weapon in the second degree is a class C felony. This law is violated when a person possesses a machine gun, loaded firearm, or disguised gun with the intent of using it against another person. If convicted, you could spend up to 15 years in prison. 

Under New York Penal Law 265.04, criminal possession of a weapon in the first degree, it is a class B felony to possess explosives with the intent to use them illegally against another person or their property. It is also illegal to possess ten or more firearms. If found guilty, you could be sentenced to 3.5 to 15 years in prison.


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Felony Gun Possession Laws in Nassau County

Despite New York’s restrictive laws, guns are still among the most popular weapons in the state. Long guns, such as rifles and shotguns, are legal to purchase by any non-felon citizen who is at least 21 years of age. 

Owning a handgun without a permit in New York is illegal. It is also against the law to possess an unregistered assault weapon. Criminal possession of a firearm, as defined by New York Penal Law 265.01-B, is a class E felony. A class E felony conviction could result in up to 4 years in prison.


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Aggravated Criminal Possession of a Weapon in New York

If you commit another serious crime while possessing a weapon, you may face an “upgraded” charge of aggravated criminal possession of a weapon. This law is defined by New York Penal Law 265.19. A person violates this law when they commit a violent felony offense or engage in felony drug trafficking while criminally possessing a weapon in the second degree.

Aggravated criminal possession of a weapon is a class C felony. A conviction for this crime could mean a prison sentence between 5 and 15 years with a maximum fine of $15,000. A qualified criminal defense attorney can reduce or dismiss your charges, if possible. 


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Additional Resources

New York Knife Laws | AKTI – The American Knife and Tool Institute is a non-profit organization that advocates for the responsible ownership and usage of knives. Visit this page to read a summary of New York’s weapons possession laws that apply to knives. Here you can read about age restrictions for knife ownership and New York City’s ordinance limiting knife possession.

Firearms and Other Dangerous Weapons | NY Penal Article 265 – The New York Senate’s official website contains a full digital text of the laws governing firearms and other weapons. Visit this link to read about the laws and penalties relating to the possession, use, and sale of weapons in New York state. You will also find laws defining the safe storage of certain weapons and prohibited ammunition feeding devices.


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Defense Lawyer for Felony Possession of a Weapon on Long Island, NY

New York’s weapons laws are complex. There are many statutes concerning weapons and a large number of exemptions. Successfully defending against a charge of felony possession of a weapon is difficult without a dedicated criminal defense attorney. The Law Office of Stephanie Selloni offers a free initial consultation to discuss your case. 

Call 516-972-1212 or fill out the online form. Attorney Stephanie Selloni will review the details of your arrest and the charges against you. It may even be possible to reduce or dismiss your charges. She will fight to achieve the best possible outcome for you. Contact the Law Office of Stephanie Selloni today.

Stephanie Selloni represents Long Island clients in Garden City, Mineola, Floral Park, and other communities in Nassau and Suffolk County.


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