Brooklyn Weapon Lawyer

Robert Reuland is a New York City Weapons Attorney

Weapons possession is a serious offense

From the Mayor’s Office to the cops on the streets, everyone in law enforcement takes weapons possession very seriously today. Worse for criminal defendants, proving a charge of felony possession of a weapon is incredibly easy for prosecutors. Worse still, courts are permitted to hand out very high sentences to defendants convicted of weapons offenses, even when no one is injured.

Most frequently, the charge of Criminal Possession of a Weapon will be brought for possessing a gun, but the Penal Law of New York has a long list of “weapons” that can result in criminal liability. Prohibited items include certain knives, clubs, and martial arts weapons.

What is criminal possession of a weapon?

The police and DA may charge you with criminal weapons possession if:

• If possess a gun in your home or elsewhere without a proper permit
• You threaten or frighten someone with a gun, regardless of weather it is loaded
• You commit a crime while in possession of a gun

You may be charged with possessing a gun even if you are not holding it. If you are stopped by the police in your car or on the street, the DA may bring charges if an illegal gun is found in your truck, for instance, or concealed in your waistband.

Robert Reuland has prosecuted and defended many weapons possession cases, so he knows the law in this area and can help you. Often these matters are won or lost early in the case, when we can make motions or arguments to the court that any weapon found on our client be ruled inadmissible at trial.

Call Robert Reuland today

We are pleased to confer with you at no cost to discuss your weapons possession case. Call Robert Reuland any time at 718-300-0626, or e-mail his office today. We will be happy to take the time to set your mind at ease. Regardless of whom you hire, protect your rights! Contact a skilled and experienced criminal defense attorney today.

The written law

Some of the Penal Law statutes applicable to typical weapons charges are set out below:

Section 265.01 Criminal possession of a weapon in the fourth degree

A person is guilty of criminal possession of a weapon in the fourth degree when:

(1) He possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”; or

(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or

(3) He knowingly has in his possession a rifle, shotgun or firearm in or upon a building or grounds, used for educational purposes, of any school, college or university, except the forestry lands, wherever located, owned and maintained by the State University of New York college of environmental science and forestry, without the written authorization of such educational institution; or

(4) He possesses a rifle or shotgun and has been convicted of a felony or serious offense; or

(5) He possesses any dangerous or deadly weapon and is not a citizen of the United States; or

(6) He is a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of section 265.00, and refuses to yield possession of such rifle or shotgun upon the demand of a police officer. Whenever a person is certified not suitable to possess a rifle or shotgun, a member of the police department to which such certification is made, or of the state police, shall forthwith seize any rifle or shotgun possessed by such person. A rifle or shotgun seized as herein provided shall not be destroyed, but shall be delivered to the headquarters of such police department, or state police, and there retained until the aforesaid certificate has been rescinded by the director or physician in charge, or other disposition of such rifle or shotgun has been ordered or authorized by a court of competent jurisdiction.

(7) He knowingly possesses a bullet containing an explosive substance designed to detonate upon impact.

(8) He possesses any armor piercing ammunition with intent to use the same unlawfully against another.

Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

Section 265.02 Criminal possession of a weapon in the third degree

A person is guilty of criminal possession of a weapon in the third degree when: 

(1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or

 (2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or

 (3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or (4) Such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven, constitute a violation of this section if such possession takes place in such person’s home or place of business; or 

(5) (i) Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person’s home or place of business; or

 (6) Such person knowingly possesses any disguised gun; or 

(7) Such person possesses an assault weapon; or 

(8) Such person possesses a large capacity ammunition feeding device.

Criminal possession of a weapon in the third degree is a class D felony.

Section 265.03 Criminal possession of a weapon in the second degree

A person is guilty of criminal possession of a weapon in the second degree when:

 (1) with intent to use the same unlawfully against another, such person: 

(a) possesses a machine-gun; or 

(b) possesses a loaded firearm; or 

(c) possesses a disguised gun; or 

(2) such person possesses five or more firearms.

Criminal possession of a weapon in the second degree is a class C felony.

Section 265.04 Criminal possession of a dangerous weapon in the first degree

A person is guilty of criminal possession of a weapon in the first degree when such person:

 (1) possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or

 (2) possesses ten or more firearms.

Criminal possession of a weapon in the first degree is a class B felony.