Firearms Possession Lawyer in Erie County, NY — What Are Your Defense Options?
A firearms possession charge in Erie County, NY, is a serious criminal offense under New York Penal Law, with penalties ranging from a misdemeanor to a Class B violent felony. As a firearms possession lawyer Erie NY, Law Offices Of SRIS, P.C. provides a strong defense for charges like criminal possession of a weapon.
New York Firearms Possession Laws and Penalties
New York has some of the strictest gun laws in the nation. Firearms possession charges are primarily governed by Article 265 of the New York Penal Law (PEN). The severity of the charge depends on factors like the type of weapon, whether it is loaded, your criminal record, and the location of the alleged possession (e.g., school grounds).
Last verified: April 2026 | Erie County Supreme Court | New York State Legislature
For example, Criminal Possession of a Weapon in the Third Degree (PEN § 265.02) is a Class D felony. A conviction can result in a mandatory minimum prison sentence. As a former prosecutor, Mr. Sris, the managing attorney, understands how these charges are built and how to challenge them.
Official Legal Resources
For the official text of New York’s weapon possession statutes, refer to the New York Penal Law Article 265 on the state legislature’s website. For Erie County court procedures and information, visit the Erie County Supreme Court website.
Local Court Process for Firearms Charges in Erie County
Erie County Criminal Court handles misdemeanor weapons charges, while felony charges are prosecuted in Erie County Supreme Court, Criminal Term. New York’s bail reform laws mean most non-violent felony arrests, including some weapons charges, may result in release on recognizance or with conditions rather than cash bail. The prosecution must prove you knowingly possessed the firearm, which is a key point for defense.
- Arraignment: You will be formally charged and enter a plea. For felonies, this happens after a grand jury indictment.
- Discovery & Pre-Trial Motions: Your attorney will obtain all evidence and may file motions to suppress evidence obtained illegally.
- Plea Negotiations: Most cases are resolved through negotiation. An attorney can argue for a reduced charge or alternative sentencing.
- Trial: If no plea agreement is reached, your case will proceed to a jury trial where the prosecution must prove guilt beyond a reasonable doubt.
- Sentencing: If convicted, the judge will impose a sentence based on the charge severity and your background.
- Appeal: You have the right to appeal a conviction based on legal errors during your trial.
Potential Penalties for Firearms Possession in New York
In Erie County, firearms possession can range from a Class A misdemeanor with up to 1 year in jail to a Class B violent felony with a mandatory minimum prison sentence of 3.5 to 15 years.
| Offense (NY PEN) | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Criminal Possession of a Weapon 4th Degree (§ 265.01) | Class A Misdemeanor | Up to 1 year | Up to $1,000 | Firearms license revoked | Criminal record, loss of voting rights |
| Criminal Possession of a Weapon 3rd Degree (§ 265.02) | Class D Felony | Mandatory min. 2-7 years | Up to $5,000 | Permanent firearm prohibition | Violent felony record, difficulty finding employment/housing |
| Criminal Possession of a Weapon 2nd Degree (§ 265.03) | Class C Violent Felony | Mandatory min. 3.5-15 years | Up to $15,000 | Permanent firearm prohibition | Lengthy prison term, severe lifelong collateral consequences |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Firearms Possession Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience, our firm adopts a collaborative approach to criminal defense. We understand that a firearms charge can upend your life, affecting your freedom, career, and family. Our firearms possession law firm Erie NY is built on a foundation of rigorous case preparation and strategic advocacy.
Case Results and Client Advocacy
While we maintain a firm-wide record of 4,739+ documented case results with a favorable outcome rate of over 93%, our focus in Erie County is on building a strong, case-specific defense for each client charged with firearms possession. We challenge illegal searches, question witness credibility, and negotiate with prosecutors to seek the best possible resolution, which may include reduced charges or alternative programs.
Results may vary. Prior results do not aim for a similar outcome.
Firearms Possession Lawyer Near Erie County, NY
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Our New York location serves clients in Erie County and is accessible via major highways including I-90 (NYS Thruway) and I-190. As a firearms possession lawyer near Erie County, we represent individuals from Buffalo, Cheektowaga, Amherst, Tonawanda, Hamburg, Orchard Park, Clarence, Lancaster, West Seneca, Lackawanna, East Aurora, Kenmore, Williamsville, and Depew. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Firearms Possession Defense FAQs
What is the most common firearms charge in New York?
It depends. Criminal Possession of a Weapon in the Fourth Degree (NY PEN § 265.01) is a frequent charge, often involving the possession of a firearm in a home or business without a proper license. The specific charge depends entirely on the circumstances of the alleged possession.
Can I get a firearms charge reduced in Erie County?
Yes. With an experienced firearms possession attorney Erie NY, it is possible to negotiate a reduction, especially for first-time offenders or when there are weaknesses in the prosecution’s case. Outcomes may include a plea to a non-criminal violation or a lesser misdemeanor.
What is the “safe storage” law in New York?
New York’s SAFE Act and subsequent laws require firearms not in your immediate possession to be stored securely in a locked container or with a locking device. Failure to store safely, especially if a minor accesses the weapon, can lead to criminal charges under NY PEN § 265.45.
Does New York recognize concealed carry permits from other states?
No. New York does not recognize concealed carry permits or licenses issued by any other state. Carrying a concealed firearm in New York without a valid New York permit is a felony, typically Criminal Possession of a Weapon in the Second Degree.
What should I do if I am arrested for a gun charge?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements to the police. Contact a firearms possession lawyer Erie NY as soon as possible to begin building your defense. The choices you make immediately after arrest can significantly impact your case.
For more information on related legal matters in Erie County, visit our pages on criminal defense and DUI defense. To learn about our full range of services, see our New York criminal defense hub.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.