In Erie County, gun possession charges under New York Penal Law (PEN) carry penalties from misdemeanors to Class A-I felonies with up to 25 years to life. A Gun Possession Lawyer Erie County from Law Offices Of SRIS, P.C. provides strategic defense. Firm-wide, SRIS has 4,739+ documented case results with over 93% favorable outcomes.
Last verified: April 2026 | Erie County Criminal Court | New York Penal Law (PEN) (official NY Senate)
New York Penal Law (PEN) governs gun possession offenses. Under Article 265, criminal possession of a weapon includes firearms, rifles, shotguns, and certain other weapons. The law distinguishes between possession on premises (Class E felony) and possession outside the home (Class C or B felony). New York’s SAFE Act (2013) and subsequent amendments impose strict licensing requirements. A Gun Possession Lawyer Erie County understands these statutory nuances. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, brings former prosecutor experience to every case.
Review the official statutes: New York Penal Law § 265.01 (Criminal Possession of a Weapon in the Fourth Degree) (official NY Senate) and Erie County Supreme Court (official NY Courts).
Erie County Criminal Court handles misdemeanor gun possession cases. Erie County Supreme Court Criminal Term handles felony gun possession cases. New York’s 2020 bail reform eliminated cash bail for most non-violent felonies, but gun possession charges often remain bail-eligible. Adjournment in Contemplation of Dismissal (ACD) is rarely available for gun charges.
- Arraignment within 24 hours of arrest at Erie County Criminal Court.
- Discovery phase: review police reports, search warrants, and evidence.
- Motion practice: challenge illegal search and seizure under NY CPL § 710.
- Plea negotiations: explore reduction to violation-level offense.
- Trial or disposition: bench trial or jury trial in Erie County Supreme Court.
- Sentencing: if convicted, mandatory surcharges and potential incarceration.
In Erie County, gun possession carries penalties ranging from a Class A misdemeanor (up to 1 year jail) to a Class A-I felony (15 years to life).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Criminal Possession of a Weapon 4th | Class A Misdemeanor | Up to 1 year | Up to $1,000 | License revocation | Mandatory surcharge |
| Criminal Possession of a Weapon 3rd | Class D Felony | 2-7 years | Up to $5,000 | License revocation | Mandatory surcharge |
| Criminal Possession of a Weapon 2nd | Class C Felony | 3.5-15 years | Up to $15,000 | License revocation | Mandatory surcharge |
| Criminal Possession of a Weapon 1st | Class B Felony | 5-25 years | Up to $30,000 | License revocation | Mandatory surcharge |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with over 93% favorable outcomes. Mr. Sris personally amended Virginia Code § 20-107.3 (equitable distribution statute). The firm’s tagline is “Advocacy Without Borders.” A Gun Possession Lawyer Erie County from SRIS brings this depth of experience to your case.
SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes across VA, MD, NJ, NY, and DC. A Gun Possession Lawyer Erie County can discuss how these results relate to your situation.
Results may vary. Prior results do not guarantee a similar outcome.
Our New York location is accessible via I-90 (NYS Thruway), I-81, and I-390, serving clients at Erie County courts. Looking for a gun possession lawyer near me Erie County? We serve Buffalo, Cheektowaga, Amherst, Tonawanda, Hamburg, Orchard Park, Clarence, Lancaster, West Seneca, Lackawanna, East Aurora, Kenmore, Williamsville, and Depew. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Does New York have cash bail for gun possession charges?
No. NY reformed bail in 2020, eliminating cash bail for most misdemeanors and non-violent felonies. However, gun possession charges often remain bail-eligible. Most defendants in Erie County are released on recognizance with conditions. Cases heard at Erie County Criminal Court.
What is an ACD in Erie County, New York?
Yes. Adjournment in Contemplation of Dismissal (ACD) is a NY disposition where charges are adjourned for 6-12 months and automatically dismissed if you have no new arrests. Available for many first offenses at Erie County Criminal Court. ACD records can be sealed.
Can I get my criminal record sealed in Erie County, New York?
It depends. NY offers conditional sealing under CPL § 160.59 for qualifying convictions (up to 2) after 10 years. ACD results in automatic sealing. Marijuana offenses have expanded eligibility. Cases in Erie County sealed through the court.
What is the penalty for a misdemeanor in Erie County, New York?
Class A misdemeanor in Erie County: up to 1 year jail. Class B: up to 3 months. Violations: up to 15 days. Cases heard at Erie County Criminal Court. NY’s 2020 bail reform means most misdemeanor defendants are released without bail.
What are the penalties for gun possession in Erie County?
It depends. Criminal Possession of a Weapon 4th (Class A misdemeanor) carries up to 1 year jail. Criminal Possession of a Weapon 2nd (Class C felony) carries 3.5-15 years. Criminal Possession of a Weapon 1st (Class B felony) carries 5-25 years.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.