Facing a gun possession charge in Westchester County? New York Penal Law classifies criminal possession of a weapon in the second degree as a Class C violent felony, carrying up to 15 years in prison. A Gun Possession Lawyer Westchester County from Law Offices Of SRIS, P.C. can help protect your rights. Contact us today.
New York Gun Possession Laws and Penalties
Last verified: April 2026 | Westchester County Criminal Court | New York State Legislature
New York Penal Law Article 265 governs criminal possession of a weapon. Under NY Penal Law § 265.03, criminal possession of a weapon in the second degree is a Class C violent felony. This charge applies when you possess a loaded firearm outside your home or business without a license. A Gun Possession Lawyer Westchester County understands these serious charges and can explain your rights under the law.
External Legal Resources
Review the official statutes: New York Penal Law § 265.03 (official New York State Senate). For court procedures, visit the Westchester County Supreme Court website.
Insider Procedural Edge for Westchester County Gun Cases
- Contact a Gun Possession Lawyer Westchester County immediately after arrest.
- Do not speak to law enforcement without your attorney present.
- Preserve any evidence of lawful possession, such as a valid license.
- Attend all court appearances at Westchester County Criminal Court.
- Work with your lawyer to explore ACD or dismissal options.
- File any necessary motions to suppress evidence before trial.
Penalties for Gun Possession in Westchester County
In Westchester County, criminal possession of a weapon in the second degree carries a maximum of 15 years in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Criminal Possession of a Weapon 2nd Degree | Class C Violent Felony | Up to 15 years | Up to $5,000 | Firearm license revoked | Loss of voting rights, employment barriers |
| Criminal Possession of a Weapon 3rd Degree | Class D Violent Felony | Up to 7 years | Up to $5,000 | Firearm license revoked | Probation, community service |
| Criminal Possession of a Weapon 4th Degree | Class A Misdemeanor | Up to 1 year | Up to $1,000 | Firearm license suspended | Probation, anger management classes |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Gun Possession Case
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 with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Our team includes former prosecutors who understand how the state builds its case against you.
Case Results and Track Record
SRIS actively practices in Westchester County. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. A Gun Possession Lawyer Westchester County from our firm can review your case and discuss potential strategies.
Results may vary. Prior results do not guarantee a similar outcome.
Our Westchester County Location and Service Area
Our New York location serves clients at Westchester County courts. The location is accessible via I-87 (NYS Thruway), I-84, I-287, Taconic State Pkwy, and Route 9.
Looking for a gun possession lawyer near me Westchester County? We serve White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, Bronxville, Rye, Ossining, Peekskill, Tarrytown, Mamaroneck, Port Chester, Dobbs Ferry, Larchmont, and Hastings-on-Hudson.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Frequently Asked Questions About Gun Possession in Westchester County
Can I get an ACD for a gun possession charge in Westchester County?
No. ACD (Adjournment in Contemplation of Dismissal) is generally not available for felony gun possession charges in Westchester County. ACD is typically reserved for first-time misdemeanor offenses. A Gun Possession Lawyer Westchester County can advise on alternative resolutions.
Does New York have cash bail for gun possession charges?
Yes. While New York reformed bail in 2020, gun possession charges involving loaded firearms or prior convictions are bail-eligible. The court may set bail or remand you without bail for qualifying violent felony offenses. An affordable gun possession lawyer Westchester County can argue for release conditions.
What is the penalty for a Class C violent felony in Westchester County?
A Class C violent felony in Westchester County carries a maximum of 15 years in state prison. This applies to criminal possession of a weapon in the second degree. Sentences may include probation for first-time offenders with mitigating factors.
Can I get my gun possession record sealed in Westchester County?
It depends. New York offers conditional sealing under CPL § 160.59 for qualifying convictions after 10 years. However, violent felony convictions are generally not eligible for sealing. A Gun Possession Lawyer Westchester County can evaluate your eligibility.
What should I do if stopped with a firearm in Westchester County?
Remain calm and do not resist. Inform the officer you have a valid license if applicable. Do not answer questions about the firearm without your attorney present. Contact a Gun Possession Lawyer Westchester County immediately to protect your rights.
Related Practice Areas
- Criminal Defense Lawyer Westchester County
- Divorce and Family Law Lawyer Westchester County
- Immigration Lawyer Westchester County
- New York Criminal Defense Lawyer
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.