New York Weapons Charges Carry Mandatory Prison Time. You Need a Defense Attorney Now.
Criminal possession of a weapon in New York is not a charge you can minimize or wait out. A conviction under Penal Law 265.03 carries mandatory minimums that can send you to state prison even if you've never been arrested before — and the prosecution will push hard from the moment charges are filed.
I'm Glenn Hardy, and for more than 30 years I've defended clients facing gun charges across every borough of New York City and in federal court. I handle criminal defense exclusively, which means when you call, you speak with me directly — not a paralegal, not an associate. Me.
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What New York Considers a Weapons Offense
New York's weapons laws are among the most aggressive in the country. The state does not require proof that you fired a weapon, threatened anyone with it, or even knew it was illegal to possess. The charge itself is enough to trigger serious consequences.
Weapons charges I defend include:
- Criminal possession of a firearm (loaded or unloaded)
- Criminal possession of a weapon in the first, second, third, or fourth degree
- Unlawful possession of a weapon on school grounds
- Criminal sale of a firearm
- Possession of an illegal knife or other prohibited weapon
- Federal weapons charges under 18 U.S.C. § 922
The Mandatory Minimum Problem — and Why Your Defense Has to Start Immediately
Criminal possession of a weapon in the second degree — the most commonly charged firearms offense in New York — is a class C violent felony. A conviction carries a mandatory minimum of three and a half years in state prison. Judges cannot go below that floor, no matter the circumstances.
That mandatory minimum is why the prosecution's leverage is highest before a defense attorney is in the room. Evidence gets reviewed, witnesses get interviewed, and charging decisions get made in the earliest hours and days after an arrest. If I'm not involved at that stage, you may be giving up options that cannot be recovered later.
Constructive Possession: When the Gun Wasn't in Your Hand
One of the most aggressively prosecuted theories in New York weapons cases is constructive possession — the idea that you controlled or had access to a firearm even if it wasn't physically on your person. This comes up constantly in car stops, apartment searches, and cases where a weapon is found near multiple people.
Prosecutors use constructive possession to charge everyone in proximity to a gun. My job is to dismantle that theory — by challenging the search that produced the evidence, attacking the factual basis for the inference of control, and forcing the government to prove each element beyond a reasonable doubt. Proximity is not possession, and I fight that distinction at every stage.
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How I Build a Weapons Defense
Every gun case turns on its own facts, but there are consistent pressure points where strong defense work produces results. I examine each of the following before any other strategic decision is made:
Step 1:
Fourth Amendment Analysis
Was the stop, search, or seizure lawful? If law enforcement violated your constitutional rights to find the weapon, the evidence may be suppressible. A successful suppression motion can end a case before it reaches trial.
Step 2:
Constructive Possession Challenge
If the firearm wasn't on your person, the government must prove you exercised dominion and control over it. I scrutinize every fact the prosecution relies on to make that argument.
Step 3:
Chain of Custody and Evidence Integrity
I review how the weapon was recovered, logged, and handled. Breaks in chain of custody, improper storage, or lab errors can undermine the prosecution's physical evidence.
Step 4:
Licensing and Registration Review
New York has a complex licensing framework. In some cases, a charge rests on a licensing failure rather than criminal intent. Understanding the full regulatory picture can open avenues the prosecution hasn't considered.
Step 5:
Trial Preparation
If the case goes to trial, I am a trial attorney with documented acquittals on serious felony charges. I prepare every case as if it will be tried, because that preparation is what produces leverage at every earlier stage.
If your charge involves a related violent crime, I also handle robbery, burglary, and assault cases across New York.
Why Clients Facing Gun Charges Hire Me
30+ years of criminal defense experience — exclusively criminal defense, nothing else
Solo practitioner: you speak with me at every stage, from the first call through verdict
Documented acquittals on violent felony charges, including weapons-related cases
Adjunct professor at New York University and St. John's University — I teach the law I practice
Published in the New York Law Journal
Direct working relationships with clerks, prosecutors, and judges across New York City courts
Spanish-language support available through Maria at every stage of your case
Payment plans available through LawPay
Weapons Charges in New York: What You Need to Know
What is the minimum sentence for gun possession in New York?
Criminal possession of a weapon in the second degree — a class C violent felony under Penal Law 265.03 — carries a mandatory minimum of three and a half years in state prison. The maximum is fifteen years. Because the minimum is mandatory, a judge has no discretion to impose a lesser sentence upon conviction, which is why the quality of your defense directly determines your exposure.
What does "constructive possession" mean in a New York gun case?
Constructive possession means the prosecution is arguing you had control over a firearm even though it wasn't physically on your person. This theory is commonly used when a gun is found in a shared space — a car, an apartment, a bag — near multiple people. The government must prove you exercised dominion and control over the weapon, and that is a burden I challenge aggressively.
Can an illegal search get my gun charge dismissed?
Yes. If law enforcement obtained the weapon through an unlawful stop, search, or seizure, a motion to suppress can result in the evidence being excluded. Without the physical evidence, the prosecution often cannot proceed. Fourth Amendment challenges are one of the first things I analyze in every weapons case.
Do I need a lawyer if I have a license for the gun?
Yes. New York's firearm licensing requirements are strict and jurisdiction-specific. A license issued in another state does not automatically authorize possession in New York. Even if you believe your possession was lawful, a defense attorney should review the specific charge, the circumstances of the stop or arrest, and the applicable licensing framework before you say anything to law enforcement or the court.
What is the difference between a federal gun charge and a state gun charge?
State charges are prosecuted under New York Penal Law in state court. Federal charges — typically brought under 18 U.S.C. § 922 — are prosecuted in federal district court and carry their own sentencing guidelines, which are often more severe. I defend weapons cases in both state court and in the Eastern and Southern Districts of New York. If you're facing federal charges, the strategic approach is meaningfully different, and you need an attorney with federal court experience.
The Window to Act Is Short — Don't Wait
In New York weapons cases, the decisions made in the first 24 to 72 hours after an arrest shape everything that follows. Evidence gets reviewed. Bail arguments get made. Charging decisions get finalized. The earlier I'm involved, the more I can do.
Call my office now. I answer personally, I'll tell you exactly where you stand, and we'll start building your defense from the first conversation.