Weapons Violations Defense Attorneys in New York, New Jersey & Federal Court

Facing a Weapons Charge? Your Freedom and Rights Are at Stake.

Weapons charges are among the most aggressively prosecuted crimes in New York, New Jersey, and federal court. Depending on the circumstances, a conviction can lead to years in prison, steep fines, loss of firearm rights, and long-term damage to your record and reputation. Even a first-time offender may face mandatory minimum sentences under certain laws.

Common Weapons Charges

Weapons violations may include:

  • Unlawful possession of firearms or ammunition
  • Possession of an unlicensed or unregistered firearm
  • Possession of assault weapons, high-capacity magazines, or prohibited devices
  • Possession of a firearm by a convicted felon or prohibited person
  • Carrying a weapon without a permit
  • Possession of a weapon in a school zone, government building, or other restricted area
  • Possession of weapons during the commission of another crime (robbery, assault, drug trafficking)
  • Sale, trafficking, or illegal transfer of firearms

Weapons Laws in New York

New York has some of the strictest gun laws in the country, governed by the New York Penal Law Article 265 and the NYS SAFE Act.

  • Criminal Possession of a Weapon (CPW): Ranges from a misdemeanor (possession of certain knives or stun guns) to a Class B felony (possession of loaded firearms with intent to use unlawfully). Penalties can range from 1 year in jail to 25 years in prison.
  • Mandatory Minimums: Possession of a loaded, unlicensed firearm outside of one’s home or business carries a mandatory minimum sentence of 3.5 years in prison.
  • Assault Weapons & Magazines: The SAFE Act bans possession of many semi-automatic rifles and magazines exceeding 10 rounds. Violations may result in felony charges.

Weapons Laws in New Jersey

New Jersey also has extremely strict firearms laws under N.J.S.A. §2C:39 and related statutes.

  • Unlawful Possession of Firearms: Carrying a handgun without a permit is a second-degree crime punishable by 5–10 years in prison.
  • The Graves Act: Imposes mandatory minimum prison terms for many firearms offenses, even for first-time offenders.
  • Assault Firearms & Large-Capacity Magazines: Banned in New Jersey; possession carries severe penalties.
  • Other Prohibited Weapons: Switchblades, brass knuckles, silencers, and certain imitation firearms can also result in criminal charges.

Federal Weapons Offenses

Federal prosecutors often step in when weapons charges involve interstate activity, organized crime, or drug trafficking. Common federal statutes include:

  • 18 U.S.C. §922(g): Possession of a firearm by a felon, illegal immigrant, drug user, or other prohibited person; up to 10 years in prison.
  • 18 U.S.C. §924(c): Possession of a firearm in furtherance of a drug crime or violent crime; mandatory minimums starting at 5 years, up to life in prison.
  • Gun Trafficking / Straw Purchases: Purchasing firearms on behalf of others or transporting them across state lines; penalties vary but can exceed 20 years.
  • National Firearms Act Violations: Possession of silencers, short-barreled rifles/shotguns, or fully automatic weapons without proper tax stamps or registration.

Collateral Consequences of a Weapons Conviction

  • Permanent loss of the right to possess or carry firearms
  • Barriers to employment, especially in security or law enforcement
  • Ineligibility for certain professional licenses
  • Immigration consequences for non-citizens
  • Lifetime stigma of a violent or firearm-related record

Defense Strategies

Weapons cases are fact-sensitive and often turn on constitutional issues. Defense strategies may include:

  • Challenging unlawful searches, seizures, or traffic stops under the Fourth Amendment
  • Contesting whether the weapon was actually in the defendant’s possession or control
  • Disputing whether the firearm was operable or qualified as a “weapon” under state law
  • Attacking procedural errors in permits, licensing, or chain of custody
  • Negotiating alternatives to incarceration, especially for first-time offenders

Why Legal Representation Matters

New York, New Jersey, and federal prosecutors treat weapons violations as high-priority cases. With mandatory minimum sentences and aggressive enforcement, the stakes could not be higher. An experienced weapons defense attorney can examine every detail of your case, challenge the prosecution’s evidence, and fight to protect your rights and freedom.