Possession of a Weapon

There are four degrees of Criminal Possession of a Weapon. The degree is determined by elements such as the kind of weapon that is used, the intent of the defendant, and whether there is a particular earlier conviction.

  • Possessing any of the following weapons: any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or "Kung Fu star", or a bullet containing an explosive substance designed to detonate upon impact,
  • Possessing any of the following weapons with the intent to use them unlawfully against someone: any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, armor piercing ammunition, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another,
  • Knowingly possesing a rifle, shotgun or firearm in or upon a school,
  • Possessing a rifle or shotgun after having been convicted of a felony, or
  • Possessing a weapon and not being a citizen of the United States.

Possessing:

  • A weapon after having been convicted of any crime,
  • An explosive, bomb, firearm silencer, machine-gun, assault weapon, or disguised gun,
  • A machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of identification of the weapon,
  • A loaded firearm outside one's home or place of business, or
  • 20 or more firearms.

Possessing a machine-gun, a loaded firearm, or a disguised gun, with the intent to use it unlawfully against someone.

Possessing any explosive substance with intent to use it unlawfully against someone or his property.

 
 

Contact Paszynsky Associates by phoning 212-269-6000 to speak with an attorney about your weapon possession case. After our initial consultation we will stay in close contact with you during the entire process. Read more about our service and what clients have said about us.