Gun Possession Lawyer Brooklyn, NY
If you or a family member has been arrested or charged with illegal gun possession in Brooklyn, the stakes are high and the law moves fast. Law Offices Of SRIS, P.C. represents clients facing weapons charges in Kings County courts—from misdemeanor possession of an unlicensed firearm to felony counts that carry decades in prison. Mr. Sris and his Of Counsel team bring extensive combined legal experience to every case. We appear at Kings County Supreme Court at 360 Adams Street, at the NYC Criminal Court in downtown Brooklyn, and in every courthouse that handles New York Penal Law firearm offenses. Our firm works to protect your rights, examine the prosecution’s evidence, and pursue the favorable outcomes. Whether you were arrested after a traffic stop, a search warrant, or an encounter in one of Brooklyn’s neighborhoods—Williamsburg, Park Slope, Bushwick, Flatbush, or elsewhere—reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Gun Possession Means in Brooklyn, NY
Gun possession in Brooklyn is governed primarily by Article 265 of the New York Penal Law, which broadly criminalizes the possession, carrying, and use of firearms and other weapons without a valid license. New York City has some of the strictest firearm regulations in the country. In Kings County, possessing a loaded firearm outside your home or place of business without a carry license can result in a felony charge under N.Y. Penal Law § 265.03 (criminal possession of a weapon in the second degree). Even having an unlicensed gun in your home can lead to a misdemeanor or felony depending on the type of weapon and your prior record. The Brooklyn District Attorney’s office prosecutes these cases actively, and Kings County Supreme Court at 360 Adams Street handles all felony weapons charges, while misdemeanor cases are heard in the NYC Criminal Court.
New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, which can affect how a gun possession case proceeds. However, many felony weapon charges remain bail-eligible, and a defendant may face supervised release or bail conditions. The court process includes an arraignment—typically within 24 hours of arrest—followed by motion practice, discovery under CPL Article 245, and possibly a grand jury presentation for felony cases. For certain first offenses where a misdemeanor charge is filed, an Adjournment in Contemplation of Dismissal (ACD) may be available under CPL § 170.55, experienced to a dismissal after 6 to 12 months if the defendant stays out of trouble. Understanding how the local courts and the Kings County District Attorney’s office handle gun cases makes a difference. Mr. Sris and his Of Counsel have experience handling criminal matters in Brooklyn and work to apply the relevant law to each client’s situation.
Under New York law, penalties for criminal possession of a weapon vary by degree: a Class A misdemeanor (e.g., fourth-degree possession) carries up to 1 year in jail; a Class C violent felony (second-degree possession) carries a minimum of 3½ years and up to 15 years in prison; a Class B violent felony (first-degree possession) carries a minimum of 5 years and up to 25 years in prison.
Source: N.Y. Penal Law. New York Penal Law
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Gun Possession Cases
When Law Offices Of SRIS, P.C. is retained, the team immediately begins evaluating the prosecution’s case. We examine the circumstances of the arrest—was the stop lawful? Did the police have probable cause to search? Was the weapon recovered properly? Many gun possession cases turn on suppression issues under the Fourth Amendment and New York’s own constitution. Mr. Sris and his Of Counsel file timely motions to challenge illegal searches, faulty warrants, and improperly obtained statements. We also scrutinize the chain of custody for any firearm evidence, as well as the admissibility of ballistics or forensic reports.
Beyond litigation, we explore every available resolution. That may include negotiating with the prosecutor to reduce a felony charge to a misdemeanor, seeking a diversion or alternative-to-incarceration program, or taking the case to trial when the evidence is weak. For clients with immigration concerns, we understand that a weapons conviction can have severe immigration consequences, and we coordinate with immigration counsel when needed. Throughout the case, we keep the client informed about court dates, what to expect at each stage, and the options on the table. Our approach is grounded: we build a thorough defense and present it clearly to the judge and prosecutor.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. He is a former prosecutor who has handled criminal matters in multiple jurisdictions and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring extensive combined legal experience to every gun possession case. The Of Counsel team includes attorneys with backgrounds that strengthen the firm’s criminal defense work, and together they collaborate on strategy, legal research, and courtroom advocacy. Collectively, they have a thorough understanding of New York weapon laws and the Kings County court system.
Frequently Asked Questions
What constitutes illegal gun possession in Brooklyn, NY?
Illegal gun possession in New York typically involves possessing a firearm without a valid New York City license, carrying a loaded firearm outside one’s home or place of business without a carry license, or possessing certain prohibited weapons. Under N.Y. Penal Law Article 265, simple possession of an unlicensed handgun can be charged as a Class E or D felony, while possession of a loaded firearm outside the home is often charged as criminal possession of a weapon in the second degree, a Class C violent felony. Certain types of firearms, such as assault weapons or large-capacity magazines, are also prohibited. If you are found with a gun that is defaced or has an altered serial number, that can add an additional felony count. A conviction can result in a permanent criminal record and, for non-citizens, immigration consequences. If you are facing a gun charge in Brooklyn, contacting an experienced attorney promptly is important.
What are the penalties for gun possession charges in Brooklyn, NY?
Penalties depend on the degree of the charge: a Class A misdemeanor (fourth-degree possession) can result in up to one year in jail, while a Class C violent felony (second-degree possession) carries a minimum of 3½ years and up to 15 years in prison, and a Class B violent felony (first-degree possession) carries up to 25 years. Beyond incarceration, a felony conviction results in the loss of civil rights, including the right to vote and possess firearms. The court may also impose fines and mandatory surcharges. For many felony weapon offenses, New York’s sentencing laws include mandatory minimum prison terms, and a prior felony record can elevate a charge. An experienced attorney can evaluate the strength of the prosecution’s case and work to have charges reduced or dismissed where possible. For exact sentencing ranges and potential defenses, discussing your case with counsel is essential.
What should I do if I am arrested for gun possession in Brooklyn?
If you are arrested for gun possession in Brooklyn, remain silent, do not consent to any searches, and ask to speak to an attorney immediately. Do not try to explain your side of the story to the police without legal representation. Anything you say can be used against you. If you are taken to Central Booking, the process of being processed and seeing a judge can take many hours or overnight. Once you are arraigned, a lawyer can argue for your release and begin building your defense. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 as soon as possible to arrange a consultation and have an attorney appear at your arraignment if time permits.
Can a gun possession charge be dismissed or reduced in Brooklyn?
Yes, a gun possession charge may be dismissed if the evidence was obtained through an illegal search or if the prosecution cannot prove the elements of the offense beyond a reasonable doubt. Charges can also be reduced through plea negotiations, where a felony is reduced to a misdemeanor or a lesser included offense. In some cases, an Adjournment in Contemplation of Dismissal (ACD) may be available for a misdemeanor gun charge, experienced to a dismissal after a period of good behavior. Whether dismissal or reduction is possible depends on the specific facts, the strength of the evidence, and the client’s background. Mr. Sris and his Of Counsel scrutinize each case for grounds to suppress evidence and negotiate with the prosecutor for the trusted achievable outcome.
Do I need a lawyer for a gun possession case in Brooklyn?
Yes, you need an experienced criminal defense lawyer if you are facing a gun possession charge in New York, because the stakes are high and the laws are complex. A conviction can result in a permanent criminal record, incarceration, and loss of rights. An attorney can challenge the legality of the stop and arrest, file motions to suppress evidence, negotiate with the prosecutor, and present a defense at trial if necessary. Without a lawyer, you may not know the full range of options or the consequences of pleading guilty. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel are available to discuss your case, explain the law, and provide a candid assessment of your situation. Call (888) 437-7747 to schedule a consultation.
How does the court process work for a gun possession case in Brooklyn?
The process begins with an arrest and arraignment, followed by discovery, motion practice, and possible grand jury proceedings for felony cases, and then plea negotiations or trial. At the arraignment, the judge informs you of the charges and sets bail or release conditions. If the case is a felony, it will go to a grand jury unless the prosecutor agrees to a misdemeanor reduction. Motions—such as a motion to suppress evidence—are heard before the trial judge. If the case is not resolved by plea, it proceeds to trial before a jury or judge. The timeline varies by the complexity of the case and the court’s calendar. Throughout the process, Mr. Sris and his Of Counsel can advise you and represent you in all proceedings at Kings County Supreme Court or NYC Criminal Court in Brooklyn.
New York primary legal sources:
New York Penal Law ·
New York Criminal Procedure Law ·
Kings County Supreme Court
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