Gun Possession Lawyer in Wayne County, NY — What Are Your Defense Options?
Criminal possession of a weapon in Wayne County is a serious offense under New York Penal Law § 265, with penalties ranging from a misdemeanor to a Class B violent felony. A conviction can mean mandatory prison time and a permanent criminal record.
New York Gun Possession Laws & Penalties
New York has some of the strictest gun laws in the nation. The primary statute governing firearm offenses is New York Penal Law Article 265. Charges are heavily dependent on the type of weapon, the defendant’s criminal history, and the circumstances of the alleged possession.
Last verified: April 2026 | Wayne County Criminal Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to every case. Our background in complex criminal defense provides a significant advantage when building a defense against serious weapon charges.
Official Legal Resources
For the official text of New York’s weapon possession laws, refer to New York Penal Law § 265 (official New York State Senate website). For Wayne County court procedures and information, visit the Wayne County Courts website.
Local Court Procedures for Gun Charges in Wayne County
Gun possession cases in Wayne County follow specific local procedures. Misdemeanor weapon charges are typically heard in Wayne County Criminal Court, while felony charges are handled by the Wayne County Supreme Court Criminal Term. New York’s 2020 bail reform eliminated cash bail for most non-violent felonies, but many gun charges are considered qualifying offenses where bail or remand may still apply. The prosecution must prove you knowingly possessed a firearm, and defenses often challenge the legality of the search or seizure that led to the discovery of the weapon.
- Arraignment: You will be formally charged and enter a plea of not guilty. Your attorney will request discovery from the prosecution.
- Pre-Trial Motions: Your gun possession lawyer Wayne County will file motions, potentially including a motion to suppress evidence if the gun was found through an unlawful search.
- Negotiations & Conferences: Your attorney will engage in plea negotiations with the District Attorney’s office to seek a reduction or dismissal of charges.
- Trial or Disposition: If no acceptable plea agreement is reached, your case will proceed to a bench or jury trial where your attorney will present your defense.
Potential Penalties for Gun Possession in New York
In Wayne County, criminal possession of a weapon carries severe penalties, including mandatory prison for certain violent felony offenses and the permanent loss of the right to own a firearm.
| Offense (NY PL § 265) | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Criminal Possession of a Weapon in the Fourth Degree | Class A Misdemeanor | Up to 1 year jail | Up to $1,000 | Criminal record, possible probation |
| Criminal Possession of a Weapon in the Third Degree | Class D Violent Felony | Mandatory min. 2 years, up to 7 years prison | Up to $5,000 | Permanent felony record, post-release supervision |
| Criminal Possession of a Weapon in the Second Degree | Class C Violent Felony | Mandatory min. 3.5 years, up to 15 years prison | Up to $15,000 | Severe felony record, lengthy supervision |
| Criminal Possession of a Firearm | Class E Felony | 1 to 4 years prison | Up to $5,000 | Felony record, loss of firearm rights |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Gun Charge Defense
Law Offices Of SRIS, P.C. was founded in 1997 and has a documented record of over 4,739 case results firm-wide with a favorable outcome rate exceeding 93%. Our managing attorney, Mr. Sris, is a former prosecutor with a background that provides a deep understanding of how the state builds its cases. We approach each gun possession case with a focus on the specific facts, challenging the prosecution’s evidence and exploring every legal avenue for dismissal or reduction.
Case Results & Client Advocacy
While specific case results are confidential, our firm-wide experience includes successfully defending clients against serious weapon charges. Outcomes have included motions to suppress evidence skilled to dismissals, negotiations for reduced charges avoiding mandatory prison, and favorable verdicts at trial. Our team, including Of Counsel attorneys with prosecutorial experience, works collaboratively to build the strongest possible defense for every client.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Gun Possession Lawyer Wayne County Team
If you are searching for a gun possession lawyer near me Wayne County, our firm is ready to help. We serve clients throughout Wayne County, including Lyons, Newark, Palmyra, Sodus, and Ontario.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
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24/7 phone consultations. Meetings by appointment only.
Frequently Asked Questions: Gun Charges in Wayne County
What is the minimum sentence for gun possession in New York?
It depends on the specific charge. Criminal Possession of a Weapon in the 3rd Degree (NY PL § 265.02) is a Class D violent felony with a mandatory minimum prison sentence of 2 years upon conviction.
Can a gun charge be reduced in Wayne County?
Yes, in some cases. An experienced affordable gun possession lawyer Wayne County can negotiate with the District Attorney to reduce a felony charge to a misdemeanor or a non-criminal violation, depending on the circumstances, your record, and the strength of the defense.
What is the “safe storage” law in New York?
New York Penal Law § 265.45 requires firearms not in your immediate possession to be stored in a locked container or with a locking device if you live with someone under 16 or someone prohibited from possessing a gun. Violation is a Class A misdemeanor.
Do I need a lawyer for a misdemeanor gun charge?
Yes. Even a Class A misdemeanor gun charge carries up to a year in jail and creates a permanent criminal record that can affect employment, housing, and your right to own firearms. A lawyer is essential to protect your rights.
What defenses are common in gun possession cases?
Common defenses include challenging the legality of the search (Fourth Amendment), arguing lack of knowledge or possession, proving the firearm was inoperable, or asserting justification. The right defense depends entirely on the facts of your case.
Related Legal Services in Wayne County
If you are facing other charges, our firm also provides strong representation for general criminal defense in Wayne County, DUI/DWI charges, and federal criminal matters. For a broader view of our criminal practice, visit our New York criminal defense hub page.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.