Gun Possession/Weapon Possession

As most people are aware based on recent high profile arrests of celebrities with guns, New York State treats illegal gun possession harshly.

Gun Charges

Mr. McMillan is an experienced former Westchester County prosecutor with over twenty (20) years experience defending clients charged with weapon possession including gun possession, pistol possession, or firearms possession in Manhattan, Bronx, Queens, Kings, Greenburgh, White Plains, Yonkers, Mount Vernon, Stamford and Bridgeport, Connecticut.

New York’s Gun Laws are byzantine and often confusing to all but the most experienced gun possession lawyers.

Possession of Guns in a Car

Under New York State Law, if a gun is found in the interior compartment of a car, all of the occupants are “presumed” to have possessed it, regardless of whether they had knowledge of it or not.

In car possession cases, where noone is willing to admit ownership, the best defenses to ownership which can be offered to defend you include:

  1. You were not the owner;
  2. You were not the driver;
  3. Your position within the car;
  4. Your lack of a criminal record;
  5. Your relationship (or lack thereof) to the other occupants in the car.
Criminal Possession of a Weapon in the Fourth Degree
(under NYS PL 265.01)

It is a crime punishable by up to one (1) year in prison to possess any firearm.

This crime also applies to a number of other specifically enumerated “weapons” as well as the Possession of Body Armor and Possession of Bullets.

Criminal Possession of a Weapon in the Third Degree
(under NYS PL 265.02)

A gun possession charge is exacerbated when:

  1. The possessor has a prior criminal conviction; or
  2. He possesses certain kinds of guns, like machine guns, disguised guns, assault weapons or guns with silencers; or
  3. He possesses a defaced gun; or
  4. He possesses a gun with an illegal ammunition feeding device.
Criminal Possession of a Weapon in the Second Degree
(under NYS PL 265.03)

Prohibits the Possession of guns specified in Possession in the Third Degree, except increases the penalties where there is also evidence of an intent to use that gun against another person or where the gun is loaded and operable.

Criminal Possession of a Weapon in the First Degree (under NYS PL 265.04)

Prohibits the use of bombs or ten (10) or more firearms.

Mr. McMillan is a weapons possession lawyer who had defended clients charged with gun possession or weapon possession in numerous Courts including Mount Vernon, Greenburgh, Yonkers, White Plains, Mamaroneck, Tarrytown, Irvington, Manhattan, Queens, Bronx, Bridgeport and Stamford, Connecticut.

If you have been charged with a gun crime or weapon possession contact us now at (914) 358-4326 or at (917) 538-5016.

Client Reviews
I was arrested and charged with drunk driving in New Rochelle after a traffic accident. Mr. McMillan worked tirelessly on my behalf and ultimately got the charges dismissed following a jury trial. I would recommend him to anyone. Bob, former client
My son was charged with drug sale following an incident which took place at school. Mr. McMillan was professional every step of the way and worked to ensure a good outcome. We are thankful for his efforts. Pam
I was convicted after jury trial in Supreme Court (for a crime I didn’t commit). Mr. McMillan worked tirelessly to make sure my conviction (and sentence) were overturned on appeal. I can’t thank him enough. George, former client