Criminal Possession of a Weapon in New York – Complete Guide

Overview of the Law

New York has some of the nation’s toughest gun and weapon laws. Possession of certain weapons—especially without a license or under prohibited circumstances—can lead to serious misdemeanor or felony charges.

Prohibited Weapons Under NY Law

You can be charged for knowingly possessing any of the following without proper authorization:

• Unlicensed handguns
• Loaded firearms outside the home or business
• Switchblades, gravity knives (with limited exceptions)
• Metal knuckles, brass knuckles, blackjacks
• High-capacity magazines or certain types of ammunition

Charges & Penalties (By Degree)

• CPW 4th Degree (Class A Misdemeanor):
  Possession of prohibited weapon — Up to 1 year in jail
• CPW 3rd or 2nd Degree (Class D or C Felony):
  Possession of a loaded gun outside your home, or prior criminal record — Up to 15 years in prison
• CPW 1st Degree (Class B Felony):
  Intent to use unlawfully or possession of five or more firearms — Up to 25 years in prison

What the Prosecutor Must Prove

To convict you, the prosecution must show:

• You knowingly possessed the weapon
• The weapon was illegal or unlicensed
• For felony cases: the weapon was loaded or there was intent to use unlawfully

Common Legal Defenses

• Lack of knowledge (e.g., someone else’s property)
• Illegal search/seizure violating your rights
• Inoperable weapon (not capable of firing)
• Valid license or exception (e.g., legal transport)