What are the penalties and consequences of carrying a concealed weapon in NY?

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Question:

I was arrested in NY for carrying a concealed handgun. I wasn’t doing anything else wrong; I just had a gun on me that I’d bought for self defense. What’s the worst that could happen, and do you think I need a lawyer?

Answer: (1)

First, you definitely need an attorney. Any arrest or criminal charge needs to be taken seriously. A criminal defense attorney will increase your chance of successfully defending yourself or, at least, bargaining down to a lesser offense. In particular, you very much want to avoid being convicted of a felony, since a felony conviction record can have many serious consequences beyond prison time, such as affecting your right to vote, or to obtain and reside in certain types of housing, such as public housing.

As for what penalty you could receive, that depends on circumstances. A concealed weapons charge in New York is dealt with as criminal possession of a weapon. If this is a first time offense and you were not committing any crimes, it could be criminal possession in the fourth degree, which is a Class A misdemeanor. A Class A misdemeanor could result in up to one year in jail.

However, if you had prior firearms offense, or if the gun was loaded at the time (which, if you were carrying it for self defense, it presumably was), it is a more serious crime, with more serious penalties. You could, depending on circumstances, potentially be looking at a Class C felony, which could result in several years imprisonment.

That’s why you definitely want to make sure you retain an attorney to represent and defend you—the stakes are very high.

References:

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