Manhattan Gun Crimes Lawyer

Gun Crimes Attorney in Manhattan, NY

New York has some of the toughest gun laws in the country, and Manhattan in particular enforces those laws quite strictly. Even first-time offenses can have severe penalties, with expensive fines and potential prison time. If you’ve been charged with a gun crime, your future is on the line. Turn to a Manhattan gun crimes lawyer to give you the dedicated legal support you need to face these charges.

You can trust the team at the Law Office of Jonathan Savella to give you knowledgeable guidance.

New York Gun Laws

New York State and Manhattan have some of the strictest gun crime laws in the U.S., which prohibit the sale, possession, usage, storage, and modification of firearms. Residents of the state still have access to their Second Amendment rights, but the law creates firm rules and regulations when it comes to exercising those rights. In New York, some of the major gun laws owners should be familiar with include the following.

• New York Penal Law Article 265: This is the core set of statutes on guns and weapon offenses in the state. This law defines and criminalizes many kinds of possession, sale, and use of firearms, with charges ranging from misdemeanors to felonies.
• NY Penal Law § 400.00: This statute creates the licensing system for New Yorkers to lawfully own and carry handguns. The law outlines eligibility requirements, background checks, procedures, and conditions.
• New York SAFE Act: The SAFE Act strengthened gun regulations by expanding background checks, restricting certain weapons, and limiting magazine size. Passed in 2013, the law has faced several legal challenges but remains in effect today.
• Concealed Carry Improvement Act: The CCIA strengthened New York’s concealed carry licensing requirements, adding stricter background checks, mandatory training, and rigorous applicant standards. It also prohibits the possession of firearms in certain sensitive locations, including schools and public transportation.

Common Gun Charges in Manhattan, NY

In Manhattan, New York police and prosecutors take gun offenses incredibly seriously. Charges for gun crimes vary in severity, and their penalties depend on a number of factors. In New York, common gun charges include:

• Criminal possession of a weapon: This is one of the most frequently charged gun crime offenses. Even if a gun is not used or displayed, unlawful possession alone can result in criminal charges. If the firearm is loaded, the charges are elevated, and the punishment is even harsher.
• Criminal sale and distribution: Selling, transporting, or distributing firearms without proper authorization is a serious offense, and many of these crimes can be charged at either the state or federal level. From 2022 to 2025, NYPD officers recovered nearly 23,000 illegal firearms.
• Ghost gun charges: Crimes that involve possessing or manufacturing a gun without a serial number are rising in New York. Because these weapons are difficult to trace, the law is quite harsh on offenders.
• Armed robbery: If you use a weapon to take someone’s property, whether by force or intimidation, you could be looking at serious felony charges.
• Assault with a firearm: When a gun is used to intentionally cause injury or threaten harm, a perpetrator could face assault charges. In New York City in 2025, there were 688 shootings, underscoring the prevalence of firearm assault.
• Homicide: In the state of New York, guns are used in 58% of homicides and 29% of suicides. This serious form of gun violence is often considered a public health epidemic, which explains in part why the state is so strict on gun offenses.
• Possession in a sensitive location: New York law specifically prohibits gun ownership in sensitive locations, including schools, government buildings, places of worship, and other locations.

Penalties for Gun Crimes

New York doesn’t typically go easy on gun crime offenders. The state has particularly harsh gun crime penalties, often involving mandatory prison time even for first-time offenders. Many firearms offenses are considered violent crimes, and they’re charged as felonies. What’s more, there could be consequences for a conviction even after you’re released from prison.

Offenders could be subject to post-release supervision, and you may permanently lose your right to own or possess a firearm. That’s why it’s essential to work with an experienced attorney if you’ve been charged with a gun crime. Too much is at stake.

Defenses to Gun Crime Charges in Manhattan

Just because you’re charged with a gun crime in Manhattan, NY does not mean you’ve been convicted. The prosecution still has to prove beyond a reasonable doubt that you committed the crime they’ve charged you with. Upon reviewing the circumstances of your case and the evidence against you, your attorney may consider any of the following defense strategies.

• Illegal search: One of the most common defenses in gun crime cases is that police violated your Fourth Amendment rights. If the police obtained the firearm through an unlawful stop or illegal seizure, the evidence may be inadmissible in court. Without the gun as evidence, there’s very little the prosecution has to use for its case.
• Lack of possession: In many cases, the prosecution must prove you had possession of the firearm or control over it. If the weapon was found in a shared space or somewhere other than on your person, your attorney can argue that you were not in possession of the weapon or that it does not belong to you.
• Legal ownership: If you have a valid license to own the weapon and were in an area where you can legally carry the weapon, your attorney can use this to get your charges dismissed. Sometimes, errors in recordkeeping or misunderstandings about permit status can lead to arrests, even for lawful possession.
• Self-defense: In New York, as is the case in many places, you have the legal right to defend yourself and others from imminent threats. Keep in mind, the use of force must be proportional to the threat, and you can still face charges if you illegally possessed the gun at the time of usage.
• Plea bargains: In some cases, your attorney may advise you that a plea bargain is the right path forward. In these circumstances, you would plead guilty to a lesser crime in exchange for a reduced sentence.

Why Choose the Law Office of Jonathan Savella

When you choose Jonathan Savella as your criminal defense attorney, you’re partnering with a lawyer with over a decade of experience working in both the private sector and for the federal government. Jonathan represents clients in various types of criminal cases at both the state and federal levels. Our team will be by your side every step of the way, working closely with you to create a strong defense against your gun charges.

FAQs

Can I Go to Jail for a First Gun Offense in Manhattan?

Yes, you could go to jail for a first gun offense in Manhattan, NY, depending on the facts of your case. The state has strict laws with mandatory sentencing rules when it comes to guns, particularly loaded firearms. These crimes are often charged as felonies, and judges have limited discretion when it comes to sentencing. While some lower-level gun offenses could result in probation, many first-time offenses expose defendants to significant jail time.

What Is the New Gun Law That Just Passed in New York?

In the past few years, New York has passed and proposed several major laws on gun purchases, ownership, and specifications. In particular, the Concealed Carry Improvement Act, enacted in 2022, restricts weapons in areas such as schools, parks, and public transportation, while also requiring training, mental health evaluations, and references.

Other laws pertain to firearm creation and specification, including a ban on 3D printed “ghost guns” and modifications to guns.

What Are Ghost Guns, and Are They Illegal in New York?

Ghost guns are homemade or privately assembled firearms that don’t have serial numbers, making them difficult for law enforcement to track. These weapons are often built from kits or assembled using 3D-printed parts. They work like ordinary firearms, but they bypass standard regulations and registration requirements.

In New York, the possession, sale, and manufacturing of these guns are illegal. Oftentimes, these crimes are charged as felonies, carrying severe penalties.

How Strict Are New York Gun Laws?

New York has some of the strictest gun laws in the U.S. The state requires permits to possess handguns, extensive background checks, and mandatory safety training. Firearms are banned in many public areas, including on public transportation and on school property. Enforcement of these laws is especially aggressive in New York City, where offenders routinely receive harsh punishments for gun violations.

Hire a Manhattan Gun Crimes Lawyer

If you’ve been charged with a gun crime in New York City, you want an experienced Manhattan gun crimes attorney to give you the legal guidance you need to beat these charges. Hire a gun crimes lawyer from the Law Office of Jonathan Savella to help you clear your name and maintain your innocence. Contact us today to discuss and learn more about how we can help you defend against gun crime charges in New York.