Possession of a Firearm by a Felon in New York City
Federal law and New York State law both prohibit an individual with a felony on their record from getting a permit to possess a firearm. Also, people in New York who are convicted of domestic violence crimes are prohibited from getting firearms. Possession of a firearm by a felon in New York City is a serious crime with equally serious consequences. If an individual prohibited from using guns has been charged with a firearm offense, they should consult a skilled gun lawyer that could fight tirelessly for them.
Possession Charges Require Strategic Defense From a Proven Criminal Lawyer
When facing firearm charges as a felon in New York City, there’s no margin for error. Prosecutors in the city treat these cases with intense scrutiny and often push for the harshest sentencing possible. At The Law Offices of Jeffrey Lichtman, we bring decades of courtroom experience to your side—experience built on high-stakes criminal defense, including weapons charges that risk long-term incarceration.
We know how to challenge unlawful searches, expose procedural missteps, and present compelling constitutional arguments on behalf of our clients. Our team isn’t here to negotiate weak deals—we fight for dismissals, reductions, and acquittals.
Can Convicted Felons Legally Possess Firearms
If a person is a convicted felon, then by both federal and state law they are prohibited from possessing a gun or even getting a permit to possess a gun. There is an exception to that, however.
If a person applies to the Executive Clemency Bureau of New York State and receives what is called a Certificate of Relief From Disabilities, New York State may remove their prohibition from being a felon to allow them to legally own a gun again. Therefore, a person can be a felon because New York State does not expunge records and, a person convicted of a felony can still apply for specific relief from New York State, which would remove the prohibition against them lawfully getting a permit to possess firearms.
How Law Enforcement Targets Felons in NYC
NYPD’s Gun Violence Suppression Division often conducts operations that sweep up individuals already under enhanced scrutiny, especially parolees or probationers. If you have a prior record, your name is already known to the system—and any traffic stop, anonymous tip, or suspicious search can lead to possession allegations.
Unfortunately, these tactics sometimes lead to unlawful arrests. Officers may overreach, detain without cause, or misinterpret possession laws during building sweeps or car searches. That’s where having a defense attorney like Jeffrey Lichtman can change the trajectory of your case. We analyze every detail—from police body cam footage to forensic inconsistencies—to dismantle the prosecution’s assumptions.
Penalty Enhancements
There is not much of a penalty enhancement for possession of a firearm by a felon in New York. The only enhancement would be that the person has already been convicted of a felony and now is in possession of a firearm, which is likely another felony. If a person who has a felony on their record is charged with a second felony, there can be sentencing enhancements that come into play as a matter of law, because a person is what is called a predicate felon, depending on when the last felony was.
Certain weapons charges in New York have a bump-up for certain crimes that were committed in the past. As an example, if a person has a felony for possession of a weapon and then is caught with a weapon again, then there can be a bump-up because they have already been convicted of that specific crime and did it again causing hat would usually be charges as a misdemeanor to rise to a felony level. There is no general provision if someone has a blanket felony and is charged with a gun; that is automatically a higher charge.
What’s at Stake for Felons in NYC
This isn’t just about jail time. A felony firearm conviction can lead to:
- Loss of future job opportunities
- Ineligibility for housing support
- Family court consequences
- Enhanced federal penalties for future arrests
The system isn’t forgiving—but that doesn’t mean you don’t have options. Our firm evaluates every path toward resolution, including suppression motions, legal relief for past felonies, and eligibility for diversion programs when appropriate.
Mandatory Minimum for Felony Possession of a Firearm
There is no difference between a person illegally found with a gun who is a felon or not a felon unless that felony causes some sort of mandatory bump-up. If a person has an aggravated felony under the criminal possession of a weapon statute, then it is likely that if they are caught with a gun again, they are going to be charged with a high-enough charge that there will be a mandatory minimum jail sentence.
Usually, that means a jail time of a minimum of six months (or two years depending on where the charges are filed), and at up to five years of probation on a standard non-loaded gun possession class D felony charge in New York. This will increase to a mandatory minimum of five years jail if the charge is a class B Felony.
Plea Deals and Penalties
If the person already has a felony record and is caught with a firearm illegally, depending on the charge, they are may be looking at those same minimums, but they will probably be offered a plea deal significantly higher, especially if their previous felony concerned weapons possession. In some situations where the previous conviction was for a felony gun charge, there may be a bump-up which would escalate a case that was not so serious and increase the charge to a higher level because the felon and was caught with a gun, causing aggravating circumstances, an increasing a mandatory minimum of two years on a class D felony to three and a half years because the charge is now a class C felony. IF an individual wants to know more about possession of a firearm by a felon in New York and what consequences they could expect to face, they should consult a qualified gun lawyer that could fight for them.
Work With a NYC Defense Lawyer If You Are a Former Felon Charged With Possession of a Firearm
Every year, people with prior records are charged again—often unfairly—for simply being in the wrong place at the wrong time. Don’t assume your case is unwinnable. Don’t assume the DA has the upper hand. With the right legal defense, you may be able to avoid the worst-case scenario.
At The Law Offices of Jeffrey Lichtman, we’ve defended clients in some of New York’s most high-profile cases. We understand how to approach firearm charges with precision, preparation, and aggressive legal strategy. If you’re facing possession of a firearm by a felon in New York City, reach out now for a confidential consultation.