Criminal Possession of a Weapon on School Grounds in New York City

New York City is known for aggressively regulating the possession or use of weapons in public places. However, few allegations are taken more seriously by police than those regarding the unlawful possession of a weapon on school grounds.

Even objects that most people would hardly consider to be dangerous weapons can qualify under this statute. The end result is that criminal charges are brought over a situation that was never as serious as the name of this offense suggests. Let our criminal defense law firm help you get the answers you need while advocating for your child’s rights.

Possessing a Weapon at School

Under New York law, it is illegal for any person to knowingly possess an air-gun, spring-gun, or any CO2 propelled projectile (air guns or air rifles) in any building, or on any grounds used for educational purposes, of any school, college or university.

Actual knowledge that a person is on school grounds is not a part of this offense, mere presence is enough regardless of whether the person knows what type of property he or she is on or in.

Unlawful Possession of a Weapon Upon School Grounds is a violation, not a crime, but is punishable by up to 15 days in jail. This offense is equivalent to disorderly conduct in terms of severity of the charge. However, even a violation can seriously disrupt a person’s life: it may lead to discharge from employment, expulsion from school, or a civil judgment for fines and court fees that a person may not be able to pay.

Additionally, because this offense is specifically tied to being on property that the person does not own, it will frequently be accompanied by more serious charges like Burglary or Criminal Trespass, and possibly other weapons charges also, which have serious criminal implications.

What Counts as a Weapon Under This Law?

Many people are surprised to learn that you don’t need a firearm to be charged with unlawful possession of a weapon upon school grounds in New York City. The law specifically targets non-powder weapons, which are often thought of as toys or recreational equipment. Even if these items are not loaded or capable of causing serious harm, they can still qualify as prohibited weapons under this statute. The following items are commonly considered weapons:

• Air guns
• Spring-loaded guns
• CO2-propelled projectile weapons
• BB guns and pellet guns
• Paintball markers with pressurized canisters
• Realistic-looking replicas capable of launching projectiles

This means that a student or individual carrying a BB gun or paintball marker may still face legal trouble if found on or near school grounds. Understanding how New York defines these items is critical for avoiding unintended violations of the law.

Collateral Consequences of a Conviction

Just like with any crime, a conviction comes with a host of penalties like jail time or fines. However, some of the steepest penalties handed down in these cases are known as collateral consequences. These are the effects of a criminal conviction that do not come directly from statute.

First and foremost, a conviction for this offense will appear a person’s criminal record. Even juveniles will have sealed records they have to deal with in the future. For students, the bigger issue often relates to their ability to continue their education.

Any allegation of bringing a weapon to school can have a devastating impact on that child’s education. They could face suspension or expulsion immediately, even if they have not yet been convicted of a crime. What’s more, a criminal record can end any chance of receiving most scholarships or even financial aid. For students who are not citizens of the United States, this type of crime could lead to the loss of a visa.

Thankfully, many of these consequences can be avoided if you are successful in fighting back against a criminal conviction. Beating these charges means avoiding the harmful impact that can come with a guilty verdict. Students can protect their future and continue preparing for college if they are ultimately successful in court. Our firm is here to help your loved one get the outcome they deserve.

Call Us in NYC Today to Discuss Your Weapons Possession on School Grounds Case

Any allegation of having a weapon at a school can have devastating consequences for a student, even if their intentions were nonviolent. As a parent, beating these charges or resolving the case without a criminal conviction is crucial for your child’s future.

At the Law Offices of Jeffrey Lichtman, the New York weapons and firearms attorneys are experienced in both weapons and property offenses. We will identify the best defenses for your case and help achieve the best possible outcome. If you have been charged with Unlawful Possession of a Weapon Upon School Grounds, contact us today for a free case evaluation and consultation.