Being arrested on a gun charge in New York is a jolt like nothing else. One traffic stop, one search, one accusation, and suddenly you’re staring at the possibility of a violent-felony conviction and years in state prison.
The Syracuse gun crimes lawyers at Passalacqua & Associates, LLC defend clients across Onondaga County against every category of New York weapons charge, from Criminal Possession of a Weapon in the Fourth Degree to loaded-firearm felonies carrying mandatory prison time, with two or more attorneys assigned to every case and a trial-ready posture from day one.
Call (315) 500-6425 for a free, confidential consultation. We answer 24/7.
We Defend the Full Range of New York Weapons Charges
New York’s weapons laws are among the strictest in the country, and prosecutors in Onondaga County treat gun cases as priority matters. Our Syracuse gun crimes lawyers handle:
Criminal Possession of a Weapon in the Fourth Degree (PL § 265.01) — a Class A misdemeanor covering certain knives, stun devices, and other listed weapons, punishable by up to one year in jail.
Criminal Possession of a Firearm (PL § 265.01-b) — a Class E felony that typically applies to unloaded pistols or revolvers possessed outside the home or business without a New York license.
Criminal Possession of a Weapon in the Third Degree (PL § 265.02) — a Class D violent felony that reaches defaced firearms, three-or-more firearms, and possession by anyone with a prior conviction.
Criminal Possession of a Weapon in the Second Degree (PL § 265.03) — a Class C violent felony that most often applies to a loaded firearm possessed outside your home or business without a valid New York license. This charge carries a mandatory minimum of 3.5 years in state prison on conviction.
Criminal Possession of a Weapon in the First Degree (PL § 265.04) — a Class B violent felony, generally involving explosive devices or ten or more firearms, with a maximum sentence of 25 years.
Criminal Use of a Firearm (PL §§ 265.08, 265.09) — enhancements added when a firearm is used or displayed during another felony, layered on top of the underlying felony penalty.
Sensitive- and restricted-location possession (PL §§ 265.01-d, 265.01-e) — the post-Bruen charges enacted in 2022 that apply to firearm possession in schools, government buildings, transit, houses of worship, bars, parks, and other listed places — and that reach even valid license holders who cross into a listed zone.
Criminal Sale of a Firearm (PL §§ 265.11–265.13) — trafficking-related felonies with penalties that scale rapidly with the number of firearms involved.
Ammunition, magazine, and rapid-fire modification charges — including the ten-round magazine cap and possession of accessories that convert or increase a firearm’s rate of fire.
If you’re not certain what you’ve been charged with, bring the paperwork to the consultation and we’ll walk through it with you line by line.
What a Syracuse Gun Charge Actually Means
A New York weapons charge is not a traffic ticket, and it is not something to “wait and see” on. Most firearm-related charges above the misdemeanor level are classified as violent felonies, which changes almost everything about the case, mandatory prison minimums, restricted plea options, tighter judicial discretion at sentencing, and lifetime firearms consequences on conviction.
A Second Degree conviction for a loaded firearm outside the home carries a mandatory minimum of 3.5 years in state prison; on the top count, the judge cannot go below that number regardless of your record, your reason for possession, or your circumstances.
A conviction on almost any felony weapons charge permanently disqualifies you from lawful firearms possession under both state and federal law, and, because it is a felony, carries the full suite of collateral consequences described later on this page.
Two things matter more than anything else in the first 72 hours: what you say, and who searched what. Search-and-seizure issues, including the traffic stop, the pat-down, the vehicle search, the “consent” the officer says you gave, and the reason the officer even approached, are where a large percentage of gun cases are won or lost.
Statements you make between arrest and arraignment are where the rest of them are lost, so know the questions to ask the police before you say anything else.
The sooner counsel is involved, the more of that record we can protect. If you have not yet been arrested but you know you are under investigation, that is also the moment to call.
How We Defend a Syracuse Gun Case
Every weapons case at Passalacqua & Associates gets a coordinated team of attorneys, typically two lawyers, sometimes more depending on the charge, because the workload of investigating a felony case is not a one-person job. Our defense workflow generally includes:
Full charge and evidence review. We read the felony complaint, the accusatory instrument, the police reports, the property vouchers, the 911 recordings, and any body-worn or vehicle-camera video available, and we identify every element the prosecution has to prove beyond a reasonable doubt.
Fourth Amendment scrutiny. We examine the stop, the frisk, the search, and the chain of custody for the weapon. If the officer lacked reasonable suspicion or probable cause, if the “consent” was coerced, or if the search exceeded its lawful scope, we file a motion to suppress under CPL Article 710. When a suppression motion succeeds and the weapon is excluded, the prosecution’s case typically cannot go forward.
Grand jury and pre-indictment strategy. In felony cases, there is a narrow window before the case is presented to the grand jury when a defendant may testify — a decision that requires careful cost-benefit analysis. We handle that call with you, not for you.
Licensing and status analysis. New York’s licensing framework is technical. We look at whether the firearm was licensed elsewhere, whether the client’s status made possession lawful in a specific location, whether an Article 265 exception applies, and whether the alleged “sensitive location” was properly designated and noticed.
Ballistics, forensics, and expert review. Where a case turns on fingerprints, DNA on the weapon, or ballistics matching, we retain qualified defense experts to review the state’s work independently.
Negotiation with the DA. Where the facts and law support it, we push for reduction to a lesser charge, a non-criminal disposition, or a resolution that avoids a violent-felony record and the mandatory minimum that comes with it.
Trial preparation from day one. Every case is prepared as if it is going to trial — because that posture, more than anything else, changes what the prosecution offers on plea.
Charged with a firearm offense in Syracuse? Call (315) 500-6425 now for a free consultation.
The Collateral Consequences of a New York Weapons Conviction
The prison sentence is not the whole picture. A New York felony weapons conviction carries a cascade of collateral consequences that often outlast the direct sentence by decades:
Federal firearms disability. Under federal law, a felony conviction permanently prohibits you from possessing any firearm or ammunition anywhere in the United States. New York’s restoration process is narrow and, in practice, very difficult to complete.
Immigration consequences. For non-citizens, many New York firearms offenses are classified as deportable “firearm offenses” under the Immigration and Nationality Act. A plea that seems favorable in criminal court can trigger removal proceedings and, in some cases, mandatory detention. We coordinate with immigration counsel where needed.
Employment. Any felony record shows up on standard background checks. Fields with fingerprint-based checks — healthcare, education, finance, security, government — routinely bar felony convictions outright.
Professional licensing. Nurses, doctors, teachers, accountants, real estate agents, and many other licensed professionals face separate board proceedings and possible license revocation on a felony conviction.
Housing and student aid. Public housing eligibility, private landlord background checks, and certain federal student aid programs are all affected.
Firearm rights, hunting, and self-defense. New York pistol permits are revoked on conviction; long-gun and hunting privileges are also restricted.
Defending the criminal case is job one. But we plan the defense with these downstream consequences in mind from the first meeting — because “less time” is not always the same as “best outcome” once the collateral picture is on the table.
Local Courts and What to Expect
Weapons cases in the Syracuse area move through a defined path. Misdemeanor charges are prosecuted in Syracuse City Court (for arrests inside city limits) or in the town or village court where the arrest occurred.
Felony charges move into the Onondaga County Court after arraignment and grand jury presentation. Federal firearms charges out of the Northern District of New York are handled in U.S. District Court in Syracuse, and our Syracuse federal crimes lawyers defend those cases as well.
Nick Passalacqua is admitted in both New York State and Federal Courts.
Knowing the local prosecutors, the sitting judges, and the pretrial-release practices in Onondaga County is not window dressing. It shapes bail arguments, plea posture, motion timing, and calendaring. Our Syracuse criminal defense lawyers work these courthouses every week.
Why Choose Passalacqua & Associates for a Gun Case
A trial firm, not a plea mill. We identify ourselves as trial lawyers because we try cases. Prosecutors know it, and it shapes what they offer on plea.
A team on every case. Two or more attorneys are assigned to each matter — real second-set-of-eyes review of every motion, every plea, and every trial strategy.
Over 50 years of combined experience across criminal defense and complex litigation in Central New York.
Recognition from independent legal directories including Avvo, Justia, and FindLaw, and 230+ five-star reviews from former clients.
Prior results do not guarantee a similar outcome.
Frequently Asked Questions
Do I need a lawyer for a gun charge in Syracuse, or can I handle it myself?
You need a lawyer. Every weapons charge above the fourth-degree misdemeanor is a felony in New York, and most of them are classified as violent felonies with mandatory minimum prison time on conviction. The public defender’s office can represent you if you qualify financially, but if you are able to hire private counsel, the earlier you do it, the more of the case we can shape, starting with the arraignment, the bail argument, and the first suppression opportunity.
Will I go to prison for a first-offense weapons charge in New York?
It depends on the specific charge and the facts. A first-offense misdemeanor Fourth Degree possession will often resolve without incarceration, especially with a clean record. A first-offense loaded-firearm charge under Second Degree possession carries a mandatory minimum of 3.5 years in state prison on conviction, so the defense goal in those cases is typically to prevent conviction on the top count through suppression, dismissal, or reduction to a non-mandatory charge.
Can a Syracuse gun charge be dismissed?
Yes, and it happens more often than people expect, usually on constitutional grounds. If the traffic stop that led to the search was unlawful, or if the search itself exceeded what the officer was permitted to do, the weapon is subject to suppression, and without the weapon in evidence, the prosecution’s case typically collapses.
Whether that argument is available in your case depends on the specific facts, which is why the first conversation with counsel is diagnostic before it is anything else.
I have a firearms license from another state. Does that protect me in New York?
No. New York does not recognize out-of-state carry permits, and possession of a loaded pistol outside the home or place of business without a New York license can be charged under Second-Degree possession, the same statute that carries a 3.5-year mandatory minimum.
This is one of the most common ways lawful out-of-state gun owners end up facing serious New York charges after a traffic stop.
What does it cost to hire a Syracuse gun crimes lawyer?
Our consultations are free. Fees for felony defense are quoted based on the specific charge, the complexity of the investigation, the number of pretrial motions anticipated, and the projected trial work. We walk you through the scope and the number before you sign anything, and we do not take a case without a clear written engagement. Call (315) 500-6425 to schedule.
Talk to a Syracuse Gun Crimes Lawyer Today
Get a free case review today!
The window to protect your record on a New York weapons case is short, and it starts running the moment of arrest. Call Passalacqua & Associates, LLC at (315) 500-6425, as we answer 24/7, or visit our Syracuse office at 499 S. Warren St, Suite 220, Syracuse, NY 13202. Consultations are free and confidential.
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