Nassau County Possession of a Weapon Lawyer

In Nassau County, NY illegal guns are a very serious issue and the Office of the Nassau County District Attorney will vigorously prosecute you if you are charged with Gun Possession or, more specifically, Criminal Possession of a Weapon.

The New York State law as of this writing has a mandatory minimum of 3½ years in jail if you are convicted of a felony for having an illegal gun. Your Nassau Criminal Lawyer can explain in detail the exceptions to this mandatory minimum. In some cases there are mitigating circumstances, which may get the felony reduced to a misdemeanor. One such circumstance exists when the weapon in question is inoperable. The other is a concept known as Transitory Possession, which comes into play when the accused is deemed to have been in temporary innocent possession of the gun or handgun.

Transitory Possession can be claimed when a gun or weapon is in one's possession for safety reasons. The person secures the gun with the intent of bringing it to the police or another agency so the gun can be taken off the street. Transitory possession is an absolute defense and a case will be dismissed if proved.

Other defenses in a gun crime or weapons case are:

  1. If the gun is not loaded and is in your home or your place of business this can potentially reduce a Felony gun charge to a misdemeanor charge. Thus, the mandatory minimum jail requirement would not apply.
  2. If there is an illegal search by the Nassau County Police, the "fruits" of the search can be suppressed. Thus, the discovery of the weapon or gun will not be allowed to be entered as evidence, dismissing the case.

A Gun Crimes Lawyer in our office took the time to put together a short list of types of weapons that are illegal to carry in Nassau County and throughout New York State:

  • Gravity Knife
  • Switchblade
  • Chukka Sticks
  • Billy Club
  • Cane Knife or Sword
  • Brass Knuckles
  • Black Jack

You should also be aware that if you brandish one of the above weapons, or some other object such as a razor or screw driver, demonstrating an intent to use it as a weapon, the police still can arrest you on a Weapons Possession charge.

While Nassau County does not have the same registration requirements as NYC, they do fervently enforce the guns laws. If you are caught with a gun or weapon in Nassau County, NY, you are warned that Judges are notorious for setting some of the highest bails for gun cases and are known to hand out some of the stiffest sentencing.

The Nassau Criminal Lawyers at Stephen Bilkis & Associates have knowledge and experience in handling Gun Crimes and Weapons Possession cases. Each lawyer is approachable and will give you the individual attention that your case deserves. We have convenient locations In NYC including New York, NY, Queens, Brooklyn, Bronx and on Long Island including Suffolk County and of course Nassau County. Call us at 1-800-NY-NY-LAW for a free consultation. We also handle crimes where guns are used such as kidnapping, robbery, rape, murder and assault.