Albany County Sheriff’s office arrested a 15-year-old after he was allegedly found with a loaded 9mm Smith and Wesson handgun. He was charged with one count of second-degree criminal possession of a weapon and was arraigned in Albany County Family Court.

While possessing a handgun is legal if you are a licensed firearm holder in New York, if you possess a handgun without a pistol permit, you will be arrested if you come to the attention of the police and may face a number of criminal charges, including:

1. Criminal Possession of a Weapon in the Fourth Degree in violation of Penal Law Section 265.01: 

  •  You are guilty of this offense if you possess any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, Billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chukka stick, sandbag, sand club, wrist-brace type slingshot or slungshot, shuriken, or throwing star.
  • This is a Class A Misdemeanor and carries a maximum 364 days in jail, a potential 3-year probation period and fines up to $1,000.

2. Criminal Possession of a Weapon in the Third Degree in Violation of Penal Law section 265.02:

  •  You are guilty of this offense if you commit the crime of criminal possession of a weapon in the 4th degree and have previously been convicted of any crime, or you possess any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun, or if you possess three or more firearms; or a firearm and have been previously convicted of a felony or a class A misdemeanor within the five years immediately preceding the commission of the offense and such possession did not take place your home or place of business; or if you possess any disguised gun, or if you possess an assault weapon, or a large capacity ammunition feeding device, or an unloaded firearm and also commit a drug trafficking felony, or an unloaded firearm and also commit any violent felony offense.
  • This is a Class D Felony and carries a 7 Year maximum sentence, up to 5 years’ probation, and fine amounting to $5,000.

3. Criminal Possession of a Weapon in the Second Degree in Violation of Penal Law section 265.03:

  •  You are guilty of this offense if, with intent to use the same unlawfully against another, you possess five or more firearms, any loaded firearm, a disguised gun, or a machine gun.
  • This is a Class C Felony and is met with a maximum of 15 years in prison, up to 5 years’ probation and up to $5,000 in fines.

4. Criminal Possession of a Weapon in the First Degree in Violation of Penal Law section 265.04:

  •  You are guilty of this offense if you possess 10 or more firearms or possess any explosive substance with intent to use it unlawfully against the person or property of another.
  • This is a Class B Felony and carries a maximum sentence of 25 years in prison, up to 5 years’ probation and, fines reaching $5,000.

Also, in the context of a child possessing a firearm, the child may also be charged with Unlawful Possession of Weapons by persons under the age of 16 in violation of Penal Law section 265.05. Section 265.05 reads:

It shall be unlawful for any person under the age of sixteen to  possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued pursuant to article eleven of the environmental conservation law and used in accordance with said law shall not be governed by this section.

If you are curious how this pertains to hunters and the possession/transportation of a firearm, please visit the NYS Department of Environmental Conservation website for clarity.

If you or someone you know is being accused of a crime, don’t waste time, call 844-Accused.