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CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

What happens if a convicted felon is found in possession of a firearm?

Felons are prohibited from legally owning a gun in New York. As a result, a convicted felon found in possession of a gun can face severe penalties. Criminal possession of a dangerous weapon is classified as a felony.

The individual will face arrest for possession of a firearm regardless of whether the gun found by police actually belongs to them or not. For example, the person may be charged with constructive possession if the firearm was found in their home or car. A felon charged with possession of a firearm may face a prison sentence of up to 25 years, depending on the felony class.

As with other crimes, the more prior felony convictions a person has, the longer the prison sentence prosecutors will seek. In some cases, the resulting punishment can be more severe than the original felony for which the individual was convicted. This is especially the case if the prior offense was a violent felony that occurred within 10 years of the new conviction.

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