Weapons Attorney in Syracuse, NY

Charged with a gun or weapon crime in Syracuse? Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. We defend criminal possession of a weapon charges in Syracuse City Court, Onondaga County Court and town courts across Central New York. Call 315-424-8326 for a free consultation.

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IN THE NEWS

Weapon Crime Defense Attorneys Who Used to Prosecute Gun Cases

Former Onondaga County prosecutors, now defending people charged with gun and weapon crimes.

A gun arrest in Syracuse moves fast. Police often take the case straight to the Onondaga County District Attorney’s Office for a felony complaint, and many gun charges carry a mandatory prison minimum. The decisions made in the first days, including what you say, whether bail is set, and whether evidence gets challenged, can shape the whole case.

Our weapons attorneys know how these cases are built because they used to build them. Scott A. Brenneck prosecuted weapons, assault, burglary and robbery cases in the Onondaga County DA’s Felony Trial Unit. Joe Centra handled drug and weapons cases in the DA’s Narcotics Bureau. Melissa K. Swartz has won reversals in the Fourth Department and the Court of Appeals, including the reversal of a criminal possession of a weapon in the second degree conviction and dismissal of the indictment.

Whether police found a handgun in a car on a traffic stop, a rifle in a home search, or a knife during a street encounter, we look first at the stop, the search and the proof of possession. That is where many gun cases are won or lost.

Arrested on a gun charge in Syracuse? Do these three things now

Stay silent and ask for a lawyer.

You have the right to remain silent and the right to counsel. Do not explain where the gun came from, who owns it, or why it was in the car. Those statements are often the strongest evidence of “possession.” (Read more: why speaking to police without a lawyer is risky.)

Don’t consent to more searches.

Say clearly, “I do not consent to a search.” Don’t physically resist.

Call a weapons attorney before arraignment.

Bail, release conditions and an order to surrender other firearms are often decided at the first court date. Call 315-424-8326. (See also: what to do after a criminal arrest in Syracuse.)

Is a gun charge a felony in New York?

Usually, yes. Possessing an unlicensed loaded handgun outside your home or business is criminal possession of a weapon in the second degree, a class C violent felony under Penal Law §265.03. The lowest-level weapon charge, criminal possession of a weapon in the fourth degree (PL §265.01), is a class A misdemeanor. The exact charge depends on the type of weapon, whether it was loaded, where it was found, and your record.

Can I be charged for a gun that wasn't on me?

Yes. New York uses “constructive possession”: the prosecution can argue you controlled a gun found in a car, bedroom or shared space. For cars, Penal Law §265.15(3) creates a presumption that every person in the vehicle possessed the gun, with exceptions. A presumption is not proof. We challenge who actually knew about the weapon and who controlled the space.

Out-of-state gun owners: your permit does not travel

New York does not honor pistol permits or carry licenses from other states. A licensed gun owner from Pennsylvania, Ohio or the South can be charged with a felony for a handgun in the glove box while driving through Syracuse on I-81 or the Thruway. New York generally issues carry licenses only to residents and people principally employed in the state. If you were arrested while traveling, call before you accept any plea offer.

Will I lose my pistol permit after an arrest?

Possibly. A licensing officer can suspend or revoke a New York pistol license after an arrest or an order of protection, and you may be ordered to surrender your guns. Handling the criminal case well is often the best way to protect the license. If you are facing a red flag order instead of a criminal charge, see our ERPO (red flag) defense page.

How Our Gun Charge Lawyers Fight Weapons Cases

As former prosecutors, we know where weapons cases are weak. We test every one of these:

The stop. Did police have a legal reason to stop the car or approach you? New York’s People v. De Bour levels limit what officers may do at each step.

The search. Was there a valid warrant, valid consent, or a real exception? If not, we move to suppress the gun under CPL §710.20.

Possession. Did you know the gun was there, and could you control it? Being near a gun is not the same as possessing it.

The car presumption. PL §265.15(3) has exceptions, and a jury does not have to accept it.

Operability and “loaded.” The prosecution must prove the gun works. “Loaded” has a legal definition that we check against the evidence (PL §265.00(15)).

Home or business exception. A loaded gun kept in your own home or place of business is generally not CPW 2nd under §265.03(3).

License and exemption status. Licenses, antique-firearm rules and legal exemptions can defeat or reduce a charge.

Statements and lab work. We challenge statements taken without proper Miranda warnings and test DNA, fingerprint and chain-of-custody evidence.

Gun Charge Penalties in New York

These are the main New York weapon offenses and the sentences the law allows for a first offense.

NY Gun Charge Penalties

Swipe to see all columns →

Offense	Statute	Class	Possible sentence (first offense)
Criminal possession of a weapon, 4th degree	PL §265.01	A misdemeanor	Up to 364 days in jail, probation, fine up to $1,000
Criminal possession of a firearm	PL §265.01-b	E felony	Up to 1⅓–4 years in prison; probation possible
Criminal possession of a weapon on school grounds	PL §265.01-a	E felony	Up to 1⅓–4 years; probation possible
Criminal possession of a weapon in a sensitive location	PL §265.01-e	E felony	Up to 1⅓–4 years; probation possible
Criminal possession of a weapon, 3rd degree	PL §265.02	D violent felony	2 to 7 years determinate prison; some cases allow a lesser sentence
Criminal possession of a weapon, 2nd degree	PL §265.03	C violent felony	3½ to 15 years determinate prison; narrow exceptions
Criminal possession of a weapon, 1st degree	PL §265.04	B violent felony	5 to 25 years determinate prison
Criminal use of a firearm, 2nd degree	PL §265.08	C violent felony	3½ to 15 years
Criminal use of a firearm, 1st degree	PL §265.09	B violent felony	5 to 25 years, plus an added consecutive term in some cases
Criminal sale of a firearm, 3rd degree	PL §265.11	D violent felony	2 to 7 years

Prison sentences for violent felonies are followed by post-release supervision (PL §70.45). Felony fines can reach $5,000 (PL §80.00). A prior conviction raises every range. This table is general information, not legal advice about your case.

Criminal Possession of a Weapon Charges We Defend

Most gun cases in Syracuse are charged under Article 265 of the New York Penal Law. Here is what each charge means in plain English.

Criminal possession of a weapon in the fourth degree (PL §265.01)

The base-level weapon crime and a class A misdemeanor. It covers possessing any firearm without a license, certain banned items such as metal knuckles, and possessing a dangerous instrument or knife with intent to use it unlawfully against someone. Gravity knives were removed from this law in 2019.

Criminal possession of a firearm (PL §265.01-b)

A class E felony for possessing an unlicensed firearm, including a handgun kept at home. It is often charged together with CPW 2nd.

Criminal possession of a weapon in the third degree (PL §265.02)

A class D violent felony. Common versions include having a weapon after a prior conviction, a defaced firearm, an assault weapon, a large-capacity magazine, or three or more firearms.

Criminal possession of a weapon in the second degree (PL §265.03)

The most common serious gun charge in Syracuse. It is a class C violent felony, usually for a loaded firearm outside your home or place of business, or a loaded gun possessed with intent to use it unlawfully. It also covers five or more firearms. A conviction usually means state prison, which is why early defense work matters.

Criminal possession of a weapon in the first degree (PL §265.04)

A class B violent felony, charged for explosive substances with intent to use them unlawfully or for possessing ten or more firearms.

Sensitive places and school grounds (PL §§265.01-a, 265.01-e)

After the U.S. Supreme Court’s 2022 NYSRPA v. Bruen decision, New York passed the Concealed Carry Improvement Act. It bans guns in many “sensitive locations,” even for license holders. Parts of the law have been challenged in federal court, so the rules have changed more than once. Carrying on school grounds without written permission is a separate felony.

Criminal use and criminal sale of a firearm (PL §§265.08–265.09, 265.11–265.13)

Criminal use applies when a gun is possessed or displayed during a violent felony. Criminal sale covers selling or giving away firearms unlawfully, including trafficking cases. These charges are often added to robbery or assault cases. For the underlying charge, see our felony and misdemeanor defense page.

Assault weapons and large-capacity magazines

New York’s SAFE Act bans most assault weapons and magazines that hold more than ten rounds, with limited exceptions. Many people are charged for gear that is legal in the state they moved from.

Ghost guns and unserialized frames

New York criminalizes possessing, selling or making unserialized “ghost guns” and unfinished frames or receivers.

Guns found with drugs

When police find a gun and drugs together, the prosecution often charges both and argues the gun protected the drugs. We defend the weapon count here and coordinate with our drug possession defense work on the drug count.

Federal gun charges

Some Syracuse gun cases are adopted federally, often as “felon in possession” under 18 U.S.C. §922(g). Those cases go to the Northern District of New York. See our federal criminal defense page.

Facing a red flag order instead?

Facing an Extreme Risk Protection Order rather than a criminal charge? See our ERPO defense page

How a Gun Case Moves Through Syracuse Courts

Most weapon cases in Onondaga County follow the same path. Knowing it helps you make better decisions at each step.

Arrest and booking.

Syracuse Police, the Onondaga County Sheriff’s Office, State Police or a town police department makes the arrest. People are usually booked at the Onondaga County Justice Center, 555 South State Street.

Arraignment.

A felony gun charge starts as a felony complaint in Syracuse City Court, 505 South State Street, or in the local town or village court where the arrest happened. The judge decides release or bail. Most violent felony gun charges are bail-eligible. Our office at 300 South State Street is a short walk from the courts.

Preliminary hearing or grand jury.

If you are held, the prosecution must act within the CPL §180.80 time limits. Felony charges then go to an Onondaga County grand jury. You may have the right to testify. Talk to your lawyer first.

Indictment and County Court.

If indicted, the case moves to Onondaga County Court, 401 Montgomery Street, or to Supreme Court.

Discovery.

Under CPL Article 245, the prosecution must turn over police reports, body-camera video, lab results and witness information.

Motions and hearings.

We file motions to suppress the gun and any statements. Suppression hearings (Mapp, Huntley, Dunaway) are where many weapons cases turn.

Plea or trial.

If the evidence survives, we negotiate from strength or take the case to a jury. Misdemeanor CPW 4th cases usually stay in City Court or town court.

Outside Onondaga County

Arrests in Auburn go through Auburn City Court and Cayuga County Court. Arrests in Oswego go through Oswego City Court and Oswego County Court. Federal cases go to the U.S. District Court in Syracuse.

Consequences Beyond the Sentence

A weapons conviction can follow you long after the case ends:

Lifetime gun ban.

A felony conviction bars you from owning guns under state and federal law.

Pistol license.

Your New York license can be revoked, and future applications denied.

Sealing limits.

Violent felony convictions, which include most gun felonies, are not eligible for CPL §160.59 sealing. The Clean Slate Act (CPL §160.57) has its own waiting periods and exclusions.

Immigration.

Firearm offenses can make a non-citizen deportable. Talk to us before any plea.

Jobs, housing and licenses.

Employers, landlords and licensing boards often screen for weapon convictions.

Students.

College students can face school discipline in addition to the criminal case. See our university discipline and Title IX page.

Young people.

Teens aged 16 to 18 may qualify for youthful offender treatment, though armed-felony rules can limit it.

Results From Our Weapons Attorneys

People v. Montgomery

Melissa K. Swartz obtained reversal of a criminal possession of a weapon in the second degree conviction, and the indictment was dismissed.

People v. Robles

New York Court of Appeals; suppression error. Confirm which side Melissa represented, the outcome, and that a weapon charge was involved.

More weapons results

Any weapons-case dismissals, suppression wins or acquittals from Scott or Joe that the firm can publish.

Prior results do not guarantee a similar outcome.

MEET THE TEAM

Meet Your Gun Possession Lawyers

Cambareri & Brenneck was founded by, and is made up of, former Onondaga County prosecutors. On a weapons case, that means your defense team has handled gun cases from the other side of the courtroom.

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Scott A. Brenneck

Partner, Attorney

Appeals and post-conviction; People v. Montgomery

Melissa K. Swartz

Attorney

Appeals and post-conviction; People v. Montgomery

Joe Centra, Esq.

Attorney

Former ADA, Narcotics Bureau: drug and weapons cases

(Ret.) Judge John

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

Melissa K. Swartz

Attorney

Appeals and post-conviction; People v. Montgomery

Joe Centra, Esq.

Attorney

Former ADA, Narcotics Bureau: drug and weapons cases

(Ret.) Judge John

Special Counsel

WHY CHOOSE US

Why Hire a Former Prosecutor as Your Gun Crime Lawyer

Former Onondaga County Prosecutors

Our attorneys prosecuted gun, drug and violent felony cases. Now we use that insight to find the weak points in yours.

Trial and Appeal on One Team

If a case can't be won at trial, our appellate attorneys can take it to the Fourth Department and the Court of Appeals.

Downtown, Steps From the Courts

Our office is at 300 South State Street in downtown Syracuse, close to City Court and County Court.

Free, Confidential Consultation

Call 315-424-8326 or send a message. We'll review your charge and explain your options.

AREAS WE SERVE

Weapons Charge Lawyer for Syracuse & Central New York

Syracuse, NY

Downtown office at 300 South State Street. Cases in Syracuse City Court and Onondaga County Court.

Onondaga County towns

Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga and Baldwinsville town and village courts.

Auburn (Cayuga County)

Auburn City Court and Cayuga County Court.

Oswego (Oswego County)

Oswego City Court and Oswego County Court.

FAQS

Weapons Charge FAQs

How many years can you get for a gun charge in New York?

It depends on the charge. Criminal possession of a weapon in the fourth degree is a misdemeanor with up to 364 days in jail. Criminal possession of a weapon in the second degree, the most common felony gun charge, carries 3½ to 15 years in state prison for a first offense, with narrow exceptions. A prior record increases the range.

Is there a mandatory minimum for a gun charge in NY?

For many felony gun charges, yes. A conviction for criminal possession of a weapon in the second degree generally requires at least 3½ years in prison, even with no record. Lower charges, such as criminal possession of a firearm, can allow probation. That gap is why the charge level, and getting it reduced, matters so much.

Can you get probation for a gun charge in New York?

Sometimes. Probation is possible for misdemeanor weapon charges and for some class E felonies, such as criminal possession of a firearm. It is usually not possible for CPW 2nd unless a legal exception applies. A strong suppression motion or a negotiated reduction is often the path to a non-prison result.

How much is bail for a gun charge in Syracuse?

There is no set amount. Most violent felony gun charges are bail-eligible under New York law, so the judge at arraignment can set bail or release you with conditions. The judge looks at your record, ties to the community and court history. Having a lawyer at arraignment can make a real difference.

How do you beat a gun charge in New York?

Most wins come from the stop, the search or proof of possession. If police lacked a legal reason to stop or search you, the gun can be suppressed. If the gun was in a shared car or home, the prosecution must prove you knew about it and controlled it. Operability, licensing and lab evidence can also be challenged.

What happens if police find a gun in a car with several people?

New York presumes that everyone in a vehicle possessed a gun found inside, but there are exceptions, and the presumption can be rebutted. For example, it does not apply when the gun is found on one person’s body. We look at where the gun was, who had access, and what each person said.

Does my out-of-state carry permit protect me in New York?

No. New York does not recognize pistol permits or carry licenses from other states. A legal gun owner from another state can face a felony charge for a handgun in the car while driving through Syracuse. If this happened to you, call a weapons attorney before you accept any plea offer.

Is criminal possession of a weapon 2nd degree a violent felony?

Yes. Criminal possession of a weapon in the second degree is a class C violent felony under New York law, even when no one was hurt and the gun was never fired. That label affects sentencing, bail eligibility, sealing and future gun rights.

Can a gun charge be sealed in New York?

It depends. A dismissed case is generally sealed. Most felony gun convictions are violent felonies, which are not eligible for sealing under CPL 160.59. The Clean Slate Act may automatically seal some older convictions after a waiting period. Ask us to review your specific charge.

Do I need a lawyer for a first-time gun charge?

Yes. Even a first-time gun charge can carry a mandatory prison sentence and a lifetime gun ban. A first offense is often the best chance to fight for dismissal, suppression or a reduced charge. Call Cambareri & Brenneck at 315-424-8326 for a free consultation with a former prosecutor.

Reviewed by Scott A. Brenneck, former Onondaga County Assistant District Attorney (Felony Trial Unit). Last updated October 2026.

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