Your Syracuse Weapons Attorneys
A weapons charge can have a catastrophic lifetime impact. Cambareri & Brenneck, your criminal defense team, can help.
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OUR NATIONAL RECOGNITION
Syracuse Weapons Attorneys
Trust former prosecutors to handle your weapons cases.
Type Of Cases
What are the Penalties?
Weapons offenses in New York State are taken extremely seriously. Depending upon the exact nature of the charge, consequences can range from fines and probation to considerable jail time. More severe offenses, such as criminal use of a firearm, can potentially result in a felony conviction, with substantial repercussions on future employment, voting rights, and more.
Explore your legal options with an experienced and knowledgeable former prosecutor before a plea deal is entered. We take all situations into consideration to get you the best results.
Non-Resident Licenses?
For non-residents of New York State interested in carrying a firearm while within its jurisdiction, obtaining a non-resident permit is crucial. New York does not recognize permits from other states, making it essential for non-residents to follow the appropriate legal process to obtain a license.
At Cambareri & Brenneck we regularly examine whether or not:
- There have been rights violations against our client.
- Violation of search and seizure laws.
- There are misconduct issues.
- There are pieces of evidence that should be suppressed.
- There have been chain-of-evidence issues.
- There are witnesses (or other evidence) that dispute the state's version of events.
Non-Resident Licenses?
For non-residents of New York State interested in carrying a firearm while within its jurisdiction, obtaining a non-resident permit is crucial. New York does not recognize permits from other states, making it essential for non-residents to follow the appropriate legal process to obtain a license.
Understanding Weapons Charges in Syracuse
Understanding Weapons Charges in Syracuse
The most common DWAI drugs charges:
Criminal Possession of a Weapon
This involves unlawfully possessing a weapon in New York. The level of the offense varies depending on the specific type of weapon, the intent behind possessing it, and the accused’s criminal history.
Criminal Possession of a Firearm
Criminal possession of a firearm specifically targets the unauthorized possession of guns. Charges can be quite severe, varying from misdemeanors to felonies depending on the circumstances.
Criminal Use of a Firearm
This crime encompasses using a firearm during the commission of a felony, or merely possessing a firearm while committing a felony. The severity of the charges can escalate quickly due to the involvement of a firearm in a crime.
Large-Capacity Feeding Device
In New York State, possessing a large-capacity ammunition feeding device is considered illegal. This is a serious offense and can lead to substantial penalties if convicted
ERPO
An Extreme Risk Protection Order (ERPO) is a court order issued when a person is deemed to pose a significant risk of causing bodily harm to themselves or others by purchasing, possessing, or receiving a firearm. Violating an ERPO can result in severe penalties.
Pistol Permit
In New York, you must have a pistol permit to own or carry a pistol. Navigating the application process can be complex, but a knowledgeable attorney can help you understand your rights and the requirements.
Ghost Guns
Ghost Guns refer to firearms that are made at home and lack the usual serial numbers found on commercial guns making them difficult to trace. Possession or manufacture of ghost guns can carry serious criminal penalties in New York State.
MEET THE TEAM
Your Criminal Defense ATTORNEYS
Cambareri & Brenneck is a firm founded by and comprised of former prosecutors. Because our attorneys have experience on both sides of the courtroom, our clients can trust that their case will be effectively navigated through the criminal justice system. Every viable avenue toward a positive outcome will be exhaustively pursued.
Steve Cambareri
Partner, Attorney
Scott A. Brenneck
Partner, Attorney
(Ret.) Judge John
Special Counsel
Melissa K. Swartz
Attorney
Joe Centra, Esq.
Attorney
Michele Previte
Office Manager
Jess Edwards
Administrative Assistant
Michele Previte
Office Manager
Jess Edwards
Administrative Assistant
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Our honest, transparent approach to criminal defense helps us better protect our clients' best interests.
Former Prosecutors. Proven Defense.
With 75+ years of collective experience, we leverage our insight to benefit our clients.
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We are available 24/7 to help you with the personal, private, and professional consequences associated with your situation.
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FAQS
Frequently Asked Questions
What are the most common weapons charges in New York?
The most common weapons charges in New York include criminal possession of a weapon, criminal possession of a firearm, criminal use of a firearm, possession of a large-capacity feeding device, ghost gun offenses, and pistol permit violations. New York has some of the strictest weapons laws in the country, and even charges that seem minor can carry felony-level consequences. If you’ve been charged in Syracuse or Upstate New York, contact Cambareri & Brenneck immediately.
What are the penalties for a weapons charge in New York?
Penalties range from fines and probation to substantial state prison time depending on the specific offense. Criminal possession of a weapon in the second degree, for example, is a Class C violent felony carrying a mandatory minimum sentence. A felony weapons conviction can also cost you your employment, your voting rights, and your ability to legally possess firearms for the rest of your life. The stakes make experienced representation essential.
Will my out-of-state pistol permit protect me in New York?
No. New York does not recognize concealed carry permits or pistol permits issued by other states. If you carry a firearm in New York with only an out-of-state permit, you can face serious criminal possession charges — even if you are legally licensed where you live. Non-residents who wish to carry in New York must obtain the appropriate New York license. If you’ve been charged after traveling through the state, contact a Syracuse weapons attorney right away.
Can I be charged for a weapon that wasn't mine in New York?
Yes. New York law allows for “constructive possession,” meaning you can be charged for a weapon found in a vehicle, home, or shared space even if it wasn’t physically on you. There is also a statutory presumption that a firearm found in a vehicle is possessed by all occupants. These presumptions can be challenged — our attorneys examine who actually had knowledge and control of the weapon to fight these charges.
What are New York's laws on large-capacity magazines and feeding devices?
Under the New York SAFE Act, possession of a large-capacity ammunition feeding device — generally one capable of holding more than ten rounds — is a criminal offense, with limited exceptions. Many gun owners are unaware that magazines legal in other states are prohibited in New York. These charges frequently arise alongside other weapons offenses and require an attorney familiar with the nuances of New York firearms law.
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