New York federal gun crimes lawyer

Federal firearm offenses can carry significant prison sentences, particularly when a gun is connected to another federal crime. Possessing or using a firearm during certain violent or drug-trafficking crimes may result in additional charges and prison time, with potential penalties increasing when a firearm is brandished or discharged or when certain weapons or devices are involved. Prior convictions can also significantly affect sentencing. Under the Armed Career Criminal Act, 18 U.S.C. § 924(e), qualifying defendants convicted of unlawful firearm possession who have three qualifying prior convictions can face a mandatory minimum 15-year federal prison sentence.

The circumstances surrounding the possession, search, seizure, and alleged use of the firearm can play an important role in defending against federal gun charges in New York. Potential defenses discussed on the page include lack of probable cause, an illegal search, entrapment, fabricated witness testimony, lack of knowing possession, and lawful authorization to possess the firearm. Federal firearm cases can therefore depend not only on the weapon itself, but also on who allegedly possessed it, how it was obtained or transferred, whether it was connected to another alleged crime, and how law enforcement obtained the evidence used to support the charge.

Where federal gun crimes charges are prosecuted in New York

Federal gun crimes in New York are prosecuted in the federal court system, with cases generally handled in one of the state’s four U.S. District Courts based on where the alleged offense occurred. New York City is a major court location for the U.S. District Court for the Southern District of New York, Brooklyn for the Eastern District of New York, Buffalo for the Western District of New York, and Syracuse for the Northern District of New York. All four federal judicial districts in New York fall within the jurisdiction of the U.S. Court of Appeals for the Second Circuit. The specific district and court location where a federal gun crimes case is prosecuted generally depends on where the alleged criminal conduct occurred and the counties served by that district.