FIREARM CHARGES

Understanding Firearm Charges

Firearm charges in New York cover a wide array of offenses, each with its own set of legal ramifications. Depending on the nature of the charge, you could be facing anything from a misdemeanor to a serious felony. Some common types of firearm charges we defend include:

• Unlawful Possession: New York law requires individuals to have specific permits and licenses to possess a firearm legally. If you are found with a firearm and do not have the required documentation, you may be charged with unlawful possession, which can result in fines and incarceration.
• Possession of an Unregistered Firearm: Failing to register a firearm as required by law can lead to severe penalties, especially if the firearm in question is classified as an assault weapon or has other restrictions under New York law.
• Carrying a Concealed Weapon: Carrying a concealed firearm without the proper license or permit is a serious offense in New York. This charge often leads to felony prosecution, particularly if the weapon was carried with intent to use it unlawfully.
• Illegal Sale or Distribution: Selling or distributing firearms without the necessary federal and state licenses can result in harsh criminal charges. This includes selling firearms to individuals who are prohibited by law from owning them, such as convicted felons or minors.
• Use of a Firearm in a Crime: If a firearm is used during the commission of another crime, such as robbery, assault, or drug trafficking, the penalties become even more severe. In these cases, firearm charges are often added to the underlying offense, leading to longer prison sentences and additional fines.
• Possession of a Loaded Firearm: In New York, possessing a loaded firearm outside your home or business without a permit is a felony. The law takes into account whether the weapon was accessible and ready for use, which could dramatically impact the severity of the charges.

In addition to state laws, federal firearm regulations can also play a role in your case. Federal firearm offenses include violations of the Gun Control Act and the National Firearms Act. These federal laws govern the purchase, possession, and transfer of firearms across state lines and place significant restrictions on specific categories of firearms, such as machine guns and silencers. Convictions for federal firearm offenses can result in long prison sentences and significant fines.

Potential Legal Consequences

Firearm charges come with life-altering consequences that extend far beyond fines and jail time. Convictions can lead to the loss of your right to own or possess firearms, a permanent criminal record, and the inability to obtain certain professional licenses or certifications. Depending on the severity of the offense, you could face:

• Incarceration: Many firearm offenses carry mandatory minimum sentences. For example, using a firearm in the commission of a felony often results in substantial prison time, with sentences that may range from several years to life.
• Substantial Fines: Fines for firearm offenses can reach tens of thousands of dollars, particularly for felony convictions or offenses involving illegal sales or distribution.
• Loss of Firearm Rights: Convicted individuals often lose the legal right to own or possess firearms, which can be a lifelong restriction depending on the charges.
• Employment and Housing Challenges: A firearm-related conviction can severely limit your employment prospects, especially in fields that require security clearances or background checks. It may also hinder your ability to secure housing, as many landlords refuse to rent to individuals with criminal records.
• Loss of Professional Licenses: A conviction can lead to the revocation or suspension of professional licenses, particularly in industries that involve public safety or law enforcement.

Given the high stakes, it is crucial to have an experienced legal team that can mount an effective defense to protect your rights and minimize the impact on your future.

Strategic Defense Approach

At Ladis & Baldwin Law Group, PLLC, we understand that every firearm case is different. We take a personalized approach to each case, conducting a thorough investigation into the facts and circumstances surrounding your charges. Our attorneys examine every detail, from the legality of the police search and seizure to whether law enforcement followed proper procedures during the arrest. In many cases, violations of your constitutional rights, such as unlawful searches, can lead to the dismissal of charges.

Key elements of our investigation include:

• Analyzing Police Conduct: We scrutinize whether the arresting officers had probable cause for the search or seizure of your firearm. If they lacked a warrant or probable cause, we could argue for the suppression of evidence, which could lead to reduced charges or dismissal.
• Reviewing Permits and Licenses: In some cases, firearm charges result from miscommunication or misunderstanding regarding firearm permits. We will assess whether you were lawfully in possession of the firearm under the correct license or permit.
• Challenging the Evidence: We closely examine the prosecution's evidence, including forensic reports, witness statements, and the weapon itself, to identify any weaknesses in their case. If the evidence was mishandled or obtained unlawfully, we will work to have it excluded from the trial.

Once we have thoroughly investigated your case, we develop a defense strategy tailored to your situation. Depending on the facts, we may pursue several legal strategies, including:

• Unlawful Search and Seizure: If your firearm was discovered during an unlawful search, we will argue for the exclusion of that evidence, which could weaken the prosecution's case significantly.
• Lack of Knowledge: In some cases, individuals may not have been aware they were in possession of a firearm, especially if the weapon was found in a shared vehicle or home. If you were unaware of the presence of the firearm, this could serve as a viable defense.
• Self-Defense: If you used the firearm to protect yourself or someone else from immediate harm, we may argue that your actions were justified under New York’s self-defense laws.
• Plea Bargaining: In some cases, it may be in your best interest to negotiate a plea deal that reduces the charges or penalties. We are experienced negotiators who can work with prosecutors to achieve the best possible outcome, often avoiding the most severe consequences of a trial.

Our attorneys are skilled in both negotiation and litigation. If taking your case to trial is the best option, we will aggressively advocate for you in court, presenting a well-prepared defense aimed at achieving an acquittal or reduced charges.

Comprehensive Legal Support

Facing firearm charges can be a confusing and overwhelming experience, but you do not have to navigate the legal system alone. At Ladis & Baldwin Law Group, PLLC, we are committed to providing clear and consistent communication throughout your case. We offer both in-person consultations at our Mineola office and remote services for clients across Nassau and Suffolk Counties, ensuring you have access to the legal support you need.

We believe that informed clients make the best decisions, and we take the time to explain every step of the legal process in detail. You can rely on us to keep you involved and up-to-date on your case, ensuring that you understand your options and the potential outcomes.



At Ladis & Baldwin Law Group, PLLC, we combine compassionate client support with aggressive courtroom advocacy. We know that firearm charges can have a significant emotional and personal impact on your life. Our attorneys are here to listen to your concerns, answer your questions, and provide you with the reassurance you need during this difficult time.

At the same time, we are fully committed to fighting for your rights in court. We bring a tenacious, strategic approach to every case, ensuring that the prosecution’s case is thoroughly challenged and that every possible defense is explored. Our ultimate goal is to secure the best possible outcome for you, whether that means reduced charges, a favorable plea deal, or an acquittal at trial.



Contact Us for Expert Representation

If you are facing firearm charges, it is critical to seek experienced legal representation as soon as possible. At Ladis & Baldwin Law Group, PLLC, we are ready to provide the knowledgeable defense and personalized attention you deserve. Contact us today to schedule a consultation, and let us help you protect your rights, your freedom, and your future.