Criminal Possession of a Weapon

Article 265 of the NYS Penal Law defines dangerous weapons and firearms and identifies the different elements for misdemeanor and felony possession. Each of the 50 States has different laws governing lawful and unlawful possession of a weapon. Awareness of the laws of another State are essential if traveling across State borders while in possession of a firearm in order to avoid being charged with a crime. It is not uncommon for travelers at any of the 3 major airports in the New York City area to encounter personal baggage and luggage security checks. Individuals carrying firearms or ammunition (or any other weapon) will be subject to the laws of the States of New York and New Jersey, not those of their home state, and may be issued a summons or arrested.

Typically, arrests for possession of a weapon involve searches and seizures and are the result of ongoing police surveillance and investigations. Law enforcement officers will utilize investigative techniques impacting Federal and State Constitutional rights under the 4th Amendment to effectuate an arrest. Most individuals charged with possession of a weapon will not know whether or not their right to be free from an unlawful search and seizure has been violated. As a former prosecutor assigned to the Narcotics Investigations Bureau at the Queens County District Attorney’s Office, Stanford Bandelli is experienced in evaluating the legality of police actions. Mr. Bandelli has drafted numerous applications for search warrants and eavesdropping warrants and has firsthand familiarity with the legal requirements necessary to establish probable cause for a search or an arrest involving a weapons crime.

A conviction for possession of a weapon will result in a criminal record. It will impact future educational & employment opportunities and may result in substantial jail time. As a criminal defense attorney, Stanford Bandelli has an established record of success in protecting his clients and minimizing their exposure.