Firearm by Felon Lawyer Orange County — Defending Prohibited Persons
A firearm by felon charge in Orange County, New York, is a serious felony under Penal Law § 265.01(4) and federal law 18 U.S.C. § 922(g). As a prohibited person, you face severe penalties, including mandatory prison time. A firearm by felon lawyer Orange County from Law Offices Of SRIS, P.C.
New York and Federal Law on Firearm Possession by a Prohibited Person
In New York, it is a crime for a person previously convicted of a felony or serious offense to possess any firearm. This is codified in New York Penal Law § 265.01(4), which makes criminal possession of a weapon in the fourth degree a Class A misdemeanor. However, if the firearm is operable and loaded, or if you have prior convictions, the charge escalates to a Class C or Class B felony under PL § 265.02 or PL § 265.03. Federally, 18 U.S.C. § 922(g) prohibits any person convicted of a crime punishable by more than one year in prison from possessing a firearm or ammunition. A conviction under this statute carries a maximum penalty of 15 years in federal prison.
Last verified: April 2026 | Orange County Criminal Court | New York State Legislature
Official Legal Resources
For the official text of New York’s criminal possession statutes, refer to the New York Penal Law § 265.01 (official New York State Senate). For federal law, see the U.S. Code § 922 (Cornell Legal Information Institute). Court procedures for Orange County can be found at the Orange County Supreme Court website.
Defense Strategy for a Prohibited Person Gun Charge in Orange County
Defending a prohibited person gun charge requires a detailed, case-specific approach. In Orange County, prosecutors vigorously pursue these cases. A key defense is challenging the legality of the search that discovered the firearm. If the police lacked probable cause or a valid warrant, the evidence may be suppressed. Another angle is contesting “possession”—proving you did not have dominion or control over the firearm. For a felon with firearm defense lawyer Orange County, exploring potential restoration of rights or addressing errors in the predicate conviction that establishes your prohibited status can also be critical.
- Immediate Consultation: Contact a firearm by felon lawyer Orange County immediately after arrest or charge. Do not speak to investigators.
- Evidence Review: Your attorney will obtain all discovery, including police reports, body cam footage, and forensic reports on the firearm.
- Motion to Suppress: If the search was unconstitutional, your lawyer will file a motion to suppress the firearm evidence, which can lead to dismissal.
- Negotiation or Trial: Based on the evidence, your attorney will negotiate for a reduction or dismissal, or prepare a strong defense for trial.
Potential Penalties for a Firearm by Felon Conviction
In Orange County, a firearm by felon conviction carries severe penalties, ranging from a misdemeanor with up to 1 year in jail to a Class B felony with up to 25 years in state prison, plus federal prosecution risks.
| Charge | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Criminal Possession of a Weapon 4th (PL § 265.01) | Class A Misdemeanor | Up to 1 year jail | Up to $1,000 | Permanent criminal record, loss of firearm rights |
| Criminal Possession of a Weapon 2nd (PL § 265.03) | Class B Felony | 5 to 25 years prison | Up to $5,000 | Mandatory prison, violent felony designation, federal charges possible |
| 18 U.S.C. § 922(g) (Federal) | Federal Felony | Up to 15 years prison | Up to $250,000 | Federal prison, no parole, supervised release |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Firearm Charge Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a 93%+ favorable outcome rate. We understand the high stakes of a prohibited person gun charge lawyer Orange County case and provide a defense built on thorough investigation and aggressive advocacy. Our “Advocacy Without Borders” approach means we fight relentlessly for your rights in both state and federal courts.
Case Results and Client Advocacy
In Orange County, our firm has documented results defending clients against serious weapon charges. While every case is unique, our approach focuses on achieving the best possible outcome, whether through dismissal, reduction of charges, or favorable trial verdicts.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Orange County Firearm Defense Lawyers
Our New York location serves clients in Orange County, including Goshen, Newburgh, and Middletown. We are accessible via I-87 and I-84. If you need a firearm by felon lawyer Orange County or a felon with firearm defense lawyer Orange County, we are here to help.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Firearm by Felon Defense FAQs
What makes someone a “prohibited person” under firearm laws?
Yes. Under federal law (18 U.S.C. § 922(g)) and New York law, a prohibited person includes anyone convicted of a felony, a domestic violence misdemeanor, subject to a restraining order, an unlawful user of controlled substances, or adjudicated as mentally defective. A prior felony conviction is the most common basis for a firearm by felon charge.
Can a felon ever legally own a gun in New York?
It depends. New York State does not have a formal process for restoring firearm rights to convicted felons. A felony conviction typically results in a lifetime prohibition. In extremely rare cases, a pardon from the Governor or a certificate of relief from disabilities may restore rights, but this is not guaranteed and requires experienced legal guidance from a prohibited person gun charge lawyer Orange County.
What is the difference between state and federal charges for a felon with a gun?
State charges are prosecuted under New York Penal Law in county courts like Orange County Criminal Court. Federal charges are prosecuted by the U.S. Attorney’s Office under 18 U.S.C. § 922(g) in U.S. District Court. Federal penalties are often more severe, with mandatory minimum sentences and no parole. A case can be prosecuted at both levels, making an attorney experienced in both systems essential.
What are common defenses to a firearm by felon charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing lack of possession or knowledge of the firearm, contesting the validity of the prior conviction that establishes prohibited status, and asserting that the firearm was not operable. A felon with firearm defense lawyer Orange County will investigate all possible defenses based on the specific facts of your case.
Should I talk to the police if I’m investigated for this charge?
No. You have the right to remain silent and the right to an attorney. You should politely decline to answer any questions and immediately request to speak with a firearm by felon lawyer Orange County. Anything you say can be used against you, even if you believe it is useful.