New York PL § 265.01-d Criminal Possession of a weapon in a restricted location
1. A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent.
2. This section shall not apply to:
(a) police officers as defined in section 1.20 of the criminal procedure law;
(b) persons who are designated peace officers as defined in section 2.10 of the criminal procedure law;
(c) qualified law enforcement officers who are authorized to carry concealed firearms pursuant to 18 U.S.C. 926B, or qualified retired law enforcement officers who are authorized to carry concealed firearms pursuant to 18 U.S.C. 926C;
(d) security guards as defined by and registered under article seven-A of the general business law who has been granted a special armed registration card, while at the location of their employment and during their work hours as such a security guard;
(e) active-duty military personnel;
(f) persons licensed under paragraph (c), (d) or (e) of subdivision two of section 400.00 of this chapter while in the course of his or her official duties;
(g) persons while lawfully engaged in taking of wildlife or attempts to take wildlife pursuant to a hunting permit or license issued by the department of environmental conservation, or as otherwise authorized pursuant to section 11-0707 and 11-0709 of the environmental conservation law; or
(h) persons, while acting in the scope of their official duties, who are employed in the revenue control and security departments of the metropolitan transportation authority, or the New York city transit authority or an affiliate or subsidiary thereof, who are authorized to carry a firearm as part of their employment.
Criminal possession of a weapon in a restricted location is a class E felony.
In New York, possession of a firearm without a New York permit can violate a number of laws including this one. In 2024, this section – criminal possession of a weapon in a restricted location – was enacted to give police and prosecutors additional tools to go after illegal guns. For example, if a person has a pistol in New York at a security checkpoint but doesn’t have a New York permit, they could be charged with violating this section, criminal possession of a weapon in a restricted location, and additional other charges.
Criminal Possession of a Weapon in a Restricted Location Penalties
- Up to 4 years in prison
- Permanent criminal record
- Employment, immigration, and travel consequences
- Enhanced sentencing if priors
Criminal Possession of a Weapon in a Restricted Location Defense
Lance Fletcher, a former Manhattan prosecutor with over 20 years of experience, has extensive experience defending gun owners from serious charges throughout New York City courts including in Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. Contact us before your upcoming court date to discuss possible defenses to criminal possession of a weapon and ways to get the case dismissed or get the charges reduced. Can you get your case resolved without a trial? Does the prosecutor have enough evidence to get a conviction? Contact us today to discuss your NYC gun case.