There are two main weapons offenses in New York: Criminal Possession of a Weapon and Criminal Use of a Firearm.
Criminal Use of a Firearm involves showing or using a gun in the commission of a crime.
Second Degree Criminal Use of a Firearm
You could be charged with criminal use of a firearm in the 2nd degree if it’s believed you committed a class C violent felony offense, and:
- Possessed a deadly weapon, or
- Displayed a pistol, rifle, shotgun, revolver, machine gun, or other firearm.
This offense is considered a
C Violent Felonycharge and can carry up to 15 years in prison
First Degree Criminal Use of a Firearm
Criminal use of a firearm in the 1st degree involves committing any class B violent felony while:
- Possessing a deadly weapon, or
- Displaying a pistol, rifle, shotgun, revolver, machine gun, or other firearm.
This crime is classified as a
B violent felonyand carries up to 25 years in prison.
Ref: §265.08-.09