Firearm by Felon Lawyer Madison County — Defending Prohibited Persons
A firearm by felon charge in Madison County, New York, is a serious felony under Penal Law § 265.01-b, carrying a mandatory minimum sentence. As a prohibited person, your prior record is used to elevate the charge. Law Offices Of SRIS, P.C. provides a strong defense for individuals facing these allegations.
Last verified: April 2026 | Madison County Criminal Court | New York State Legislature
New York Law on Felons Possessing Firearms
New York Penal Law § 265.01-b, “Criminal possession of a weapon in the third degree,” makes it a Class D violent felony for any person previously convicted of any felony to possess any firearm. This is a strict liability offense for prohibited persons, meaning the prosecution does not need to prove you intended to possess it unlawfully—only that you possessed it and have a prior felony conviction. The statute is part of New York’s full firearm regulations found in Penal Law Article 265.
Potential Penalties for a Firearm by Felon Conviction
In Madison County, a conviction for a firearm by a felon as a Class D violent felony carries a mandatory minimum state prison sentence and significant long-term consequences.
| Offense | Classification | Incarceration | Fine | Post-Release Supervision |
|---|---|---|---|---|
| Criminal Possession of a Weapon 3rd (Prior Felon) | Class D Violent Felony | Mandatory Min: 2-7 years State Prison | Up to $5,000 | 5 years mandatory |
Beyond the prison term, a conviction results in a permanent felony record, loss of voting rights, and severe restrictions on future employment and housing. A prohibited person gun charge lawyer Madison County can work to mitigate these outcomes.
Results may vary. Prior results do not guarantee a similar outcome.
Our Defense Approach for Prohibited Persons
Our defense strategy for a felon with firearm defense lawyer Madison County focuses on several key areas:
- Suppress Illegally Obtained Evidence: File a motion to suppress if the firearm was found during an illegal search or seizure, violating your Fourth Amendment rights.
- Challenge “Possession”: Argue you did not have actual or constructive possession of the firearm. Was it in a common area? Did someone else claim ownership?
- Attack the Forensic Link: Scrutinize fingerprint, DNA, or other forensic evidence allegedly connecting you to the weapon.
- Negotiate for a Non-Felony Disposition: Seek to have the charge reduced to a non-felony offense or an Adjournment in Contemplation of Dismissal (ACD) where possible, especially for first-time firearm allegations post-felony.
- Prepare for Trial: If a fair plea is not offered, we are prepared to take the case to trial before a Madison County jury.
Why Choose Our Firm for Your Firearm Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our founder, a former prosecutor, understands how the state builds its cases. We have a documented record of achieving favorable outcomes for clients across multiple jurisdictions. For a firearm by felon charge, you need a team that meticulously examines every detail of the arrest and evidence.
Case Results and Client Advocacy
Our firm has a documented record of defending clients against serious charges. In Madison County and across New York, we work to protect our clients’ rights and futures. While every case is unique, our approach is consistently thorough and aggressive.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Madison County Firearm Defense Lawyers
Our New York location serves clients in Madison County, including Wampsville, Oneida, Canastota, Cazenovia, and Hamilton. We offer 24/7 phone consultations and meetings by appointment.
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.
FAQs: Firearm by Felon Charges in Madison County
Is possession of any gun illegal for a felon in New York?
Yes. Under NY Penal Law § 265.01-b, it is a Class D felony for any person with a prior felony conviction to possess any firearm, operable or not. This includes handguns, rifles, and shotguns.
What does “constructive possession” mean in a firearm case?
It depends. Constructive possession means you had the power and intention to control the firearm, even if it wasn’t on your person. For example, if a gun is found in a car you were driving or a home you control, prosecutors may argue you constructively possessed it. A felon with firearm defense lawyer Madison County can challenge this theory.
Can a felony firearm charge be reduced in Madison County?
It depends on the case facts, your history, and the evidence. While PL § 265.01-b has a mandatory minimum, negotiations may sometimes lead to a plea to a non-felony charge like attempted possession or a violation, avoiding state prison. Early intervention by a prohibited person gun charge lawyer Madison County is critical.
What should I do if I’m arrested for a firearm as a felon?
First, remain silent and ask for a lawyer immediately. Do not discuss the case with anyone. Contact a firearm by felon lawyer Madison County as soon as possible. The decisions made in the first hours after arrest can significantly impact your defense strategy and potential outcomes.
Related Practice Areas: If you are facing other charges, our firm also handles federal criminal cases and DUI defense in Madison County. For charges in nearby areas, see our pages for Manhattan criminal defense and Nassau County criminal defense.
Last verified: April 2026.