Possession or Use of a Machine Gun Lawyer Essex County — What Are Your Defenses?

A possession or use of a machine gun lawyer Essex County is critical because New York classifies these as Class D violent felonies under NY Penal Law § 265.02, carrying a mandatory minimum of 3.5 years in state prison. Law Offices Of SRIS, P.C. provides defense for these severe charges in Essex County Supreme Court.

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New York Law on Machine Guns and Automatic Weapons

New York has some of the nation’s strictest laws against machine guns and other automatic weapons. The primary statute is NY Penal Law § 265.02, which makes criminal possession of a weapon in the third degree a Class D violent felony. This charge applies to possessing any “machine-gun” or “firearm, silencer or assault weapon” after having been convicted of any crime. A separate statute, NY Penal Law § 265.04, addresses criminal possession of a weapon in the first degree, which can be charged for possessing ten or more firearms.

Last verified: April 2026 | Essex County Supreme Court | New York State Legislature

Under New York law, a “machine-gun” is defined as a weapon of any description that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. This includes the frame or receiver of any such weapon, any part designed and intended solely for use in converting a weapon into a machine-gun, and any combination of parts designed and intended for use in assembling a machine-gun. The law’s broad definition means that even parts or conversion kits can lead to charges.

Official Legal Resources

For the official text of New York’s weapon possession laws, you can review NY Penal Law § 265.02 (official New York State Senate). For procedures in Essex County, refer to the Essex County Supreme Court website.

Local Defense Strategy in Essex County

Defending against a machine gun charge in Essex County requires a precise strategy. The Supreme Court handles these felony cases. Prosecutors in the 4th Judicial District treat these charges with extreme seriousness due to their violent felony classification. A strong defense often hinges on challenging the legality of the search that discovered the weapon, arguing a lack of knowledge or intent to possess, or questioning whether the item meets the strict legal definition of a machine gun.

Initial Arraignment: You will be arraigned in Essex County Supreme Court. The judge will review the charges and decide on bail or release conditions.
Pre-Trial Motions: Your attorney will file motions, potentially to suppress evidence obtained from an illegal search or to dismiss charges based on insufficient evidence.
Discovery & Investigation: The prosecution must share its evidence. Your defense team will conduct its own investigation, which may involve examining the firearm with a ballistics experienced.
Plea Negotiations: Given the severe penalties, your lawyer will negotiate with the District Attorney’s office for a possible reduction to a lesser charge.
Trial Preparation: If no acceptable plea is offered, your case will proceed to trial before a jury in Supreme Court, where the burden is on the state to prove guilt beyond a reasonable doubt.
Sentencing: If convicted, sentencing will follow, where arguments can be made for the minimum allowable sentence under the law.

Potential Penalties for Machine Gun Charges

In Essex County, possession or use of a machine gun is a Class D violent felony with a mandatory state prison sentence.

Offense	Classification	Incarceration	Fine	License Impact	Additional Consequences
Criminal Possession of a Weapon 3rd (Machine Gun)	Class D Violent Felony	Mandatory min. 3.5 years, max. 7 years in state prison	Up to $5,000	Permanent loss of firearm license	Felony record, strict parole, prohibition on future firearm ownership
Criminal Possession of a Weapon 1st (10+ firearms)	Class B Violent Felony	Mandatory min. 5 years, max. 25 years in state prison	Up to $30,000	Permanent loss of firearm license	Felony record, lengthy parole, permanent prohibition

Results may vary. Prior results do not guarantee a similar outcome.

Why Choose Our Firm for Your Defense

Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and a history of more than firm-wide 4,739 case results, our firm brings substantial resources to every case. We understand that a machine gun charge can alter your life, and we build defenses focused on the specific facts and evidence in your Essex County case.

Mr. Sris
Managing Attorney
Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York
A former prosecutor and founder of the firm, Mr. Sris leads our criminal defense practice. His insight into both sides of the courtroom provides a strategic advantage in building defenses against serious felony weapon charges.

Case Results and Client Advocacy

Our firm has a documented record of achieving favorable outcomes in criminal cases. While results are specific to each case’s facts, our approach is thorough and aggressive. We examine every detail, from the initial police stop to the forensic analysis of the alleged weapon. For a possession or use of a machine gun lawyer Essex County residents can rely on, our team is prepared to defend you.

Results may vary. Prior results do not guarantee a similar outcome.

Contact a Machine Gun Charge Defense Lawyer Serving Essex County

If you are under investigation or have been charged, immediate action is necessary. Our New York location serves clients at Essex County courts. We are accessible via I-87 and other major routes for those in Elizabethtown, Lake Placid, Ticonderoga, Keene, Wilmington, and surrounding North Country communities.

Looking for a machine gun possession lawyer Essex County or an automatic weapon charge defense lawyer Essex County? We offer 24/7 phone consultations.

Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
Toll-Free: (888) 437-7747 | Local: (838) 292-0003
24/7 phone consultations — meetings by appointment only.

FAQs: Machine Gun Charges in New York

What is considered a machine gun under New York law?

Yes. New York law defines a machine gun broadly as any weapon that can fire more than one shot automatically with a single trigger pull, including conversion kits or parts designed for that purpose.

Is possession of a machine gun always a felony in NY?

Yes. Criminal possession of a machine gun is a Class D violent felony under NY Penal Law § 265.02, carrying a mandatory state prison sentence.

Can I argue I didn’t know the weapon was automatic?

It depends. Knowledge and intent are key elements the prosecution must prove. A defense can argue you lacked awareness of the weapon’s automatic capability, but success hinges on the specific evidence and circumstances of your case.

What should I do if I’m arrested for a machine gun charge?

Do not speak to law enforcement without an attorney. Invoke your right to remain silent and your right to a lawyer. Contact a criminal defense attorney as early as possible to begin building your defense.

Are there any defenses to a machine gun possession charge?

Potential defenses include challenging the legality of the search (Fourth Amendment), arguing the item does not meet the legal definition, lack of possession or knowledge, or issues with the chain of custody of the evidence.

Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.