Possession or Use of a Machine Gun Lawyer Warren County, NY
A charge for the possession or use of a machine gun in Warren County is a serious felony under New York Penal Law § 265.02, carrying a mandatory minimum prison sentence. Law Offices Of SRIS, P.C. provides a strong defense for these federal and state charges. Our firm, founded in 1997, has over 120 years of combined legal experience.
New York Law on Machine Guns
New York has some of the strictest firearm laws in the nation. The possession, use, or sale of a machine gun is heavily penalized. A machine gun is defined under both state and federal law as any weapon 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.
Last verified: April 2026 | Warren County Supreme Court | New York State Legislature
In New York, the primary statute is Penal Law § 265.02, which makes criminal possession of a weapon in the third degree a Class D felony. This includes possessing any machine-gun, firearm, rifle, or shotgun that has been defaced. More severe charges apply under PL § 265.04 for criminal possession of a weapon in the first degree, a Class B violent felony, which includes possessing ten or more firearms. Federal law under the National Firearms Act (NFA), 26 U.S.C. § 5845(b), also strictly regulates machine guns, and violations can lead to prosecution in U.S. District Court.
Official Legal Resources
For the full text of New York’s weapon possession laws, refer to the New York Penal Law (official NY Senate site). For information on court procedures in Warren County, visit the Warren County Supreme Court website.
Defending Machine Gun Charges in Warren County
Defending against a machine gun charge requires immediate and skilled legal action. These cases often involve both state and federal authorities, including the ATF. In Warren County, prosecutors in the Supreme Court Criminal Term pursue these felonies aggressively. A key defense strategy often involves challenging the legality of the search and seizure that led to the discovery of the weapon. If law enforcement violated your Fourth Amendment rights, the evidence may be suppressed.
- Do not speak to law enforcement or investigators without your attorney present.
- Contact a criminal defense firm with experience in federal and state firearm laws as early as possible.
- Your attorney will secure all evidence, including the firearm, for independent examination.
- We will file pre-trial motions to challenge the search, seizure, and any statements you may have made.
- We will negotiate with the District Attorney’s office, seeking a reduction or dismissal of charges where possible.
- If necessary, we will prepare a vigorous defense for trial in Warren County Supreme Court or federal court.
Potential Penalties for Machine Gun Possession
In Warren County, possession or use of a machine gun is typically charged as a Class D or Class B violent felony, carrying mandatory state prison time and significant fines.
| Charge (NY Penal Law) | Classification | Incarceration | Fine | Other Consequences |
|---|---|---|---|---|
| Criminal Possession of a Weapon 3rd (Machine Gun) | Class D Felony | Mandatory minimum state prison | Up to $5,000 | Federal charges likely; permanent felony record |
| Criminal Possession of a Weapon 1st (10+ firearms) | Class B Violent Felony | 5 to 25 years state prison | Up to $30,000 | Mandatory post-release supervision; loss of firearm rights |
| Federal NFA Violation (26 U.S.C. § 5861) | Federal Felony | Up to 10 years federal prison | Up to $10,000 | Forfeiture of weapon; federal felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience with Firearm Charges
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm’s tagline, “Advocacy Without Borders,” reflects our commitment to defending clients across legal boundaries, including intricate state and federal weapon laws. We have a deep understanding of the technical definitions and legal standards that apply to charges for automatic weapons. Our team approaches each case with the precision required to dissect the prosecution’s evidence and protect your rights.
Case Results in Warren County
Our firm has a documented record of achieving favorable outcomes for clients in Warren County. In criminal defense matters locally, we have secured 5 documented results with a 100% favorable outcome rate (5 reduced/amended). While every case is unique, this history demonstrates our active engagement and understanding of the local court system. We apply this experience directly to defending serious charges like possession or use of a machine gun.
Results may vary. Prior results do not guarantee a similar outcome.
Machine Gun Charge Defense in Warren County, NY
Our New York location serves clients facing charges in Warren County courts, including Lake George, Glens Falls, and Queensbury. If you need a machine gun possession lawyer Warren County, we are accessible for consultations.
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.
FAQs: Machine Gun Charges in New York
Is owning a machine gun ever legal in New York?
No, for private citizens, it is virtually impossible to legally possess a machine gun in New York. While federal law allows possession of NFA-registered machine guns manufactured before May 19, 1986, New York state law effectively prohibits civilian possession regardless of federal registration, making state prosecution likely.
What is the difference between state and federal charges for a machine gun?
It depends. You can be charged under both. State charges (NY Penal Law) are prosecuted in county court like Warren County Supreme Court and focus on possession/use. Federal charges (National Firearms Act) are prosecuted in U.S. District Court and focus on the illegal transfer, registration, and making of the weapon. Federal penalties are severe and include lengthy prison sentences in federal facilities.
Can a semi-automatic rifle be considered a machine gun?
Yes, if it is modified with a device like a “bump stock” or auto-sear to fire more than one shot with a single trigger pull, it may be classified as a machine gun under the law. Prosecutors and the ATF aggressively pursue charges for illegally modified weapons. An automatic weapon charge defense lawyer Warren County can examine the firearm to contest this classification.
What should I do if I’m arrested for possessing a machine gun?
First, remain silent and ask for a lawyer immediately. Do not answer questions. Second, contact a criminal defense firm experienced in firearm laws, like SRIS, P.C., as soon as possible. The immediate steps your attorney takes to secure evidence and challenge the arrest can significantly impact the outcome of your case.
What are the defenses to a machine gun possession charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing the weapon does not meet the legal definition of a machine gun, lack of knowledge or possession (constructive possession), and entrapment. A possession or use of a machine gun lawyer Warren County will identify the strongest defense based on your case’s specific facts.
For more information on related legal issues, see our pages on federal criminal defense in Warren County and New York criminal defense. We also assist clients in nearby areas like Albany County.
Page Last verified: April 2026. Laws change frequently. For the most current advice regarding a possession or use of a machine gun charge, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Warren County is one part of a statewide practice, and our page on possession or use of a machine gun lawyer Virginia covers the process from start to finish.
If your case reaches beyond Warren County, our page on possession or use of a machine gun cases across Fairfax sets out what to look for at each stage.
Your case in Warren County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Warren County that is the Superior Court of NJ, Warren Vicinage (13th Vicinage), 413 Second Street, Belvidere, NJ 07823, telephone (908) 475-6100, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Warren County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Warren County NJ lawyers directory · Possession or Use of a Machine Gun Lawyer Bergen County, NJ · Possession or Use of a Machine Gun Lawyer Hudson County, NJ · Monmouth County NJ Possession or Use of a Machine Gun Lawyer.