Gun possession laws in New York are among the strictest in the country, particularly when it comes to firearms found in vehicles. If you're driving through Brooklyn or anywhere in New York State with a gun in your car, even a simple misunderstanding of the law can lead to felony charges, arrest, and serious legal consequences.
At Uriel Law in Brooklyn, we’ve defended countless individuals facing weapons charges, many of whom were caught off guard by how harsh and unforgiving New York’s gun laws can be. This blog answers a crucial question for anyone traveling by car: Can you be charged for having a gun in your car in New York? The answer is yes, and very easily, if you’re not in full compliance with the state’s licensing and transportation rules.
New York’s Strict Firearm Possession Laws
In New York, simply possessing a firearm without the proper license is a crime. Unlike many other states, New York does not allow permitless carry or transport of handguns in vehicles, even if the weapon is unloaded and locked away. The law applies statewide and is strictly enforced in New York City, where additional local restrictions apply.
If you do not have a valid New York State pistol permit, and especially if you are traveling from another state with different rules, you risk arrest for criminal possession of a weapon, which is often charged as a felony.
When Having a Gun in Your Car Is Illegal
You can be charged for unlawful gun possession in your vehicle in New York if:
- You do not have a valid New York State pistol license (permits from other states are not recognized)
- The firearm is not properly secured or stored (even with a license, there are strict rules about locking and separating ammunition)
- You are transporting the firearm through New York without compliance with federal laws that protect interstate travel under narrow circumstances
Even transporting a legally owned firearm into the state for a brief visit can result in arrest if you don’t follow every regulation precisely. New York has prosecuted out-of-state residents, many with no criminal history, for guns they lawfully own in their home states but failed to store or declare properly upon entering New York.
What About Federal Protections for Gun Transport?
Some gun owners rely on the federal Firearm Owners Protection Act (FOPA), which permits the lawful transport of firearms from one legal location to another, provided the firearm is unloaded, locked in a hard case, and stored out of reach with ammunition kept separately.
However, FOPA offers very limited protection and has not consistently prevented prosecution under New York law. New York authorities have successfully argued that a traveler did not meet all the required conditions, leading to charges, even for brief layovers or stops in the state.
Penalties for Gun Possession in a Vehicle
Unlawful possession of a loaded firearm in a vehicle, especially in New York City, is a Class C felony punishable by up to 15 years in prison, with a mandatory minimum of 3.5 years for a loaded handgun. Even if the gun is unloaded, the charge can be a Class E felony, which still carries up to 4 years in prison.
In addition to prison time, a conviction can lead to:
- A permanent criminal record
- Loss of your right to own firearms in the future
- Difficulty securing employment or professional licenses
Defending Against Weapons Charges
At Uriel Law, we know that not every weapons arrest results from criminal intent. Many of our clients were simply unaware of New York’s complex laws or were traveling through the state with no intention of violating the law. If you’ve been arrested for having a firearm in your car, potential defenses may include:
- Unlawful search and seizure: If police found the gun during an illegal search, the evidence may be suppressed.
- Lack of knowledge: If the firearm belonged to someone else and you did not know it was in the vehicle, this may be a viable defense.
- Improper police procedures: Flaws in the arrest or chain of custody can sometimes weaken the prosecution’s case.
- Federal protection (FOPA) defense: If strict conditions are met, a narrow federal defense may apply.
Every case is different, and the outcome depends heavily on the details. That’s why it’s essential to speak with a qualified criminal defense attorney as soon as possible after an arrest.
What to Do If You're Pulled Over With a Firearm
If you’re stopped by police and have a gun in your car:
- Do not reach for the weapon or its container
- Keep your hands visible at all times
- Inform the officer respectfully if there is a firearm present
- Follow all instructions without sudden movements
It’s always best to consult an attorney before discussing the circumstances of your possession. Voluntarily disclosing a firearm can help de-escalate the situation, but anything you say may also be used against you later in court.
Call Uriel Law Today if You Are Facing a Gun Charge
New York’s gun laws are unforgiving, and even honest mistakes can lead to felony charges. If you’re accused of having a gun in your vehicle in Brooklyn or anywhere in New York, don’t take chances. A conviction can affect every part of your life, from your freedom to your future job prospects.
At Uriel Law, we aggressively defend those facing weapons charges and fight to protect your rights, your record, and your freedom. We’ll review your case, challenge the prosecution’s evidence, and work toward the best possible outcome.
If you’ve been charged with illegal gun possession or have questions about transporting firearms legally in New York, contact us today for a free consultation. The sooner you act, the stronger your defense can be.
