Gun and weapon charges
A gun or weapon charge usually means the police say you had a firearm, or another weapon, without the license or permit the state requires. Each state has its own licensing law, so the same gun can be legal in one state and a serious charge in the next. Here is how each state treats the basic charge.
What the charge means
Most weapon cases are possession cases: the question is whether you had the weapon, knew it was there, and had the license the law requires. Guns found in a car, a bag or a shared home raise real questions about who possessed them. How the police found the weapon matters too.
Licensing rules in New York and New Jersey differ sharply from those in Florida and Pennsylvania. Do not rely on what is true in another state.
Court by court
New York
Criminal possession of a weapon in the fourth degree, which includes possessing any firearm, is a class A misdemeanor [1]. Other sections carry more serious grades depending on the weapon, whether it was loaded, and where; your lawyer reads the exact section charged.
New Jersey
Knowingly possessing a handgun without first obtaining a permit to carry it is a crime of the second degree [2].
Florida
A person who is neither licensed nor eligible for a concealed weapon license under the statute's criteria and carries a concealed firearm commits a felony of the third degree. The state must prove both that the person is not licensed and that the person is ineligible [3].
Pennsylvania
Carrying a firearm in a vehicle, or concealed on or about you outside your home or fixed place of business, without a valid license is a felony of the third degree. It is a misdemeanor of the first degree for a person otherwise eligible for a license who has committed no other criminal violation [4].
What to do now
- Do not answer questions about the weapon: whose it is, where it came from, or why you had it. Ask for a lawyer.
- Gather any license, permit or purchase papers for your lawyer.
- Do not talk about the case on jail calls, and do not post about it.
- If you are not a U.S. citizen, tell your lawyer before any plea is discussed. The firm's site myimmigrationplea.com covers what a plea can mean for an immigration case.
For the steps ahead in your court, use What happens next or the court pages for New York, New Jersey, Florida and Pennsylvania.
Common questions
I have a license in another state. Does that help?
Tell your lawyer right away and keep the license and any paperwork. Whether it matters depends on the state and the facts, so do not argue it with the police.
Should I tell the police where I got the gun?
Not without a lawyer. Questions about where a gun came from can lead to more charges, for you or someone else.
Sources
- N.Y. Penal Law § 265.01 (rev. 2024-11-29). Current as of November 11, 2026. Official text
- N.J.S.A. 2C:39-5(b)(1). Current as of November 12, 2026. Official text
- Fla. Stat. § 790.01(1), (3), (4) (2026). Current as of November 12, 2026. Official text
- 18 Pa.C.S. § 6106(a). Current as of November 12, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.