WEAPONS POSSESSION

Weapons Possession

Criminal Possession of a Weapon


There are many questions about the legality of possessing a weapon. The Law Office of Michael D. Litman, PLLC can clear up all these questions and more. We will also be on your side if you’re charged with a weapons crime. 

There are varying degrees of felony and misdemeanor charges for weapons possession. If you’re charged, your specific offense will fall into one of these categories. We can create a defense for you based on what you’re charged with so you’ll get the best result. If you need our help getting out of a weapons charge, contact the Law Office of Michael D. Litman for a consultation. 

Weapons Charge Specifics:

Criminal possession of a weapon (CPW): The severity of a CPW charge can depend on the type of weapon, the prior criminal history of the defendant, and if the weapon is a loaded and operable gun. The general provisions of the most commonly charged weapon possession crimes are: 
  • 265.01 – Criminal possession of a weapon in the fourth degree (A misdemeanor) – A person commits CPW 4th when he or she possesses a certain type of weapon, including (but not limited to) a firearm, stun gun, gravity knife (opened by using gravity or centrifugal force) or switchblade knife. 
  • 265.02 – Criminal possession of a weapon in the third degree (D felony) – A person commits CPW 3rd when he or she possesses one of the weapons listed in CPW 4th above, and has been previously convicted of any crime; or possesses a certain type of firearm.
  • 265.03 – Criminal possession of a weapon in the second degree (C felony) – a person commits CPW 2nd when he or she possesses a certain type of firearm with the intent to use it unlawfully against another person, possesses five or more firearms, or possesses a loaded firearm.  
  • 265.04 – Criminal possession of a weapon in the first degree (B felony) – A person commits CPW 1st when such person possesses any explosive substance with intent to use the same unlawfully against the person or property of another, or possesses ten or more firearms. 
  • 265.09 – Criminal use of a firearm in the first degree (B felony) – A person commits criminal use of a firearm in the 1st degree when he or she commits any class B violent felony offense and either: possesses a loaded deadly weapon, or displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
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