How Many Years Can You Get for Second-Degree Weapon Possession in New York?
In six completed New York City second-degree weapon-possession cases reviewed for this guide, directly attributable prison terms ranged from 3.5 to 11.5 years. The conduct varied from possession discovered during a vehicle stop to possession connected with a shooting, so the figures are examples rather than a citywide average.
Quick Answer
- Cases reviewed: 6 completed cases
- Lowest observed term: 3.5 years
- Highest observed term: 11.5 years
- Locations: Brooklyn, Queens, and the Bronx
- Classification: Class C violent felony
See the New York hub, compare first-degree assault outcomes, and review our methodology.
What Is Second-Degree Criminal Possession of a Weapon?
New York Penal Law §265.03 defines several forms of second-degree criminal possession of a weapon, including possessing a loaded firearm with intent to use it unlawfully and possessing a loaded firearm outside the person’s home or business, subject to the statute’s exact terms and exceptions. It is a class C violent felony.
Statutory Sentence
For a first-time violent felony offender, Penal Law §70.02 generally sets a determinate range of 3.5 to 15 years for a class C violent felony, plus post-release supervision. Prior convictions and the applicable subsection can change the rules. The range is statutory; the table reports selected observed outcomes.
Observed Case Outcomes
| Case | Context | Disposition | Sentence |
|---|---|---|---|
| Sebastian Telfair | Loaded firearm recovered from vehicle in Clinton Hill | One count, jury conviction | 3.5 years |
| Tyrell Livingston | Multiple loaded firearms recovered from vehicle in the Bronx | Guilty plea | 4 years |
| Charles Foehner | Unlicensed firearms and assault weapons in Kew Gardens apartment | Guilty plea | 4 years |
| Jeovanie Nelson | Weapon-possession plea in Brownsville shooting case | Guilty plea | 5 years |
| Jerome Noble | Weapon-possession and conspiracy plea in Brooklyn gang case | Guilty plea | 5 years |
| Mark Gibbs | Weapon possession connected to Jamaica street shooting | Guilty plea | 11.5 years |
Case Details
Sebastian Telfair: A jury convicted Telfair of one count after a loaded handgun was recovered from his vehicle. He received three and a half years. Official source.
Tyrell Livingston: Livingston pleaded guilty after officers recovered several firearms from his vehicle in the Bronx. He received four years. Official source.
Charles Foehner: Foehner pleaded guilty after an investigation found an arsenal including assault weapons in his Kew Gardens apartment. He received four years. Official source.
Jeovanie Nelson: Nelson pleaded guilty to second-degree weapon possession in connection with a Brownsville shooting case and received five years. Official source.
Jerome Noble: Noble pleaded guilty to fourth-degree conspiracy and second-degree weapon possession in a Brooklyn gang prosecution and received five years. Official source.
Mark Gibbs: Gibbs pleaded guilty to second-degree weapon possession after a Jamaica street shootout that wounded an off-duty correction officer. He received 11.5 years. Official source.
Why Sentences Differ
The subsection, loaded status, location, intent, use of the firearm, criminal history, plea terms, and related conduct can affect the outcome. The highest example involved a shooting, while the lowest involved possession discovered during a traffic stop.
Methodology
We retained completed New York City cases with an explicit second-degree weapon-possession conviction and a final sentence directly attributable to the plea or count. Murder totals and other aggregate sentences were excluded.
Sources
Disclaimer
General information only, not legal advice. Weapon sentencing is fact- and history-specific.