Section 144 of the Penal Law sets a severe sentencing scale: acquisition or possession of a weapon without lawful authorization, up to 7 years of imprisonment; acquisition or possession of a part, accessory, or ammunition only, up to 3 years of imprisonment; carrying or transporting a weapon, up to 10 years of imprisonment.
The scale of weapons offenses in Section 144
Section 144 of the Penal Law sets a severe sentencing scale: acquisition or possession of a weapon without lawful authorization, up to 7 years of imprisonment; acquisition or possession of a part, accessory, or ammunition only, up to 3 years of imprisonment; carrying or transporting a weapon, up to 10 years of imprisonment. The distinction between "possession" and "carrying" is substantial: the possessor controls the weapon located in his home or in his possession; the carrier moves it from place to place, and the legislature views this as an increased risk. In recent years, legislation has also established provisions that aggravate actual sentencing in weapons offenses, against the background of the wave of violence, and the courts impose actual prison terms almost without exception.
"Possession" is broader than it seems
Possession does not require ownership or even physical contact: a weapon found in an apartment, vehicle, or storage space under a person's control is attributed to that person, and when a weapon is found in a place under the control of several people, all are exposed to suspicion. This is also where the central line of defense lies: challenging the element of control and knowledge. A person who did not know of the presence of the weapon, or who does not have exclusive control over the place, is not a "possessor." These questions are decided on forensic evidence (fingerprints, DNA), correspondence, and circumstances, as well as on the version given in questioning.
Even license holders are at risk
Holders of a lawful firearm license are exposed to related offenses: possession of ammunition beyond what is permitted, possession of a firearm whose license has expired, transferring the firearm to another person, and carrying it contrary to the license conditions. These offenses may appear “technical,” but they are treated as firearm offenses in every respect, alongside revocation of the license. Do not treat them lightly.
Legal representation in firearm offenses
Israel Arama, a former member of the Tel Aviv District Attorney’s Office, represents suspects and defendants in offenses of firearm possession and carrying, from arrest proceedings, which in these offenses are almost automatic, through management of the trial. Contact us for an initial consultation without obligation immediately upon arrest or summons.
The hierarchy of firearm offenses in Section 144 — what is important to know?
Section 144 of the Penal Law sets a severe sentencing scale: acquisition or possession of a weapon without lawful authorization, up to 7 years of imprisonment; acquisition or possession of a part, accessory, or ammunition only, up to 3 years of imprisonment; carrying or transporting a weapon, up to 10 years of imprisonment. The distinction between "possession" and "carrying" is substantial: the possessor controls the weapon located in his home or in his possession; the carrier moves it from place to place, and the legislature views this as an increased risk. In recent years, legislation has also established provisions that aggravate actual sentencing in weapons offenses, against the background of the wave of violence, and the courts impose actual prison terms almost without exception.
“Possession” is broader than it seems — what is important to know?
Possession does not require ownership or even physical contact: a weapon found in an apartment, vehicle, or storage space under a person's control is attributed to that person, and when a weapon is found in a place under the control of several people, all are exposed to suspicion. This is also where the central line of defense lies: challenging the element of control and knowledge. A person who did not know of the presence of the weapon, or who does not have exclusive control over the place, is not a "possessor." These questions are decided on forensic evidence (fingerprints, DNA), correspondence, and circumstances, as well as on the version given in questioning.
Even license holders are at risk — what is important to know?
Holders of a lawful firearm license are exposed to related offenses: possession of ammunition beyond what is permitted, possession of a firearm whose license has expired, transferring the firearm to another person, and carrying it contrary to the license conditions. These offenses may appear “technical,” but they are treated as firearm offenses in every respect, alongside revocation of the license. Do not treat them lightly.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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