Cody Warner, P.C.

Cody Warner, P.C. handles criminal defense cases throughout all five boroughs of New York City, with a focus on air gun and firearm possession charges.

New York City Administrative Code 10-131(b) makes possession of airsoft guns, BB guns, and air-powered pistols illegal without proper licensing from the NYPD. The law applies only within NYC limits—not in the rest of New York State. If you're facing charges for possession of an air pistol, the penalties are serious but substantially lower than traditional firearm charges.

Air pistols are generally not legally considered to be firearms, which means experienced defense can often result in dropped charges or reductions that help you avoid a criminal record.

• •Criminal defense representation for air gun and BB gun possession
• •Constitutional challenge of illegal searches and seizures
• •Case assessment and strategic defense planning
• •Representation throughout all five NYC boroughs
• •24/7 availability for immediate assistance

While airsoft and BB guns are illegal to possess in NYC without a license, courts have consistently ruled (in People v. Schmidt and People v. Wilson) that air pistols are not firearms under New York Penal Law. This distinction is critical—it means the legal consequences are significantly lighter than firearm possession charges.

However, constitutional issues frequently arise in these cases. If police searched your car, home, or person without probable cause or a warrant, the evidence may be inadmissible—even if an airsoft gun was recovered.

Contact Information: - Phone: 212-627-3184 (24/7) - Address: 11 Broadway, Suite 615, New York, NY 10004 - Free & confidential consultation available