Lt. Brady tells Rose that in New York possession of an unregistered firearm in New York is a felony with a minimum sentence of 3.5 years. However that is incorrect, possession of an unregistered firearm (absent any aggravating factors) constitutes criminal possession of a firearm, which is a class E felony and does not have a mandatory prison sentence for someone without a criminal record; it has a sentence of either a $1,000 fine and five years probation or for prior offenders a minimum prison sentence of one year and a maximum of four. In order for someone to get a mandatory 3.5 year sentence they would have to be convicted of criminal possession of a weapon in the second degree, which is when a person uses a loaded firearm with the intent to harm another person, or they are found in possession of five or more unregistered firearms. It is a class C felony with a minimum sentence of 3.5 years in prison and a possible maximum of 15 years.