The information I've seen so far IS limited. So although I am generally reticent to agree with Bodey, she may have a point here, at least to date.
In NY, if one possesses a gun without a license, one has (in most circumstances) committed a crime.
This raises the first obvious question: did mommy have a gun license/permit?
If so, and if she "posed" the kids
in her own home while the gun was not loaded, then there is no valid case against her.
If she had
no license/permit, then even possession inside her home would be a misdemeanor. (And, if unloaded, it would also be just a misdemeanor
outside unless the the gun was stolen or defaced or if the 'defendant" had previously been convicted of a crime, in which cases, it would be a felony).
NY's Penal Law says, in relevant part,
AND
Of course, there's also this:
and
§ 400.00 Licenses to carry, possess, repair and dispose of firearms.
* * * *
15. Any violation by any person of any provision of this section is a
class A misdemeanor.
* * * *
17. Applicability of section. The provisions of article two hundred
sixty-five of this chapter relating to illegal possession of a firearm,
shall not apply to an offense which also constitutes a violation of this
section by a person holding an otherwise valid license under the
provisions of this section and such offense shall only be punishable as
a class A misdemeanor pursuant to this section. In addition, the
provisions of such article two hundred sixty-five of this chapter shall
not apply to the possession of a firearm in a place not authorized by
law, by a person who holds an otherwise valid license or possession of a firearm by a person within a one year period after the stated expiration date of an otherwise valid license which has not been previously cancelled or revoked shall only be punishable as a class A misdemeanor pursuant to this section.
So, based on what we know so far about the mom, her license status and the loaded or unloaded status of the gun in question, I'd say we don't know much of anything about how valid or invalid the official charge(es) might be. But my hunch is the case is going to sooner or later just "go away" by way of an 'adjournment in contemplation of dismissal' ESPECIALLY if the gun did not meet the legal definition of "loaded."