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FIREARMS & OTHER DANGEROUS WEAPONS

NEW YORK PENAL LAW

CLASS A MISDEMEANORS:

NYPL § 265.01 - Criminal Possession of a Weapon in the 4th Degree: *

A person is guilty of criminal possession of a weapon in the 4th degree when:

(1) He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”;  or

(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another;  or

...

(4) He possesses a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense;  or

(5) He possesses any dangerous or deadly weapon and is not a citizen of the United States;  or

...

(7) He knowingly possesses a bullet containing an explosive substance designed to detonate upon impact.

(8) He possesses any armor piercing ammunition with intent to use the same unlawfully against another.

 

CLASS E FELONIES:

NYPL § 265.01-a - Criminal Possession of a Weapon on School Grounds:*

A person is guilty of criminal possession of a weapon on school grounds when he or she knowingly has in his or her possession a rifle, shotgun, or firearm in or upon a building or grounds, used for educational purposes, of any school, college, or university, except the forestry lands, wherever located, owned and maintained by the State University of New York college of environmental science and forestry, or upon a school bus as defined in NY VTL § 142, without the written authorization of such educational institution.

NYPL § 265.01-b - Criminal Possession of a Firearm: *

A person is guilty of criminal possession of a firearm when he or she:  

(1) Possesses any firearm or;  

(2) Lawfully possesses a firearm prior to the effective date of the chapter of the laws of 2013, and knowingly fails to register such firearm pursuant to the registration requirements of NYPL § 400.00(16-a).

 

CLASS D FELONIES:

NYPL § 265.02 - Criminal Possession of a Weapon in the 3rd Degree: *

A person is guilty of criminal possession of a weapon in the 3rd degree when: 

(1) Such person commits the crime of criminal possession of a weapon in the 4th degree as defined in NYPL § 265.01(1),(2), (3) or (5), and has been previously convicted of any crime;  or

(2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use;  or

(3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun;  or

...

(5) 

(i) Such person possesses 3 or more firearms;  or

(ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor ... within the 5 years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business;  or

(6) Such person knowingly possesses any disguised gun;  or

(7) Such person possesses an assault weapon;  or

(8) Such person possesses a large capacity ammunition feeding device.  ...

(9) Such person possesses an unloaded firearm and also commits a drug trafficking felony (NYPL § 10.00(21), as part of the same criminal transaction;  or

(10) Such person possesses an unloaded firearm and also commits any violent felony offense as defined in NYPL § 70.02(1) as part of the same criminal transaction.

 

CLASS C FELONIES:

NYPL § 265.03 - Criminal Possession of a Weapon in the 2nd Degree: * 

A person is guilty of criminal possession of a weapon in the 2nd degree when:

(1) With intent to use the same unlawfully against another, such person:

(a) Possesses a machine-gun;  or

(b) Possesses a loaded firearm;  or

(c) Possesses a disguised gun;  or

(2) Such person possesses 5 or more firearms;  or

(3) Such person possesses any loaded firearm....  

 

CLASS B FELONIES:

NYPL § 265.04 - Criminal Possession of a Weapon in the 1st Degree:

A person is guilty of criminal possession of a weapon in the 1st degree when such person:

(1) Possesses any explosive substance with intent to use the same unlawfully against the person or property of another;  or

(2) Possesses 10 or more firearms.

 

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*Not verbatim. Click here for link to full text of current law.

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