NY Crimes Involving Guns
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 New York PENAL LAW ARTICLE 265
Firearms & Other Dangerous Weapons
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| OFFENSE | DESCRIPTION | Â
PENAL LAW (Word Doc) |
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 (pdf) |
| CRIMINAL POSSESSION OF A WEAPON 4 | Possession of firearm | 265.01(1) | |
| Possession of per se knife | 265.01(1) | ||
| Possession of weapons other than firearm or knife | 265.01(1) | ||
| Possession with intent to use unlawfully | 265.01(2) | ||
| Possession of rifle or shotgun; previous conviction | 265.01(4) | ||
| No charge prepared | 265.01(5) | ||
| Possession of rifle or shotgun by person certified not suitable | 265.01(6) | ||
| Possession of explosive bullet | 265.01(7) | ||
| Possession of armor piercing ammunition | 265.01(8) | ||
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| CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS | – | 265.01-a formerly 265.01(3) |
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| CRIMINAL POSSESSION OF A FIREARM | Possession of any firearm | 265.01-b(1) | |
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| CRIMINAL POSSESSION OF A FIREARM | Failure to register | 265.01-b(2) | |
| CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE | – | 265.01-c | |
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| CRIMINAL POSSESSION OF A WEAPON 3 | Possession of weapon; prior conviction | 265.02(1) | |
| Possession of bomb, silencer, etc. | 265.02(2) | ||
| Possession of defaced weapon | 265.02(3) | ||
| Possession of three or more firearms | 265.02(5)(i) | ||
| Possession of firearm; prior conviction | 265.02(5)(ii) | ||
| Possession of disguised gun | 265.02(6) | ||
| Possession of assault weapon | 265.02(7) | ||
| No charge prepared | 265.02(8) | ||
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| CRIMINAL POSSESSION OF A WEAPON 2 | Machine-gun or disguised gun with intent to use unlawfully | 265.03 (1) (a) or (c) | |
| Loaded firearm with intent to use unlawfully | 265.03(1)(b) | ||
| 5 or more firearms | 265.03(2) | ||
| Possession of loaded firearm NOT in home or place of business | 265.03(3) | ||
| Possession of loaded firearm, IN home or place of business (with uncontested prior conviction) | 265.03(3) | ||
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| CRIMINAL POSSESSION OF A WEAPON 1 | Possession of explosive with intent to use unlawfully | 265.04(1) | |
| 10 or more firearms | 265.04(2) | ||
| Unlawful Possession of Weapons Upon School Grounds | No charge prepared | 265.06 | |
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| CRIMINAL USE OF A FIREARM 2 | C felony & possession of deadly weapon | 265.08(1) | |
| C felony & displays weapon | 265.08(2) | ||
| CRIMINAL USE OF A FIREARM 1 | B felony & possession of deadly weapon | 265.09(1)(a) | |
| B felony & Displays weapon | 265.09(1)(b) | ||
| MANUFACTURE, TRANSPORT, DISPOSITION & DEFACEMENT OF WEAPONS & DANGEROUS INSTRUMENTS | No charge prepared, except for the following: | 265.10 | |
| Transports or ships a machine gun, assault weapon, ammunition feeding device, or firearm silencer | 265.10(2) | ||
| Dispose of a machine gun, assault weapon, ammunition feeding device, or firearm silencer | 265.10(3) | ||
| Receives, disposes of, or conceals a defaced weapon | 265.10(3) | ||
| Defaces a weapon | 265.10(6) | ||
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| CRIMINAL SALE OF A FIREARM 3 | Sells firearm or ammunition device | 265.11(1) | |
| Possesses firearm with intent to sell | 265.11(2) | ||
| CRIMINAL SALE OF A FIREARM 2 | 5 or more | 265.12(1) | |
| 5 or more within one year | 265.12(2) | ||
| CRIMINAL SALE OF A FIREARM 1 | 10 or more | 265.13(1) | |
| 10 or more within one year | 265.13(2) | ||
| Criminal Sale of a Firearm with the Aid of a Minor | No charge prepared | 265.14 | |
| Criminal Sale of a Firearm to a Minor | No charge prepared | 265.16 | |
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| CRIMINAL PURCHASE OF A WEAPON | – | 265.17(3) | |
| AGGRAVATED CRIMINAL POSSESSION OF A WEAPON | Possess a loaded firearm and commits violent or drug trafficking felony | 265.19 | |
| Prohibited Use of Weapons
Unlawful possession of a large capacity ammunition feeding device Unlawful possession of certain ammunition feeding devices Purchase of rifles and/or shotguns in contiguous states |
No charge prepared | 265.35
265.36 265.37 265.40 |
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| FAILURE TO STORE RIFLES, SHOTGUNS, & FIREARMS 1 | – | 265.45 | |
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| Failure to safely store rifles, shotguns, and firearms in the second degree | No charge prepared | 265.50 | |
| CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM, RIFLE, OR SHOTGUN | 265.50(2) | ||
| CRIMINAL POSSESSION OF AN UNDETECTIBLE FIREARM, RIFLE OR SHOTGUN | – | 265.55(2) | |
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| ADDITIONAL CHARGES | |||
| DEFINITION OF FIREARM AS OTHER THAN A PISTOL OR REVOLVER | – | 265.00(3) | |
| CONSTRUCTIVE POSSESSION | – | 10.00(8) | |
| INTENT TO USE UNLAWFULLY AND JUSTIFICATION | – | 265 (intent) | |
| PRESUMPTION OF POSSESSION FROM PRESENCE OF MACHINE-GUN IN ROOM, DWELLING, STRUCTURE OR VEHICLE | – | 265.15(1) | |
| PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN STOLEN VEHICLE | – | 265.15(2) | |
| PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN AUTOMOBILE | – | 265.15(3) | |
| PRESUMPTION OF UNLAWFUL INTENT | – | 265.15(4) | |
Recent Blog Posts
Gun possession penalties in New York vary by degree of the charge. Criminal Possession of a Weapon in the Fourth Degree is a misdemeanor with up to one year in jail. Third Degree CPW is a felony with up to 7 years prison. Second Degree CPW carries 3.5 to 15 years, while First Degree CPW can result in 8 to 25 years in prison. Many gun crimes carry mandatory minimum sentences.
New York’s SAFE Act expanded the definition of assault weapons, banned high-capacity magazines over 10 rounds, required background checks for private sales, and mandated registration of assault weapons. Violations can result in felony charges. The law also enhanced penalties for gun crimes and created new offenses for possession of large capacity ammunition feeding devices.
Interstate transport of firearms through New York is governed by federal law (FOPA) which allows transport if the firearm is legal in your origin and destination states, unloaded, and inaccessible during transport. However, New York has strict interpretations and you can still be arrested. Any stops or deviation from direct transport can eliminate federal protection.
Constructive possession means you can be charged with gun possession even if you didn’t physically have the weapon. If a gun is found in your car, home, or area under your control, and the prosecution can prove you knew about it and had the ability to control it, you can be convicted of weapons possession even without touching the gun.
Yes, gun charges can potentially be reduced or dismissed through various defense strategies including challenging the legality of the search, questioning constructive possession, proving lack of knowledge, negotiating plea bargains to lesser charges, or demonstrating violations of constitutional rights. Each case depends on its specific facts and circumstances.
State gun charges are prosecuted under New York Penal Law and typically involve possession or use within the state. Federal gun charges involve interstate commerce, prohibited persons (felons), or use in federal crimes, and carry different penalties. Federal cases often have mandatory minimums and are prosecuted in federal court with different procedures and generally harsher sentences.
If arrested for a gun crime in New York, remain silent and immediately request an attorney. Do not answer questions or consent to searches. Gun crimes carry serious penalties and complex legal issues. Contact an experienced firearms defense attorney immediately, as early intervention can be crucial for protecting your rights and building an effective defense strategy.
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