NY Crimes Involving Guns
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New York PENAL LAW ARTICLE 265
Firearms & Other Dangerous Weapons
| OFFENSE | DESCRIPTION |
PENAL LAW (Word Doc) |
(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) | ||
| CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS | – | 265.01-a formerly 265.01(3) |
|
| CRIMINAL POSSESSION OF A FIREARM | Possession of any firearm | 265.01-b(1) | |
| CRIMINAL POSSESSION OF A FIREARM | Failure to register | 265.01-b(2) | |
| CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE | – | 265.01-c | |
| 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) | ||
| 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) | ||
| 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 | |
| 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) | ||
| 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 | |
| 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 |
|
| FAILURE TO STORE RIFLES, SHOTGUNS, & FIREARMS 1 | – | 265.45 | |
| 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) | |
| 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) | |
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