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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NY Gun Crime FAQs
The most common gun crimes in New York are related to possession, including Unlawful Possession of a Firearm and various degrees of Criminal Possession of a Weapon, which can range from a misdemeanor to a serious felony depending on the type of weapon and circumstances.
Penalties vary widely. A Class E felony such as Criminal Possession of a Firearm carries a maximum sentence of up to four years in prison, while a Class B felony like Criminal Possession of a Weapon in the First Degree can carry up to 25 years.
Common defenses include challenging the legality of the search that led to discovery of the weapon, disputing possession of the firearm (such as in cases of constructive or presumptive possession), or arguing the weapon was not operable. Self-defense can also be a valid strategy in certain cases.
The New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 is a comprehensive gun control law that includes provisions requiring background checks for all gun sales, banning certain assault weapons, and requiring licenses for semi-automatic rifles.
Yes, a felony conviction for a gun crime can result in permanent loss of your right to own or possess a firearm, along with other long-term consequences like difficulty securing employment or housing and loss of certain civil rights.
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