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    NY Crimes Involving Guns

    Contact experienced criminal defense attorneys Friedman & Ranzenhofer, PC at 716-542-5444 is you are charged with a New York crime involving a weapon.


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      NY Crimes Involving Guns

      Contact experienced criminal defense attorneys Friedman & Ranzenhofer, PC at 716-542-5444 is you are charged with a New York crime involving a weapon.

      NY Crimes Involving Guns

      Contact experienced criminal defense attorneys Friedman & Ranzenhofer, PC at 716-542-5444 is you are charged with a New York crime involving a weapon.


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        The use of this form for communication does not establish an attorney-client relationship.


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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)

        PDF

        Possession of per se knife

        265.01(1)

        PDF

        Possession of weapons other than firearm or knife

        265.01(1)

        PDF

        Possession with intent to use unlawfully

        265.01(2)

        PDF

        Possession of rifle or shotgun; previous conviction

        265.01(4)

        PDF

        No charge prepared

        265.01(5)

         

        Possession of rifle or shotgun by person certified not suitable

        265.01(6)

        PDF

        Possession of explosive bullet

        265.01(7)

        PDF

        Possession of armor piercing ammunition

        265.01(8)

        PDF

         

        CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS

        265.01-a
        formerly 265.01(3)

        PDF

         

        CRIMINAL POSSESSION OF A FIREARM

        Possession of any firearm

        265.01-b(1)

        PDF

         

        CRIMINAL POSSESSION OF A FIREARM

        Failure to register

        265.01-b(2)

        PDF

         

         

         

         

        CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE

        265.01-c

        PDF

         

        CRIMINAL POSSESSION OF A WEAPON 3

        Possession of weapon; prior conviction

        265.02(1)

        PDF

        Possession of bomb, silencer, etc.

        265.02(2)

        PDF

        Possession of defaced weapon

        265.02(3)

        PDF

        Possession of three or more firearms

        265.02(5)(i)

        PDF

        Possession of firearm; prior conviction

        265.02(5)(ii)

        PDF

        Possession of disguised gun

        265.02(6)

        PDF

        Possession of assault weapon

        265.02(7)

        PDF

        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)

        PDF

        Loaded firearm with intent to use unlawfully

        265.03(1)(b)

        PDF

        5 or more firearms

        265.03(2)

        PDF

        Possession of loaded firearm NOT in home or place of business

        265.03(3)

        PDF

        Possession of loaded firearm, IN home or place of business (with uncontested prior conviction)

        265.03(3)

        PDF

         

        CRIMINAL POSSESSION OF A WEAPON 1

        Possession of explosive with intent to use unlawfully

        265.04(1)

        PDF

        10 or more firearms

        265.04(2)

        PDF

         

        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)

        PDF

        C felony & displays weapon

        265.08(2)

        PDF

        CRIMINAL USE OF A FIREARM 1

        B felony & possession of deadly weapon

        265.09(1)(a)

        PDF

        B felony & Displays weapon

        265.09(1)(b)

        PDF

         

        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)

        sentence one

        PDF

        Dispose of a machine gun, assault weapon, ammunition feeding device, or firearm silencer

        265.10(3)

        (sentence one)

        PDF

        Receives, disposes of, or conceals a defaced weapon

        265.10(3)

        (sentence three)

        PDF

        Defaces a weapon

        265.10(6)

        PDF

         

        CRIMINAL SALE OF A FIREARM 3

        Sells firearm or ammunition device

        265.11(1)

        PDF

        Possesses firearm with intent to sell

        265.11(2)

        PDF

        CRIMINAL SALE OF A FIREARM 2

        5 or more

        265.12(1)

        PDF

        5 or more within one year

        265.12(2)

        PDF

        CRIMINAL SALE OF A FIREARM 1

        10 or more

        265.13(1)

        PDF

        10 or more within one year

        265.13(2)

        PDF

        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)

        PDF

         

        AGGRAVATED CRIMINAL POSSESSION OF A WEAPON

        Possess a loaded firearm and commits violent or drug trafficking felony

        265.19

        PDF

         

        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

        PDF

         

         

         

         

        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)

        PDF

        CRIMINAL POSSESSION OF AN UNDETECTIBLE FIREARM, RIFLE OR SHOTGUN

        265.55(2)

        PDF

         

        ADDITIONAL CHARGES

         

        DEFINITION OF FIREARM AS OTHER THAN A PISTOL OR REVOLVER

        265.00(3)

        PDF

        CONSTRUCTIVE POSSESSION

        10.00(8)

        PDF

        INTENT TO USE UNLAWFULLY AND JUSTIFICATION

        265 (intent)

        PDF

        PRESUMPTION OF POSSESSION FROM PRESENCE OF MACHINE-GUN IN ROOM, DWELLING,  STRUCTURE OR VEHICLE

        265.15(1)

        PDF

        PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN STOLEN VEHICLE

        265.15(2)

        PDF

        PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN AUTOMOBILE

        265.15(3)

        PDF

        PRESUMPTION OF UNLAWFUL INTENT

        265.15(4)

        PDF

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