NY Crimes Involving Guns
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New York PENAL LAW ARTICLE 265
Firearms & Other Dangerous Weapons
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OFFENSE |
DESCRIPTION |
PENAL LAW (Word Doc) |
(pdf) |
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CRIMINAL POSSESSION OF A WEAPON 4 |
Possession of firearm |
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Possession of per se knife |
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Possession of weapons other than firearm or knife |
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Possession with intent to use unlawfully |
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Possession of rifle or shotgun; previous conviction |
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No charge prepared |
265.01(5) |
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Possession of rifle or shotgun by person certified not suitable |
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Possession of explosive bullet |
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Possession of armor piercing ammunition |
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CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS |
– |
265.01-a |
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CRIMINAL POSSESSION OF A FIREARM |
Possession of any firearm |
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CRIMINAL POSSESSION OF A FIREARM |
Failure to register |
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CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE |
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CRIMINAL POSSESSION OF A WEAPON 3 |
Possession of weapon; prior conviction |
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Possession of bomb, silencer, etc. |
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Possession of defaced weapon |
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Possession of three or more firearms |
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Possession of firearm; prior conviction |
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Possession of disguised gun |
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Possession of assault weapon |
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No charge prepared |
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CRIMINAL POSSESSION OF A WEAPON 2 |
Machine-gun or disguised gun with intent to use unlawfully |
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Loaded firearm with intent to use unlawfully |
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5 or more firearms |
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Possession of loaded firearm NOT in home or place of business |
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Possession of loaded firearm, IN home or place of business (with uncontested prior conviction) |
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CRIMINAL POSSESSION OF A WEAPON 1 |
Possession of explosive with intent to use unlawfully |
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10 or more firearms |
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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 |
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C felony & displays weapon |
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CRIMINAL USE OF A FIREARM 1 |
B felony & possession of deadly weapon |
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B felony & Displays weapon |
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MANUFACTURE, TRANSPORT, DISPOSITION & DEFACEMENT OF WEAPONS & DANGEROUS INSTRUMENTS |
No charge prepared, except for the following: |
265.10 |
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Transports or ships a machine gun, assault weapon, ammunition feeding device, or firearm silencer |
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Dispose of a machine gun, assault weapon, ammunition feeding device, or firearm silencer |
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Receives, disposes of, or conceals a defaced weapon |
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Defaces a weapon |
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CRIMINAL SALE OF A FIREARM 3 |
Sells firearm or ammunition device |
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Possesses firearm with intent to sell |
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CRIMINAL SALE OF A FIREARM 2 |
5 or more |
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5 or more within one year |
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CRIMINAL SALE OF A FIREARM 1 |
10 or more |
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10 or more within one year |
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Criminal Sale of a Firearm with the Aid of a Minor |
No charge prepared |
265.14 |
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Criminal Sale of a Firearm to a Minor |
No charge prepared |
265.16 |
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CRIMINAL PURCHASE OF A WEAPON |
– |
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AGGRAVATED CRIMINAL POSSESSION OF A WEAPON |
Possess a loaded firearm and commits violent or drug trafficking felony |
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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 |
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Failure to safely store rifles, shotguns, and firearms in the second degree |
No charge prepared |
265.50 |
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CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM, RIFLE, OR SHOTGUN |
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CRIMINAL POSSESSION OF AN UNDETECTIBLE FIREARM, RIFLE OR SHOTGUN |
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ADDITIONAL CHARGES
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DEFINITION OF FIREARM AS OTHER THAN A PISTOL OR REVOLVER |
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CONSTRUCTIVE POSSESSION |
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INTENT TO USE UNLAWFULLY AND JUSTIFICATION |
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PRESUMPTION OF POSSESSION FROM PRESENCE OF MACHINE-GUN IN ROOM, DWELLING, STRUCTURE OR VEHICLE |
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PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN STOLEN VEHICLE |
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PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN AUTOMOBILE |
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PRESUMPTION OF UNLAWFUL INTENT |
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