2006 New York Code - Definitions.



 
  § 265.00 Definitions.
    As  used  in  this  article and in article four hundred, the following
  terms shall mean and include:
    1. "Machine-gun" means a weapon of any  description,  irrespective  of
  size, by whatever name known, loaded or unloaded, from which a number of
  shots  or  bullets  may  be  rapidly  or automatically discharged from a
  magazine with  one  continuous  pull  of  the  trigger  and  includes  a
  sub-machine gun.
    2.  "Firearm  silencer"  means  any  instrument, attachment, weapon or
  appliance for causing the firing of any gun, revolver, pistol  or  other
  firearms  to be silent, or intended to lessen or muffle the noise of the
  firing of any gun, revolver, pistol or other firearms.
    3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
  one or more barrels less than eighteen inches in length; or (c) a  rifle
  having  one  or  more barrels less than sixteen inches in length; or (d)
  any  weapon  made  from  a  shotgun  or  rifle  whether  by  alteration,
  modification,  or  otherwise  if  such  weapon  as altered, modified, or
  otherwise has an overall length of less than twenty-six inches;  or  (e)
  an assault weapon. For the purpose of this subdivision the length of the
  barrel  on  a  shotgun  or  rifle  shall  be determined by measuring the
  distance between the muzzle  and  the  face  of  the  bolt,  breech,  or
  breechlock  when  closed  and  when  the shotgun or rifle is cocked; the
  overall length of a weapon made from a shotgun or rifle is the  distance
  between the extreme ends of the weapon measured along a line parallel to
  the  center  line  of  the  bore.  Firearm  does  not include an antique
  firearm.
    4. "Switchblade knife" means any knife which has a blade  which  opens
  automatically  by  hand  pressure  applied  to a button, spring or other
  device in the handle of the knife.
    5. "Gravity knife" means any knife which has a blade which is released
  from the handle or sheath  thereof  by  the  force  of  gravity  or  the
  application  of  centrifugal  force  which,  when released, is locked in
  place by means of a button, spring, lever or other device.
    5-a. "Pilum ballistic knife" means any knife which has a  blade  which
  can  be  projected from the handle by hand pressure applied to a button,
  lever, spring or other device in the handle of the knife.
    5-b. "Metal knuckle knife" means a weapon that,  when  closed,  cannot
  function  as  a set of metal knuckles, nor as a knife and when open, can
  function as both a set of metal knuckles as well as a knife.
    6. "Dispose of" means to dispose of, give, give away, lease-loan, keep
  for sale, offer, offer for sale, sell, transfer  and  otherwise  dispose
  of.
    7.  "Deface"  means  to  remove,  deface,  cover, alter or destroy the
  manufacturer's serial number  or  any  other  distinguishing  number  or
  identification mark.
    8.  "Gunsmith"  means  any  person,  firm, partnership, corporation or
  company who engages in the business of repairing, altering,  assembling,
  manufacturing,   cleaning,  polishing,  engraving  or  trueing,  or  who
  performs any  mechanical  operation  on,  any  firearm,  large  capacity
  ammunition feeding device or machine-gun.
    9.   "Dealer   in  firearms"  means  any  person,  firm,  partnership,
  corporation or company  who  engages  in  the  business  of  purchasing,
  selling,  keeping for sale, loaning, leasing, or in any manner disposing
  of, any assault weapon, large capacity ammunition feeding device, pistol
  or revolver.
    10. "Licensing officer" means in the  city  of  New  York  the  police
  commissioner  of  that city; in the county of Nassau the commissioner of
  police of that county; in the county of  Suffolk  the  sheriff  of  that
  county except in the towns of Babylon, Brookhaven, Huntington, Islip and
  Smithtown,  the  commissioner of police of that county; for the purposes
  of section 400.01 of this chapter the superintendent  of  state  police;
  and  elsewhere  in  the  state  a  judge or justice of a court of record
  having his office in the county of issuance.
    11. "Rifle" means a weapon designed or redesigned, made or remade, and
  intended to be fired from the shoulder and designed  or  redesigned  and
  made  or  remade  to use the energy of the explosive in a fixed metallic
  cartridge to fire only a single projectile through  a  rifled  bore  for
  each single pull of the trigger.
    12.  "Shotgun"  means a weapon designed or redesigned, made or remade,
  and intended to be fired from the shoulder and  designed  or  redesigned
  and made or remade to use the energy of the explosive in a fixed shotgun
  shell  to  fire  through a smooth bore either a number of ball shot or a
  single projectile for each single pull of the trigger.
    13. "Cane Sword" means a cane or swagger stick having concealed within
  it a blade that may be used as a sword or stilletto.
    * 14. "Antique firearm" means:
    Any unloaded muzzle loading  pistol  or  revolver  with  a  matchlock,
  flintlock,  percussion  cap,  or  similar  type of ignition system, or a
  pistol or revolver which uses  fixed  cartridges  which  are  no  longer
  available in the ordinary channels of commercial trade.
    * NB There are 2 sb 14's
    * 14.  "Chuka  stick" means any device designed primarily as a weapon,
  consisting of two or more lengths of a rigid material joined together by
  a thong, rope or chain in such a manner as to allow free movement  of  a
  portion  of  the  device  while  held  in  the hand and capable of being
  rotated in such a manner as to inflict serious injury upon a  person  by
  striking  or  choking.  These  devices  are  also known as nunchakus and
  centrifugal force sticks.
    * NB There are 2 sb 14's
    15. "Loaded firearm" means any firearm loaded with ammunition  or  any
  firearm  which  is  possessed  by one who, at the same time, possesses a
  quantity of ammunition which may be used to discharge such firearm.
    15-a. "Electronic dart gun" means any device designed primarily  as  a
  weapon,  the  purpose  of  which  is  to  momentarily stun, knock out or
  paralyze a person by passing an electrical shock to such person by means
  of a dart or projectile.
    15-b. "Kung Fu star" means a disc-like object with sharpened points on
  the circumference thereof and is designed for use primarily as a  weapon
  to be thrown.
    15-c.  "Electronic  stun gun" means any device designed primarily as a
  weapon, the purpose of which is to stun,  cause  mental  disorientation,
  knock  out  or  paralyze  a  person by passing a high voltage electrical
  shock to such person.
    16. "Certified not suitable to possess a self-defense spray device,  a
  rifle  or shotgun" means that the director or physician in charge of any
  hospital or institution for  mental  illness,  public  or  private,  has
  certified  to  the  superintendent  of  state police or to any organized
  police department of a county, city, town or village of this state, that
  a person who has been judicially adjudicated  incompetent,  or  who  has
  been  confined  to  such  institution  for  mental  illness  pursuant to
  judicial authority, is not suitable  to  possess  a  self-defense  spray
  device,  as  defined  in  section  265.20 of this article, or a rifle or
  shotgun.
    17. "Serious offense" means (a) any of the following offenses  defined
  in  the  former  penal  law  as in force and effect immediately prior to
  September first, nineteen hundred sixty-seven: illegally using, carrying
  or possessing a pistol or other dangerous weapon; making  or  possessing
  burglar's  instruments;  buying  or  receiving stolen property; unlawful
  entry of a building; aiding escape from prison; that kind of  disorderly
  conduct  defined  in subdivisions six and eight of section seven hundred
  twenty-two of such former penal law; violations of sections four hundred
  eighty-three, four hundred eighty-three-b,  four  hundred  eighty-four-h
  and  article  one  hundred  six  of  such former penal law; that kind of
  criminal sexual act or rape  which  was  designated  as  a  misdemeanor;
  violation  of  section  seventeen  hundred  forty-seven-d  and seventeen
  hundred forty-seven-e of such former penal law;  any  violation  of  any
  provision  of  article thirty-three of the public health law relating to
  narcotic drugs which was defined as a misdemeanor by  section  seventeen
  hundred  fifty-one-a  of such former penal law, and any violation of any
  provision of article thirty-three-A of the public health law relating to
  depressant and stimulant drugs which was defined  as  a  misdemeanor  by
  section seventeen hundred forty-seven-b of such former penal law.
    * (b)  any  of  the  following  offenses  defined  in  the  penal law:
  illegally using, carrying or possessing  a  pistol  or  other  dangerous
  weapon;  possession  of  burglar's  tools; criminal possession of stolen
  property in the third degree; escape  in  the  third  degree;  jostling;
  fraudulent  accosting;  that  kind  of  loitering defined in subdivision
  three of section  240.35;  endangering  the  welfare  of  a  child;  the
  offenses  defined in article two hundred thirty-five; issuing abortional
  articles; permitting prostitution; promoting prostitution in  the  third
  degree; stalking in the fourth degree; stalking in the third degree; the
  offenses  defined in article one hundred thirty; the offenses defined in
  article two hundred twenty.
    * NB There are 2 par. b's
    * (b) any  of  the  following  offenses  defined  in  the  penal  law:
  illegally  using,  carrying  or  possessing  a pistol or other dangerous
  weapon; possession of burglar's tools;  criminal  possession  of  stolen
  property  in  the  third  degree;  escape in the third degree; jostling;
  fraudulent accosting; that kind  of  loitering  defined  in  subdivision
  three  of  section  240.35;  endangering  the  welfare  of  a child; the
  offenses defined in article two hundred thirty-five; issuing  abortional
  articles;  permitting  prostitution; promoting prostitution in the third
  degree; stalking in the third degree; stalking in the fourth degree; the
  offenses defined in article one hundred thirty; the offenses defined  in
  article two hundred twenty.
    * NB There are 2 par. b's
    18.  "Armor piercing ammunition" means any ammunition capable of being
  used in pistols or revolvers containing a projectile or projectile core,
  or a projectile or projectile core for use in such ammunition,  that  is
  constructed   entirely  (excluding  the  presence  of  traces  of  other
  substances) from one or a combination of any of the following:  tungsten
  alloys, steel, iron, brass, bronze, beryllium copper, or uranium.
    19. "Duly authorized instructor" means (a) a duly commissioned officer
  of  the United States army, navy, marine corps or coast guard, or of the
  national guard of the state of New York; or (b) a duly  qualified  adult
  citizen  of  the  United States who has been granted a certificate as an
  instructor in small arms practice issued by the United States army, navy
  or marine corps, or by the adjutant general of this  state,  or  by  the
  national rifle association of America, a not-for-profit corporation duly
  organized  under  the  laws  of  this  state;  or  (c)  by a person duly
  qualified and designated by the department of environmental conservation
  under  paragraph  d  of  subdivision  six  of  section  11-0713  of  the
  environmental conservation law as its agent in the giving of instruction
  and the making of certifications of qualification in responsible hunting
  practices.
    20.  "Disguised  gun"  means  any  weapon  or  device capable of being
  concealed on the person from which a shot can be discharged through  the
  energy  of  an  explosive  and  is designed and intended to appear to be
  something other than a gun.
    21. "Semiautomatic" means any  repeating  rifle,  shotgun  or  pistol,
  regardless  of barrel or overall length, which utilizes a portion of the
  energy of a firing cartridge or shell to  extract  the  fired  cartridge
  case  or  spent  shell  and chamber the next round, and which requires a
  separate pull of the trigger to fire each cartridge or shell.
    22. "Assault weapon" means (a)  a  semiautomatic  rifle  that  has  an
  ability  to  accept  a  detachable  magazine and has at least two of the
  following characteristics:
    (i) a folding or telescoping stock;
    (ii) a pistol grip that protrudes conspicuously beneath the action  of
  the weapon;
    (iii) a bayonet mount;
    (iv)  a  flash suppressor or threaded barrel designed to accommodate a
  flash suppressor;
    (v) a grenade launcher; or
    (b) a semiautomatic shotgun that has at least  two  of  the  following
  characteristics:
    (i) a folding or telescoping stock;
    (ii)  a pistol grip that protrudes conspicuously beneath the action of
  the weapon;
    (iii) a fixed magazine capacity in excess of five rounds;
    (iv) an ability to accept a detachable magazine; or
    (c) a semiautomatic pistol that has an ability to accept a  detachable
  magazine and has at least two of the following characteristics:
    (i)  an ammunition magazine that attaches to the pistol outside of the
  pistol grip;
    (ii) a threaded barrel capable of accepting a barrel  extender,  flash
  suppressor, forward handgrip, or silencer;
    (iii)  a  shroud  that  is  attached  to,  or  partially or completely
  encircles, the barrel and that permits the shooter to hold  the  firearm
  with the nontrigger hand without being burned;
    (iv)  a manufactured weight of fifty ounces or more when the pistol is
  unloaded;
    (v) a semiautomatic version of an automatic rifle, shotgun or firearm;
  or
    (d) any of the weapons, or functioning frames  or  receivers  of  such
  weapons,  or copies or duplicates of such weapons, in any caliber, known
  as:
    (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
  models);
    (ii) Action Arms Israeli Military Industries UZI and Galil;
    (iii) Beretta Ar70 (SC-70);
    (iv) Colt AR-15;
    (v) Fabrique National FN/FAL, FN/LAR, and FNC;
    (vi) SWD M-10, M-11, M-11/9, and M-12;
    (vii) Steyr AUG;
    (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
    (ix) revolving cylinder shotguns, such as (or similar to)  the  Street
  Sweeper and Striker 12;
    (e) provided, however, that such term does not include: (i) any rifle,
  shotgun  or pistol that (A) is manually operated by bolt, pump, lever or
  slide action; (B) has been rendered permanently inoperable; or (C) is an
  antique firearm as defined in 18 U.S.C. 921(a)(16);
    (ii)  a  semiautomatic  rifle that cannot accept a detachable magazine
  that holds more than five rounds of ammunition;
    (iii) a semiautomatic shotgun that cannot hold more than  five  rounds
  of ammunition in a fixed or detachable magazine;
    (iv)  a rifle, shotgun or pistol, or a replica or a duplicate thereof,
  specified in Appendix A to section 922 of 18 U.S.C. as such  weapon  was
  manufactured  on  October first, nineteen hundred ninety-three. The mere
  fact that a weapon is not listed in Appendix A shall not be construed to
  mean that such weapon is an assault weapon; or
    (v) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic
  pistol  or  any  of  the  weapons  defined  in  paragraph  (d)  of  this
  subdivision lawfully possessed prior to September  fourteenth,  nineteen
  hundred ninety-four.
    23. "Large capacity ammunition feeding device" means a magazine, belt,
  drum,  feed  strip,  or  similar  device,  manufactured  after September
  thirteenth, nineteen hundred ninety-four, that has  a  capacity  of,  or
  that  can  be  readily  restored  or  converted to accept, more than ten
  rounds of ammunition; provided, however, that such term does not include
  an attached tubular device designed to accept, and capable of  operating
  only with, .22 caliber rimfire ammunition.


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