2012 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title P - OFFENSES AGAINST PUBLIC SAFETY
Article 265 - (265.00 - 265.45) FIREARMS AND OTHER DANGEROUS WEAPONS
265.01 - Criminal possession of a weapon in the fourth degree.


NY Penal L § 265.01 (2012) What's This?
 
  * § 265.01 Criminal possession of a weapon in the fourth degree.
    A  person  is  guilty of criminal possession of a weapon in the fourth
  degree when:
    (1) He or she possesses any firearm, electronic dart  gun,  electronic
  stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
  knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
  metal  knuckles,  chuka  stick,  sand  bag,  sandclub,  wrist-brace type
  slingshot or slungshot, shirken or "Kung Fu star"; or
    (2) He possesses any dagger, dangerous knife, dirk,  razor,  stiletto,
  imitation  pistol, or any other dangerous or deadly instrument or weapon
  with intent to use the same unlawfully against another; or
    (3) He or she knowingly has in his or her possession a rifle,  shotgun
  or  firearm  in  or  upon  a  building  or grounds, used for educational
  purposes, of any school, college  or  university,  except  the  forestry
  lands, wherever located, owned and maintained by the State University of
  New York college of environmental science and forestry, or upon a school
  bus  as  defined  in  section  one  hundred forty-two of the vehicle and
  traffic law, without  the  written  authorization  of  such  educational
  institution; or
    (4)  He  possesses  a  rifle,  shotgun,  antique firearm, black powder
  rifle, black powder shotgun, or any muzzle-loading firearm, and has been
  convicted of a felony or serious offense; or
    (5) He possesses any dangerous or deadly weapon and is not  a  citizen
  of the United States; or
    (6)  He  is  a person who has been certified not suitable to possess a
  rifle or shotgun, as defined in subdivision sixteen of  section  265.00,
  and refuses to yield possession of such rifle or shotgun upon the demand
  of  a  police  officer.  Whenever  a person is certified not suitable to
  possess a rifle or shotgun, a member of the police department  to  which
  such  certification  is  made,  or  of the state police, shall forthwith
  seize any rifle or shotgun possessed by such person. A rifle or  shotgun
  seized as herein provided shall not be destroyed, but shall be delivered
  to  the  headquarters  of  such  police department, or state police, and
  there retained until the aforesaid certificate has been rescinded by the
  director or physician in charge, or other disposition of such  rifle  or
  shotgun  has  been  ordered  or  authorized  by  a  court  of  competent
  jurisdiction.
    (7) He knowingly possesses a bullet containing an explosive  substance
  designed to detonate upon impact.
    (8)  He possesses any armor piercing ammunition with intent to use the
  same unlawfully against another.
    Criminal possession of a weapon in the fourth  degree  is  a  class  A
  misdemeanor.
    * NB Effective until March 16, 2013
  * § 265.01 Criminal possession of a weapon in the fourth degree.
    A  person  is  guilty of criminal possession of a weapon in the fourth
  degree when:
    (1) He or she possesses any firearm, electronic dart  gun,  electronic
  stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
  knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
  metal  knuckles,  chuka  stick,  sand  bag,  sandclub,  wrist-brace type
  slingshot or slungshot, shirken or "Kung Fu star"; or
    (2) He possesses any dagger, dangerous knife, dirk,  razor,  stiletto,
  imitation  pistol, or any other dangerous or deadly instrument or weapon
  with intent to use the same unlawfully against another; or
    (3); or

    (4) He possesses a  rifle,  shotgun,  antique  firearm,  black  powder
  rifle, black powder shotgun, or any muzzle-loading firearm, and has been
  convicted of a felony or serious offense; or
    (5)  He  possesses any dangerous or deadly weapon and is not a citizen
  of the United States; or
    (6) He is a person who has been certified not suitable  to  possess  a
  rifle  or  shotgun, as defined in subdivision sixteen of section 265.00,
  and refuses to yield possession of such rifle or shotgun upon the demand
  of a police officer. Whenever a person  is  certified  not  suitable  to
  possess  a  rifle or shotgun, a member of the police department to which
  such certification is made, or of  the  state  police,  shall  forthwith
  seize  any rifle or shotgun possessed by such person. A rifle or shotgun
  seized as herein provided shall not be destroyed, but shall be delivered
  to the headquarters of such police  department,  or  state  police,  and
  there retained until the aforesaid certificate has been rescinded by the
  director  or  physician in charge, or other disposition of such rifle or
  shotgun  has  been  ordered  or  authorized  by  a  court  of  competent
  jurisdiction.
    (7)  He knowingly possesses a bullet containing an explosive substance
  designed to detonate upon impact.
    (8) He possesses any armor piercing ammunition with intent to use  the
  same unlawfully against another.
    Criminal  possession  of  a  weapon  in the fourth degree is a class A
  misdemeanor.
    * NB Effective March 16, 2013

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