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) |
| CRIMINAL POSSESSION OF A WEAPON 4 | Possession of firearm | ||
| Possession of per se knife | |||
| Possession of weapons other than firearm or knife | |||
| Possession with intent to use unlawfully | |||
| Possession of rifle or shotgun; previous conviction | |||
| No charge prepared | 265.01(5) |
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| Possession of rifle or shotgun by person certified not suitable | |||
| Possession of explosive bullet | |||
| 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 | ||
| Possession of bomb, silencer, etc. | |||
| Possession of defaced weapon | |||
| Possession of three or more firearms | |||
| Possession of firearm; prior conviction | |||
| Possession of disguised gun | |||
| Possession of assault weapon | |||
| No charge prepared |
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| CRIMINAL POSSESSION OF A WEAPON 2 | Machine-gun or disguised gun with intent to use unlawfully | ||
| Loaded firearm with intent to use unlawfully | |||
| 5 or more firearms | |||
| Possession of loaded firearm NOT in home or place of business | |||
| 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 | ||
| 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 | ||
| C felony & displays weapon | |||
| CRIMINAL USE OF A FIREARM 1 | B felony & possession of deadly weapon | ||
| 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 | |||
| Dispose of a machine gun, assault weapon, ammunition feeding device, or firearm silencer | |||
| Receives, disposes of, or conceals a defaced weapon | |||
| Defaces a weapon | |||
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| CRIMINAL SALE OF A FIREARM 3 | Sells firearm or ammunition device | ||
| Possesses firearm with intent to sell | |||
| CRIMINAL SALE OF A FIREARM 2 | 5 or more | ||
| 5 or more within one year | |||
| CRIMINAL SALE OF A FIREARM 1 | 10 or more | ||
| 10 or more within one year | |||
| 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 | – | ||
| CONSTRUCTIVE POSSESSION | – | ||
| INTENT TO USE UNLAWFULLY AND JUSTIFICATION | – | ||
| PRESUMPTION OF POSSESSION FROM PRESENCE OF MACHINE-GUN IN ROOM, DWELLING, STRUCTURE OR VEHICLE | – | ||
| PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN STOLEN VEHICLE | – | ||
| PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN AUTOMOBILE | – | ||
| PRESUMPTION OF UNLAWFUL INTENT | – | ||
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