§ 265.01 — Criminal possession of a weapon in the fourth degree

New York § 265.01

• Jurisdiction: New York
• Law PEN: Penal
• Title P: Offenses Against Public Safety
• Part 3: Specific Offenses
• Art. 265: Firearms and Other Dangerous Weapons

Text

§ 265.01 Criminal possession of a weapon in the fourth degree.\n A person is guilty of criminal possession of a weapon in the fourth\ndegree when:\n (1) He or she possesses any firearm, electronic dart gun, electronic\nstun gun, switchblade knife, pilum ballistic knife, metal knuckle knife,\ncane sword, billy, blackjack, bludgeon, plastic knuckles, metal\nknuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or\nslungshot, shuriken, or throwing star;\n (2) He or she possesses any dagger, dangerous knife, dirk, machete,\nrazor, stiletto, imitation pistol, undetectable knife or any other\ndangerous or deadly instrument or weapon with intent to use the same\nunlawfully against another; or\n (3); or\n (4) He possesses a rifle, shotgun, antique firearm, black powder\nrifle, black powder shotgun, or any muzzle-loading firearm, and has been\nconvicted of a felony or serious offense; or\n (5) He possesses any dangerous or deadly weapon and is not a citizen\nof the United States; or\n (6) He is a person who has been certified not suitable to possess a\nrifle or shotgun, as defined in subdivision sixteen of section 265.00,\nand refuses to yield possession of such rifle or shotgun upon the demand\nof a police officer. Whenever a person is certified not suitable to\npossess a rifle or shotgun, a member of the police department to which\nsuch certification is made, or of the state police, shall forthwith\nseize any rifle or shotgun possessed by such person. A rifle or shotgun\nseized as herein provided shall not be destroyed, but shall be delivered\nto the headquarters of such police department, or state police, and\nthere retained until the aforesaid certificate has been rescinded by the\ndirector or physician in charge, or other disposition of such rifle or\nshotgun has been ordered or authorized by a court of competent\njurisdiction.\n (7) He knowingly possesses a bullet containing an explosive substance\ndesigned to detonate upon impact.\n (8) Such person possesses any armor piercing ammunition with intent to\nuse the same unlawfully against another.\n * (9) Such person possesses a major component of a firearm, rifle, or\nshotgun and such person is prohibited from possessing a shotgun or rifle\npursuant to:\n (i) this article;\n (ii) subsection (g) of section 922 of title 18 of the United States\nCode; or\n (iii) a temporary or final extreme risk protection order issued under\narticle sixty-three-A of the civil practice law and rules; or\n * NB There are 2 sb (9)'s\n * (9) Such person is not licensed as a gunsmith or a dealer in\nfirearms pursuant to section 400.00 of this chapter and, knowing it is a\nghost gun, such person possesses a ghost gun, provided that a person\nshall not be guilty under this subdivision when he or she (a)\nvoluntarily surrenders such ghost gun to any law enforcement official\ndesignated pursuant to subparagraph (f) of paragraph one of subdivision\n(a) of section 265.20 of this article; or (b) for a period of six months\nafter the effective date of this section possesses a ghost gun prior to\nserialization and registration of such ghost gun pursuant to section\n265.07 of this article.\n * NB There are 2 sb (9)'s\n (10) Such person is not licensed as a gunsmith or dealer in firearms\npursuant to section 400.00 of this chapter and, knowing it is an\nunserialized frame or receiver or unfinished frame or receiver, such\nperson possesses an unserialized frame or receiver or unfinished frame\nor receiver, provided that for a period of six months after the\neffective date of this subdivision, a person shall not be guilty under\nthis subdivision when such person: (a) voluntarily surrenders such\nunserialized frame or receiver or unfinished frame or receiver to any\nlaw enforcement official designated pursuant to subparagraph (f) of\nparagraph one of subdivision (a) of section 265.20 of this article; or\n(b) possesses such unserialized frame or receiver or unfinished frame or\nreceiver prior to serialization of such unserialized frame or receiver\nor unfinished frame or receiver in accordance with the requirements\nimposed on licensed importers and licensed manufacturers pursuant to\nsubsection (i) of Section 923 of Title 18 of the United States Code and\nregulations issued pursuant thereto, except for antique firearms as\ndefined in subdivision fourteen of section 265.00 of this article, as\nadded by chapter nine hundred eighty-six of the laws of nineteen hundred\nseventy-four, or any firearm, rifle or shotgun manufactured prior to\nnineteen hundred sixty-eight.\n Criminal possession of a weapon in the fourth degree is a class A\nmisdemeanor.\n