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CJI2d[NY] PENAL LAW ARTICLE 265


Firearms & Other Dangerous Weapons


OFFENSE DESCRIPTION

 

PENAL LAW

(docx)

WPD PDF
CRIMINAL POSSESSION OF A WEAPON 4 Possession of Firearm WP PDF
Possession of Per Se Knife WP PDF
Possession of Weapons other than Firearm or Knife WP PDF
Possession With Intent to Use Unlawfully WP PDF
Penal Law § 265.01(3) was repealed and reenacted verbatim as Penal Law § 265.01-a ["criminal possession of a weapon on school grounds"], effective March 16, 2013. Thus, except for the name of the crime, the charge for Penal Law § 265.01-a may be used for a Penal Law § 265.01(3) crime committed prior to March 16, 2013 as explained in footnote one of the charge.
265.01(3)  repealed and reenacted as 265.01-a.
   
Possession of Rifle or Shotgun; Previous Conviction 265.01(4) WP PDF
No Charge Prepared 265.01(5)    
Possession of Rifle or Shotgun by Person Certified Not Suitable 265.01(6) WP PDF
Possession of Explosive Bullet 265.01(7) WP PDF
Possession of Armor Piercing Ammunition 265.01(8) WP PDF
 
CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS - 265.01-a
formerly 265.01(3)
WP PDF
 
CRIMINAL POSSESSION OF A FIREARM Possession of any Firearm 265.01-b(1) WP PDF
 
CRIMINAL POSSESSION OF A FIREARM Failure to Register 265.01-b(2) WP PDF
 
CRIMINAL POSSESSION OF A WEAPON 3 Possession of Weapon; Previous Conviction 265.02(1) WP PDF
Possession of Bomb, Silencer, Etc 265.02(2) WP PDF
Possession of Defaced Weapon 265.02(3) WP PDF
Possession of Three or More Firearms 265.02(5)(i) WP PDF
Possession of Firearm; Prior Conviction 265.02(5)(ii) WP PDF
Possession of Disguised Gun 265.02(6) WP PDF
Possession of Assault Weapon 265.02(7) WP PDF
No Charge Prepared 265.02(8)    
 
CRIMINAL POSSESSION OF A WEAPON 2

Machine-Gun or Disguised Gun With Intent To Use Unlawfully

265.03 (1) (a) or (c)

WP PDF
Loaded Firearm With Intent To Use Unlawfully 265.03(1)(b) WP PDF
5 or More Firearms 265.03(2) WP PDF
Possession of Loaded Firearm NOT in Home or Place of Business 265.03(3) WP PDF

Possession of Loaded Firearm, IN Home or Place of Business (with uncontested prior conviction)

265.03(3) WP PDF
 
CRIMINAL POSSESSION OF A WEAPON 1 Possession of Explosive with Intent To Use Unlawfully 265.04(1) WP PDF
10 or More Firearms 265.04(2) WP PDF
 
UNLAWFUL POSSESSION OF WEAPONS BY PERSONS UNDER 16 No Charge Prepared 265.05    
UNLAWFUL POSSESSION OF WEAPONS UPON SCHOOL GROUNDS No Charge Prepared 265.06    
 
CRIMINAL USE OF A FIREARM 2 C felony & Possession of deadly weapon 265.08(1) WP PDF
C felony & Displays weapon 265.08(2) WP PDF
CRIMINAL USE OF A FIREARM 1 B felony & Possession of Deadly Weapon 265.09(1)(a) WP PDF
B felony & Displays weapon 265.09(1)(b) WP PDF
 
MANUFACTURE, TRANSPORT, DISPOSITION & DEFACEMENT OF WEAPONS & DANGEROUS INSTRUMENTS & APPLIANCES No Charge Prepared 265.10    
 
CRIMINAL SALE OF A FIREARM 3 Sells Firearm or Ammunition Device 265.11(1) WP PDF
Possesses Firearm with Intent to Sell 265.11(2) WP PDF
CRIMINAL SALE OF A FIREARM 2 5 or more 265.12(1) WP PDF
5 or more within one year 265.12(2) WP PDF
CRIMINAL SALE OF A FIREARM 1 10 or more 265.13(1) WP PDF
10 or more within one year 265.13(2) WP PDF
CRIMINAL SALE OF A FIREARM WITH THE AID OF A MINOR No Charge Prepared 265.14    
CRIMINAL SALE OF A FIREARM TO A MINOR No Charge Prepared 265.16    
 
CRIMINAL PURCHASE OF A WEAPON - 265.17(3) WP PDF
 
AGGRAVATED CRIMINAL POSSESSION OF A WEAPON Possess a loaded firearm and commits violent or drug trafficking felony 265.19 WP PDF
 
PROHIBITED USE OF WEAPONS No Charge Prepared 265.35    
 
SAFE STORAGE OF RIFLES, SHOTGUNS, & FIREARMS

-

265.45 WP PDF
 
 
ADDITIONAL CHARGES
 
DEFINITION OF FIREARM AS OTHER THAN A PISTOL OR REVOLVER - 265.00(3) WP PDF
CONSTRUCTIVE POSSESSION - 10.00(8) WP PDF
INTENT TO USE UNLAWFULLY AND JUSTIFICATION - 265 (intent) WP PDF
PRESUMPTION OF POSSESSION FROM PRESENCE OF MACHINE-GUN IN ROOM, DWELLING,  STRUCTURE OR VEHICLE - 265.15(1) WP PDF
PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN STOLEN VEHICLE - 265.15(2) WP PDF
PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN AUTOMOBILE - 265.15(3) WP PDF
PRESUMPTION OF UNLAWFUL INTENT - 265.15(4) WP PDF