CJI2d[NY] PENAL LAW ARTICLE 265
Firearms and Other Dangerous Weapons
TABLE OF CONTENTS
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| OFFENSE | DESCRIPTION | PENAL LAW (Word) |
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| CRIMINAL POSSESSION OF A WEAPON 4 | Possesses a firearm | ||
| Possesses a per se knife | |||
| Possesses a weapon other than a firearm or knife | |||
| Possesses a weapon with intent to use unlawfully | |||
| Possesses a rifle or shotgun with a previous conviction | |||
Non-citizen possesses a weapon. No charge prepared. |
265.01(5) |
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| Possesses a rifle or shotgun by person certified not suitable | |||
| Possesses an explosive bullet | |||
| Possesses armor peircing ammunition | |||
| Possesses a major component of firearm, rifle, or shotgun (L. 2021, c. 519). No charge prepared. | 265.01(9) |
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| Possesses a ghost gun (L. 2021, c. 520) | |||
| Possesses an unfinished frame or receiver | |||
| CRIMINAL POSSESSSION OF A WEAPON 3 | Possesses a weapon; prior conviction | ||
| Possesses an explosive, incendiary bomb, bombshell, silencer, or machine-gun | |||
| Possesses a defaced weapon | |||
| Possesses three or more firearms | |||
| Possesses a firearm with prior conviction | |||
| Possesses a disguised gun | |||
| Possesses an assault weapon | |||
| Possesses a large capacity feeding device | |||
| Commits drug trafficking felony and possesses an unloaded firearm. | |||
| Commits VFO and possesses an unloaded firearm. | |||
| CRIMINAL POSSESSION OF A WEAPON 2 | With intent to use unlawfully, possesses Machine-gun or Disguised gun | ||
| With intent to use unlawfully, possesses a loaded firearm | |||
| Possesses five or more firearms | |||
| Possesses loaded firearm NOT in home or place of business | |||
| Possession of a loaded firearm IN home or place of business with prior conviction | |||
| CRIMINAL POSSESSION OF A WEAPON 1 | Possesses an explosive with intent to use unlawfully | ||
| Possesses ten or more firearms | |||
| CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS | - | ||
| CRIMINAL POSSESSION OF A FIREARM | Possesses any firearm | ||
| Failure to register | |||
| CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE | - | ||
| CRIMINAL POSSESSION OF A WEAPON IN A RESTRICTED LOCATION | - | ||
| CRIMINAL POSSESSION OF A FIREARM, RIFLE, OR SHOTGUN IN A SENSITIVE LOCATION | - | ||
| Unlawful Possession of Weapons Upon School Grounds | No charge prepared. | 265.06 |
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| Gunsmith, Dealer in firearm, failure to register, serialized weapon | No charge prepared. | 265.07 |
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| CRIMINAL USE OF A FIREARM 2 | Commits C VFO & possesses deadly weapon | ||
| Commits C VFO & displays weapon | |||
| CRIMINAL USE OF A FIREARM 1 | Commits B VFO & possesses deadly weapon | ||
| Commits B VFO & Displays weapon | |||
| MANUFACTURE, TRANSPORT, DISPOSITION & DEFACEMENT OF WEAPONS & DANGEROUS INSTRUMENTS | Charge prepared only for the following: |
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| Transports or ships a machine gun, firearm silencer, assault weapon, ammunition feeding device, disguised gun, or five or more firearms | |||
| Dispose of a machine gun, assault weapon, ammunition feeding device, or firearm silencer | |||
| Buys, receives, disposes of, or conceals a defaced certain weapons | |||
| Defaces a machine-gun, ammunition feeding device or firearm | |||
| CRIMINAL SALE OF A FIREARM 3 | Sells firearm or ammunition device | ||
| Possesses firearm with intent to sell | |||
| CRIMINAL SALE OF A FIREARM 2 | Sells five or more | ||
| Sells two or more within one year | |||
| CRIMINAL SALE OF A FIREARM 1 | Sells ten or more | ||
| Sell three or more within one year | |||
| Criminal Sale of a firearm with aid of a minor | No charge prepared. | 265.14 |
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| Criminal Sale of a firearm to a minor | - | ||
| 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 | ||
Prohibited Use of Weapons Unlawful possession of certain ammunition feeding devices Unlawful sale of a non-microstamping-enabled firearm |
No charge prepared. | 265.35 265.37
265.38
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| FAILURE TO STORE RIFLES, SHOTGUNS, & FIREARMS 1 | - | ||
| - | |||
| FAILURE TO STORE RIFLES, SHOTGUNS, & FIREARMS 2 | No charge prepared. | 265.50 |
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| CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM, RIFLE, OR SHOTGUN | No charge prepared for subd. (1) | ||
| CRIMINAL POSSESSION OF AN UNDETECTIBLE FIREARM, RIFLE OR SHOTGUN | No charge prepared for subd. (1) | ||
| CRIMINAL SALE OF GHOST GUN 2 | - | ||
| CRIMINAL SALE OF GHOST GUN 1 | - | ||
| CRIMINAL SALE OF FRAME OR RECEIVER 2 | - | ||
| CRIMINAL SALE OF FRAME OR RECEIVER 1 | - | ||
| CRIMINAL PURCHASE OF A SEMIAUTHOMATIC RIFLE | - | ||
| CRIMINAL SALE OF A SEMIAUTHOMATIC RIFLE | - | ||
ADDITIONAL CHARGES |
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| In General | |||
| ADDITIONAL DEFINITIONS OF FIREARM | - | ||
| CONSTRUCTIVE POSSESSION | - | ||
| EXPLANATION OF INTENT TO USE UNLAWFULLY AND JUSTIFICATION | - | ||
| PRESUMPTIONS | |||
PRESUMPTION OF POSSESSION FROM PRESENCE OF MACHINE-GUN IN ROOM, DWELLING, STRUCTURE OR VEHICLE
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PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN STOLEN VEHICLE
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PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN AUTOMOBILE
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| PRESUMPTION OF UNLAWFUL INTENT | - | ||
| DEFENSES | |||
| TEMPORARY & LAWFUL POSSESSION | |||
| VOLUNTARY SURRENDER OF A FIREARM | |||
