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CJI2d[NY] PENAL LAW ARTICLE 265


Firearms and Other Dangerous Weapons


 

TABLE OF CONTENTS

 

   

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OFFENSE DESCRIPTION

PENAL LAW

(Word)

 

(pdf)

CRIMINAL POSSESSION OF A WEAPON 4 Possesses a firearm PDF
Possesses a per se knife PDF
Possesses a weapon other than a firearm or knife PDF
Possesses a weapon with intent to use unlawfully PDF
Possesses a rifle or shotgun with a previous conviction PDF

Non-citizen possesses a weapon. No charge prepared.

265.01(5)
 
Possesses a rifle or shotgun by person certified not suitable PDF
Possesses an explosive bullet PDF
Possesses armor peircing ammunition PDF
Possesses a major component of firearm, rifle, or shotgun (L. 2021, c. 519). No charge prepared.
265.01(9)
 
Possesses a ghost gun (L. 2021, c. 520) PDF
Possesses an unfinished frame or receiver PDF
 
CRIMINAL POSSESSSION OF A WEAPON 3 Possesses a weapon; prior conviction PDF
Possesses an explosive, incendiary bomb, bombshell, silencer, or machine-gun PDF
Possesses a defaced weapon PDF
Possesses three or more firearms PDF
Possesses a firearm with prior conviction PDF
Possesses a disguised gun PDF
Possesses an assault weapon PDF
Possesses a large capacity feeding device PDF
Commits drug trafficking felony and possesses an unloaded firearm. No charge prepared.
265.02(9)
 
Commits VFO and possesses an unloaded firearm. No charge prepared.
265.02(10)
 
 
CRIMINAL POSSESSION OF A WEAPON 2 With intent to use unlawfully, possesses Machine-gun or Disguised gun PDF
With intent to use unlawfully, possesses a loaded firearm PDF
Possesses five or more firearms PDF
Possesses loaded firearm NOT in home or place of business PDF
Possession of a loaded firearm IN home or place of business with prior conviction PDF
 
CRIMINAL POSSESSION OF A WEAPON 1 Possesses an explosive with intent to use unlawfully PDF
Possesses ten or more firearms PDF
 
CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS - PDF
 
CRIMINAL POSSESSION OF A FIREARM Possesses any firearm PDF
Failure to register PDF
 
CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE - PDF
 
CRIMINAL POSSESSION OF A WEAPON IN A RESTRICTED LOCATION - PDF
 
CRIMINAL POSSESSION OF A FIREARM, RIFLE, OR SHOTGUN IN A SENSITIVE LOCATION - PDF
       
Unlawful Possession of Weapons Upon School Grounds No charge prepared.
265.06
 
Gunsmith, Dealer in firearm, failure to register, serialized weapon No charge prepared.
265.07
 
   
 
CRIMINAL USE OF A FIREARM 2 Commits C VFO & possesses deadly weapon PDF
Commits C VFO & displays weapon PDF
 
CRIMINAL USE OF A FIREARM 1 Commits B VFO & possesses deadly weapon PDF
Commits B VFO & Displays weapon PDF
   
 
MANUFACTURE, TRANSPORT, DISPOSITION & DEFACEMENT OF WEAPONS & DANGEROUS INSTRUMENTS

Charge prepared only for the following:

 

 
Transports or ships a machine gun, firearm silencer, assault weapon, ammunition feeding device, disguised gun, or five or more firearms PDF
Dispose of a machine gun, assault weapon, ammunition feeding device, or firearm silencer PDF
Buys, receives, disposes of, or conceals a defaced certain weapons PDF
Defaces a machine-gun, ammunition feeding device or firearm PDF
 
CRIMINAL SALE OF A FIREARM 3 Sells firearm or ammunition device PDF
  Possesses firearm with intent to sell PDF
 
CRIMINAL SALE OF A FIREARM 2 Sells five or more PDF
  Sells two or more within one year PDF
   
 
CRIMINAL SALE OF A FIREARM 1 Sells ten or more PDF
  Sell three or more within one year PDF
 
Criminal Sale of a firearm with aid of a minor No charge prepared.
265.14
PDF
Criminal Sale of a firearm to a minor No charge prepared.
265.16
PDF
   
 
CRIMINAL PURCHASE OF A WEAPON - PDF
- PDF
 
AGGRAVATED CRIMINAL POSSESSION OF A WEAPON Possess a loaded firearm and commits violent or drug trafficking felony PDF
 

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

 

 
 
FAILURE TO STORE RIFLES, SHOTGUNS, & FIREARMS 1 - PDF
- PDF
FAILURE TO STORE RIFLES, SHOTGUNS, & FIREARMS 2 No charge prepared.
265.50
 
   
 
CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM, RIFLE, OR SHOTGUN No charge prepared for subd. (1) PDF
   
 
CRIMINAL POSSESSION OF AN UNDETECTIBLE FIREARM, RIFLE OR SHOTGUN No charge prepared for subd. (1) PDF
   
 
CRIMINAL SALE OF GHOST GUN 2 - PDF
CRIMINAL SALE OF GHOST GUN 1 - PDF
   
 
CRIMINAL SALE OF FRAME OR RECEIVER 2 - PDF
CRIMINAL SALE OF FRAME OR RECEIVER 1 - PDF
   
 
CRIMINAL PURCHASE OF A SEMIAUTHOMATIC RIFLE - PDF
   
 
CRIMINAL SALE OF A SEMIAUTHOMATIC RIFLE - PDF
   
 
 

ADDITIONAL CHARGES

 
   
 
  In General    
ADDITIONAL DEFINITIONS OF FIREARM - PDF
CONSTRUCTIVE POSSESSION - PDF
EXPLANATION OF INTENT TO USE UNLAWFULLY AND JUSTIFICATION - PDF
 
PRESUMPTIONS
 

PRESUMPTION OF POSSESSION FROM PRESENCE OF MACHINE-GUN IN ROOM, DWELLING,  STRUCTURE OR VEHICLE

 

- PDF

PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN STOLEN VEHICLE

 

- PDF

PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN AUTOMOBILE

 

- PDF
PRESUMPTION OF UNLAWFUL INTENT - PDF
       
  DEFENSES    
       
TEMPORARY & LAWFUL POSSESSION   PDF
VOLUNTARY SURRENDER OF A FIREARM   PDF