N.Y. Penal Law Section 265.01
Criminal possession of a weapon in the fourth degree


A person is guilty of criminal possession of a weapon in the fourth degree when:

(1)

He or she possesses any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken, or “Kung Fu star”;

(2)

He or she possesses any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, undetectable knife or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or

(3)

; or

(4)

He possesses a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense; or

(5)

He possesses any dangerous or deadly weapon and is not a citizen of the United States; or

(6)

He is a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of section 265.00, and refuses to yield possession of such rifle or shotgun upon the demand of a police officer. Whenever a person is certified not suitable to possess a rifle or shotgun, a member of the police department to which such certification is made, or of the state police, shall forthwith seize any rifle or shotgun possessed by such person. A rifle or shotgun seized as herein provided shall not be destroyed, but shall be delivered to the headquarters of such police department, or state police, and there retained until the aforesaid certificate has been rescinded by the director or physician in charge, or other disposition of such rifle or shotgun has been ordered or authorized by a court of competent jurisdiction.

(7)

He knowingly possesses a bullet containing an explosive substance designed to detonate upon impact.

(8)

Such person possesses any armor piercing ammunition with intent to use the same unlawfully against another. * (9) Such person possesses a major component of a firearm, rifle, or shotgun and such person is prohibited from possessing a shotgun or rifle pursuant to:

(i)

this article;

(ii)

subsection (g) of section 922 of title 18 of the United States Code; or

(iii)

a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules; or * NB There are 2 sb (9)’s * (9) Such person is not licensed as a gunsmith or a dealer in firearms pursuant to section 400.00 of this chapter and, knowing it is a ghost gun, such person possesses a ghost gun, provided that a person shall not be guilty under this subdivision when he or she (a) voluntarily surrenders such ghost gun to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or (b) for a period of six months after the effective date of this section possesses a ghost gun prior to serialization and registration of such ghost gun pursuant to section 265.07 of this article. * NB There are 2 sb (9)’s (10) Such person is not licensed as a gunsmith or dealer in firearms pursuant to section 400.00 of this chapter and, knowing it is an unserialized frame or receiver or unfinished frame or receiver, such person possesses an unserialized frame or receiver or unfinished frame or receiver, provided that for a period of six months after the effective date of this subdivision, a person shall not be guilty under this subdivision when such person: (a) voluntarily surrenders such unserialized frame or receiver or unfinished frame or receiver to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or (b) possesses such unserialized frame or receiver or unfinished frame or receiver prior to serialization of such unserialized frame or receiver or unfinished frame or receiver in accordance with the requirements imposed on licensed importers and licensed manufacturers pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto, except for antique firearms as defined in subdivision fourteen of section 265.00 of this article, as added by chapter nine hundred eighty-six of the laws of nineteen hundred seventy-four, or any firearm, rifle or shotgun manufactured prior to nineteen hundred sixty-eight. Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

Source: Section 265.01 — Criminal possession of a weapon in the fourth degree, https://www.­nysenate.­gov/legislation/laws/PEN/265.­01 (updated May 13, 2022; accessed Mar. 2, 2024).

265.00
Definitions
265.01
Criminal possession of a weapon in the fourth degree
265.01–A
Criminal possession of a weapon on school grounds
265.01–B
Criminal possession of a firearm
265.01–C
Criminal possession of a rapid-fire modification device
265.01–D
Criminal possession of a weapon in a restricted location
265.01–E
Criminal possession of a firearm, rifle or shotgun in a sensitive location
265.02
Criminal possession of a weapon in the third degree
265.03
Criminal possession of a weapon in the second degree
265.04
Criminal possession of a weapon in the first degree
265.05
Unlawful possession of weapons by persons under sixteen
265.06
Unlawful possession of a weapon upon school grounds
265.07
Registration and serialization of firearms, rifles, shotguns, finished frames or receivers, and unfinished frames or receivers
265.08
Criminal use of a firearm in the second degree
265.09
Criminal use of a firearm in the first degree
265.10
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
265.11
Criminal sale of a firearm in the third degree
265.12
Criminal sale of a firearm in the second degree
265.13
Criminal sale of a firearm in the first degree
265.14
Criminal sale of a firearm with the aid of a minor
265.15
Presumptions of possession, unlawful intent and defacement
265.16
Criminal sale of a firearm to a minor
265.17
Criminal purchase or disposal of a weapon
265.19
Aggravated criminal possession of a weapon
265.20
Exemptions
265.25
Certain wounds to be reported
265.26
Burn injury and wounds to be reported
265.30
Certain convictions to be reported
265.35
Prohibited use of weapons
265.37
Unlawful possession of certain ammunition feeding devices
265.38
Unlawful sale of a non-microstamping-enabled firearm
265.40
Purchase of rifles and/or shotguns in contiguous states
265.45
Failure to safely store rifles, shotguns, and firearms in the first degree
265.50
Criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun
265.50*2
Failure to safely store rifles, shotguns, and firearms in the second degree
265.55
Criminal possession of an undetectable firearm, rifle or shotgun
265.60
Criminal sale of a ghost gun in the second degree
265.61
Criminal sale of a ghost gun in the first degree
265.63
Criminal sale of a frame or receiver in the second degree
265.64
Criminal sale of a frame or receiver in the first degree
265.65
Criminal purchase of a semiautomatic rifle
265.66
Criminal sale of a semiautomatic rifle

Accessed:
Mar. 2, 2024

Last modified:
May 13, 2022

§ 265.01’s source at nysenate​.gov

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