N.Y. Penal Law Section 265.01-D
Criminal possession of a weapon in a restricted location


1.

A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or by otherwise giving express consent.

2.

This section shall not apply to:

(a)

police officers as defined in section 1.20 of the criminal procedure law;

(b)

persons who are designated peace officers as defined in section 2.10 of the criminal procedure law;

(c)

qualified law enforcement officers who are authorized to carry concealed firearms pursuant to 18 U.S.C. 926B, or qualified retired law enforcement officers who are authorized to carry concealed firearms pursuant to 18 U.S.C. 926C;

(d)

security guards as defined by and registered under article seven-A of the general business law who has been granted a special armed registration card, while at the location of their employment and during their work hours as such a security guard;

(e)

active-duty military personnel;

(f)

persons licensed under paragraph (c), (d) or (e) of subdivision two of section 400.00 of this chapter while in the course of his or her official duties;

(g)

persons while lawfully engaged in taking of wildlife or attempts to take wildlife pursuant to a hunting permit or license issued by the department of environmental conservation, or as otherwise authorized pursuant to section 11-0707 and 11-0709 of the environmental conservation law; or

(h)

persons, while acting in the scope of their official duties, who are employed in the revenue control and security departments of the metropolitan transportation authority, or the New York city transit authority or an affiliate or subsidiary thereof, who are authorized to carry a firearm as part of their employment. Criminal possession of a weapon in a restricted location is a class E felony.

Source: Section 265.01-D — Criminal possession of a weapon in a restricted location, https://www.­nysenate.­gov/legislation/laws/PEN/265.­01-D (updated May 12, 2023; accessed Apr. 20, 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:
Apr. 20, 2024

Last modified:
May 12, 2023

§ 265.01-D’s source at nysenate​.gov

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