N.Y. Penal Law Section 265.08
Criminal use of a firearm in the second degree

A person is guilty of criminal use of a firearm in the second degree when he commits any class C violent felony offense as defined in paragraph (b) of subdivision one of section 70.02 and he either:

(1)

possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or

(2)

displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm. Criminal use of a firearm in the second degree is a class C felony.

Source: Section 265.08 — Criminal use of a firearm in the second degree, https://www.­nysenate.­gov/legislation/laws/PEN/265.­08 (updated Sep. 22, 2014; accessed Feb. 28, 2026).

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 265.46
Failure to safely store rifles, shotguns, and firearms in the second degree 265.50
Criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun 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
Green check means up to date. Up to date

Verified:
Feb. 28, 2026

Last modified:
Sep. 22, 2014

§ 265.08. Crim. use of a firearm in the second degree's source at nysenate​.gov

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