N.Y. Penal Law Section 265.15
Presumptions of possession, unlawful intent and defacement


1.

The presence in any room, dwelling, structure or vehicle of any machine-gun is presumptive evidence of its unlawful possession by all persons occupying the place where such machine-gun is found.

2.

The presence in any stolen vehicle of any weapon, instrument, appliance or substance specified in sections 265.01, 265.02, 265.03, 265.04 and 265.05 is presumptive evidence of its possession by all persons occupying such vehicle at the time such weapon, instrument, appliance or substance is found.

3.

The presence in an automobile, other than a stolen one or a public omnibus, of any firearm, large capacity ammunition feeding device, defaced firearm, defaced rifle or shotgun, defaced large capacity ammunition feeding device, firearm silencer, explosive or incendiary bomb, bombshell, switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack, plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is presumptive evidence of its possession by all persons occupying such automobile at the time such weapon, instrument or appliance is found, except under the following circumstances:

(a)

if such weapon, instrument or appliance is found upon the person of one of the occupants therein;

(b)

if such weapon, instrument or appliance is found in an automobile which is being operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, then such presumption shall not apply to the driver; or

(c)

if the weapon so found is a pistol or revolver and one of the occupants, not present under duress, has in his or her possession a valid license to have and carry concealed the same.

4.

The possession by any person of the substance as specified in section 265.04 is presumptive evidence of possessing such substance with intent to use the same unlawfully against the person or property of another if such person is not licensed or otherwise authorized to possess such substance. The possession by any person of any dagger, dirk, stiletto, dangerous knife or any other weapon, instrument, appliance or substance designed, made or adapted for use primarily as a weapon, is presumptive evidence of intent to use the same unlawfully against another.

5.

The possession by any person of a defaced machine-gun, firearm, rifle or shotgun is presumptive evidence that such person defaced the same.

6.

The possession of three or more firearms by any person is presumptive evidence that such person possessed the firearms with the intent to sell same.

Source: Section 265.15 — Presumptions of possession, unlawful intent and defacement, https://www.­nysenate.­gov/legislation/laws/PEN/265.­15 (updated May 13, 2022; 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 13, 2022

§ 265.15’s source at nysenate​.gov

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