N.Y. Penal Law Section 265.35
Prohibited use of weapons

1.

Any person hunting with a dangerous weapon in any county wholly embraced within the territorial limits of a city is guilty of a class A misdemeanor.

2.

Any person who wilfully discharges a loaded firearm or any other gun, the propelling force of which is gunpowder, at an aircraft while such aircraft is in motion in the air or in motion or stationary upon the ground, or at any railway or street railroad train as defined by the public service law, or at a locomotive, car, bus or vehicle standing or moving upon such railway, railroad or public highway, is guilty of a class D felony if thereby the safety of any person is endangered, and in every other case, of a class E felony.

3.

Any person who, otherwise than in self defense or in the discharge of official duty, (a) wilfully discharges any species of firearms, air-gun or other weapon, or throws any other deadly missile, either in a public place, or in any place where there is any person to be endangered thereby, or, in Putnam county, within one-quarter mile of any occupied school building other than under supervised instruction by properly authorized instructors although no injury to any person ensues;

(b)

intentionally, without malice, points or aims any firearm or any other gun, the propelling force of which is gunpowder, at or toward any other person;

(c)

discharges, without injury to any other person, firearms or any other guns, the propelling force of which is gunpowder, while intentionally without malice, aimed at or toward any person; or

(d)

maims or injures any other person by the discharge of any firearm or any other gun, the propelling force of which is gunpowder, pointed or aimed intentionally, but without malice, at any such person, is guilty of a class A misdemeanor.

Source: Section 265.35 — Prohibited use of weapons, https://www.­nysenate.­gov/legislation/laws/PEN/265.­35 (updated Sep. 22, 2014; accessed Apr. 13, 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
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 265.35’s source at nysenate​.gov

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