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CJI2d[NY] PENAL LAW ARTICLE 265


Firearms & Other Dangerous Weapons


OFFENSE PENAL LAW DESCRIPTION WPD PDF
CRIMINAL POSSESSION OF A WEAPON 4 265.01(1) Possession of Firearm WP PDF
Possession of Per Se Weapons other than Firearms WP PDF
265.01(2) Possession With Intent to Use Unlawfully WP PDF
265.01(3)  repealed and reenacted as 265.01-a. Penal Law § 265.01(3) [“criminal possession of a weapon in the fourth  degree”], was repealed and reenacted verbatim as Penal Law § 265.01-a ["criminal possession of a weapon on school grounds"], effective March 16, 2013. Thus, except for the name of the crime, the charge for Penal Law § 265.01-a may be used for a Penal Law § 265.01(3) crime committed prior to March 16, 2013 as explained in footnote one of the charge.
265.01(4) Possession of Rifle or Shotgun; Previous Conviction WP PDF
265.01(5) No Charge Prepared    
265.01(6) Possession of Rifle or Shotgun by Person Certified Not Suitable WP PDF
265.01(7) Possession of Explosive Bullet WP PDF
265.01(8) Possession of Armor Piercing Ammunition WP PDF
 
CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS 265.01-a
formerly 265.01(3)
  WP PDF
 
CRIMINAL POSSESSION OF A FIREARM 265.01-b(1) Possession of any Firearm WP PDF
 
CRIMINAL POSSESSION OF A FIREARM 265.01-b(2) Failure to Register WP PDF
 
CRIMINAL POSSESSION OF A WEAPON 3 265.02(1) Possession of Weapon; Previous Conviction WP PDF
265.02(2) Possession of Bomb, Silencer, Etc WP PDF
265.02(3) Possession of Defaced Weapon WP PDF
265.02(5)(i) Possession of Three or More Firearms WP PDF
265.02(5)(ii) Possession of Firearm; Prior Conviction WP PDF
265.02(6) Possession of Disguised Gun WP PDF
265.02(7) Possession of Assault Weapon WP PDF
265.02(8) No Charge Prepared    
 
CRIMINAL POSSESSION OF A WEAPON 2 265.03(1)(a) Machine-Gun With Intent To Use Unlawfully WP PDF
265.03(1)(b) Loaded Firearm With Intent To Use Unlawfully WP PDF
265.03(1)(c) Disguised Gun With Intent To Use Unlawfully WP PDF
265.03(2) 5 or More Firearms WP PDF
265.03(3) Possession of Loaded Pistol or Revolver, Not in Home or Place of Business WP PDF
 
CRIMINAL POSSESSION OF A WEAPON 1 265.04(1) Possession of Explosive with Intent To Use Unlawfully WP PDF
265.04(2) 10 or More Firearms WP PDF
 
UNLAWFUL POSSESSION OF WEAPONS BY PERSONS UNDER 16 265.05 No Charge Prepared  
UNLAWFUL POSSESSION OF WEAPONS UPON SCHOOL GROUNDS 265.06 No Charge Prepared  
 
CRIMINAL USE OF A FIREARM 2 265.08(1) C felony & Possession of deadly weapon WP PDF
265.08(2) C felony & Displays weapon WP PDF
CRIMINAL USE OF A FIREARM 1 265.09(1)(a) B felony & Possession of Deadly Weapon WP PDF
265.09(1)(b) B felony & Displays weapon WP PDF
 
MANUFACTURE, TRANSPORT, DISPOSITION & DEFACEMENT OF WEAPONS & DANGEROUS INSTRUMENTS & APPLIANCES 265.10 No Charge Prepared  
 
CRIMINAL SALE OF A FIREARM 3 265.11(1) Sells Firearm or Ammunition Device WP PDF
265.11(2) Possesses Firearm with Intent to Sell WP PDF
CRIMINAL SALE OF A FIREARM 2 265.12(1) 5 or more WP PDF
265.12(2) 5 or more within one year WP PDF
CRIMINAL SALE OF A FIREARM 1 265.13(1) 10 or more WP PDF
265.13(2) 10 or more within one year WP PDF
 
CRIMINAL SALE OF A FIREARM WITH THE AID OF A MINOR 265.14 No Charge Prepared  
CRIMINAL SALE OF A FIREARM TO A MINOR 265.16 No Charge Prepared  
 
CRIMINAL PURCHASE OF A WEAPON 265.17(3) - WP PDF
 
AGGRAVATED CRIMINAL POSSESSION OF A WEAPON 265.19 Possess a loaded firearm and commits violent or drug trafficing felony WP PDF
 
PROHIBITED USE OF WEAPONS 265.35 No Charge Prepared  
ADDITIONAL CHARGES
DEFINITION OF FIREARM AS OTHER THAN A PISTOL OR REVOLVER 265.00(3) - WP PDF
CONSTRUCTIVE POSSESSION 10.00(8) - WP PDF
INTENT TO USE UNLAWFULLY AND JUSTIFICATION   - WP PDF
PRESUMPTION OF POSSESSION FROM PRESENCE OF MACHINE-GUN IN ROOM, DWELLING,  STRUCTURE OR VEHICLE 265.15(1) - WP PDF
PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN STOLEN VEHICLE 265.15(2) - WP PDF
PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN AUTOMOBILE 265.15(3) - WP PDF
PRESUMPTION OF UNLAWFUL INTENT 265.15(4) - WP PDF