CJI2d[NY] PENAL LAW
ARTICLE 265
Firearms & Other Dangerous
Weapons
| OFFENSE | PENAL LAW | DESCRIPTION | WORD PERFECT |
ADOBE (PDF) |
| CRIMINAL
POSSESSION OF A WEAPON 4 |
265.01(1) | Possession of Firearm | WP | |
| Possession
of Per Se Weapons other than Firearms |
WP | |||
| 265.01(2) | Possession With Intent to Use Unlawfully | WP | ||
| 265.01(3) repealed and reenacted as 265.01-a. |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degree”], was repealed and reenacted verbatim as Penal Law § 265.01-a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 | ||
| 265.01(5) | No Charge Prepared | |||
| 265.01(6) | Possession of Rifle or Shotgun by Person Certified Not Suitable | WP | ||
| 265.01(7) | Possession of Explosive Bullet | WP | ||
| 265.01(8) | Possession of Armor Piercing Ammunition | WP | ||
| CRIMINAL
POSSESSION OF A WEAPON ON SCHOOL GROUNDS | 265.01-a formerly 265.01(3) | WP | ||
| CRIMINAL
POSSESSION OF A FIREARM | 265.01-b(1) | Possession of any Firearm | WP | |
| CRIMINAL
POSSESSION OF A FIREARM | 265.01-b(2) | Failure to Register | WP | |
| CRIMINAL
POSSESSION OF A WEAPON 3 |
265.02(1) | Possession
of Weapon; Previous Conviction |
WP | |
| 265.02(2) | Possession of Bomb, Silencer, Etc | WP | ||
| 265.02(3) | Possession of Defaced Weapon | WP | ||
| 265.02(5)(i) | Possession of Three or More Firearms | WP | ||
| 265.02(5)(ii) | Possession
of Firearm; Prior Conviction |
WP | ||
| 265.02(6) | Possession of Disguised Gun | WP | ||
| 265.02(7) | Possession of Assault Weapon | WP | ||
| 265.02(8) | No Charge Prepared | |||
| CRIMINAL
POSSESSION OF A WEAPON 2 |
265.03(1)(a) | Machine-Gun With Intent To Use Unlawfully | WP | |
| 265.03(1)(b) | Loaded Firearm With Intent To Use Unlawfully | WP | ||
| 265.03(1)(c) | Disguised Gun With Intent To Use Unlawfully | WP | ||
| 265.03(2) | 5 or More Firearms | WP | ||
| 265.03(3) | Possession of Loaded Pistol or Revolver, Not in Home or Place of Business | WP | ||
| CRIMINAL
POSSESSION OF A WEAPON 1 |
265.04(1) | Possession
of Explosive with Intent To Use Unlawfully |
WP | |
| 265.04(2) | 10 or More Firearms | WP | ||
| 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 | |
| 265.08(2) | C felony & Displays weapon | WP | ||
| CRIMINAL
USE OF A FIREARM 1 |
265.09(1)(a) | B felony & Possession of Deadly Weapon | WP | |
| 265.09(1)(b) | B felony & Displays weapon | WP | ||
| 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 | |
| 265.11(2) | Possesses Firearm with Intent to Sell | WP | ||
| CRIMINAL
SALE OF A FIREARM 2 |
265.12(1) | 5 or more | WP | |
| 265.12(2) | 5 or more within one year | WP | ||
| CRIMINAL
SALE OF A FIREARM 1 |
265.13(1) | 10 or more | WP | |
| 265.13(2) | 10 or more within one year | WP | ||
| 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 | No Charge Prepared | ||
| AGGRAVATED CRIMINAL POSSESSION OF A WEAPON | 265.19 | Possess a loaded firearm and commits violent or drug trafficing felony | WP | |
| PROHIBITED USE OF WEAPONS | 265.35 | No Charge Prepared | ||
ADDITIONAL CHARGES
|
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| DEFINITION
OF FIREARM AS OTHER THAN A PISTOL OR REVOLVER |
265.00(3) | - | WP | |
| CONSTRUCTIVE POSSESSION | 10.00(8) | - | WP | |
| INTENT TO USE UNLAWFULLY AND JUSTIFICATION | - | WP | ||
| PRESUMPTION
OF POSSESSION FROM PRESENCE OF MACHINE-GUN IN ROOM, DWELLING, STRUCTURE OR VEHICLE |
265.15(1) | - | WP | |
| PRESUMPTION
OF POSSESSION FROM PRESENCE OF WEAPON IN STOLEN VEHICLE |
265.15(2) | - | WP | |
| PRESUMPTION
OF POSSESSION FROM PRESENCE OF WEAPON IN AUTOMOBILE |
265.15(3) | - | WP | |
| PRESUMPTION OF UNLAWFUL INTENT | 265.15(4) | - | WP | |