CJI2d[NY] PENAL LAW ARTICLE 265
Firearms & Other Dangerous Weapons
| OFFENSE | DESCRIPTION |
PENAL LAW (docx) |
WPD | |
|---|---|---|---|---|
| CRIMINAL POSSESSION OF A WEAPON 4 | Possession of Firearm | WP | ||
| Possession of Per Se Knife | WP | |||
| Possession of Weapons other than Firearm or Knife | WP | |||
| Possession With Intent to Use Unlawfully | WP | |||
| Penal Law § 265.01(3) was repealed and reenacted verbatim as Penal Law § 265.01-a ["criminal possession of a weapon on school grounds"], effective March 16, 2013.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 | 265.01(3) repealed and reenacted as 265.01-a. |
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| Possession of Rifle or Shotgun; Previous Conviction | 265.01(4) | WP | ||
| No Charge Prepared | 265.01(5) | |||
| Possession of Rifle or Shotgun by Person Certified Not Suitable | 265.01(6) | WP | ||
| Possession of Explosive Bullet | 265.01(7) | WP | ||
| Possession of Armor Piercing Ammunition | 265.01(8) | WP | ||
| CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS | - | 265.01-a formerly 265.01(3) |
WP | |
| CRIMINAL POSSESSION OF A FIREARM | Possession of any Firearm | 265.01-b(1) | WP | |
| CRIMINAL POSSESSION OF A FIREARM | Failure to Register | 265.01-b(2) | WP | |
| CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE | - | 265.01-c | WP | |
| CRIMINAL POSSESSION OF A WEAPON 3 | Possession of Weapon; Previous Conviction | 265.02(1) | WP | |
| Possession of Bomb, Silencer, Etc | 265.02(2) | WP | ||
| Possession of Defaced Weapon | 265.02(3) | WP | ||
| Possession of Three or More Firearms | 265.02(5)(i) | WP | ||
| Possession of Firearm; Prior Conviction | 265.02(5)(ii) | WP | ||
| Possession of Disguised Gun | 265.02(6) | WP | ||
| Possession of Assault Weapon | 265.02(7) | WP | ||
| No Charge Prepared | 265.02(8) | |||
| CRIMINAL POSSESSION OF A WEAPON 2 | Machine-Gun or Disguised Gun With Intent To Use Unlawfully |
WP | ||
| Loaded Firearm With Intent To Use Unlawfully | 265.03(1)(b) | WP | ||
| 5 or More Firearms | 265.03(2) | WP | ||
| Possession of Loaded Firearm NOT in Home or Place of Business | 265.03(3) | WP | ||
Possession of Loaded Firearm, IN Home or Place of Business (with uncontested prior conviction) |
265.03(3) | WP | ||
| CRIMINAL POSSESSION OF A WEAPON 1 | Possession of Explosive with Intent To Use Unlawfully | 265.04(1) | WP | |
| 10 or More Firearms | 265.04(2) | WP | ||
| UNLAWFUL POSSESSION OF WEAPONS BY PERSONS UNDER 16 | No Charge Prepared | 265.05 | ||
| UNLAWFUL POSSESSION OF WEAPONS UPON SCHOOL GROUNDS | No Charge Prepared | 265.06 | ||
| CRIMINAL USE OF A FIREARM 2 | C felony & Possession of deadly weapon | 265.08(1) | WP | |
| C felony & Displays weapon | 265.08(2) | WP | ||
| CRIMINAL USE OF A FIREARM 1 | B felony & Possession of Deadly Weapon | 265.09(1)(a) | WP | |
| B felony & Displays weapon | 265.09(1)(b) | WP | ||
| MANUFACTURE, TRANSPORT, DISPOSITION & DEFACEMENT OF WEAPONS & DANGEROUS INSTRUMENTS & APPLIANCES | No Charge Prepared | 265.10 | ||
| CRIMINAL SALE OF A FIREARM 3 | Sells Firearm or Ammunition Device | 265.11(1) | WP | |
| Possesses Firearm with Intent to Sell | 265.11(2) | WP | ||
| CRIMINAL SALE OF A FIREARM 2 | 5 or more | 265.12(1) | WP | |
| 5 or more within one year | 265.12(2) | WP | ||
| CRIMINAL SALE OF A FIREARM 1 | 10 or more | 265.13(1) | WP | |
| 10 or more within one year | 265.13(2) | WP | ||
| CRIMINAL SALE OF A FIREARM WITH THE AID OF A MINOR | No Charge Prepared | 265.14 | ||
| CRIMINAL SALE OF A FIREARM TO A MINOR | No Charge Prepared | 265.16 | ||
| CRIMINAL PURCHASE OF A WEAPON | - | 265.17(3) | WP | |
| AGGRAVATED CRIMINAL POSSESSION OF A WEAPON | Possess a loaded firearm and commits violent or drug trafficking felony | 265.19 | WP | |
| PROHIBITED USE OF WEAPONS | No Charge Prepared | 265.35 | ||
| FAILURE TO STORE RIFLES, SHOTGUNS, & FIREARMS 1 | - |
265.45 | WP | |
| CRIMINAL POSSESSION OF AN UNDETECTIBLE FIREARM, RIFLE OR SHOTGUN | - |
265.55(2) | WP | |
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 | - | 265 (intent) | 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 | |
