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Weapon Charges

Criminal Possession of a Weapon charges in New York are generally viewed more seriously by the prosecution than nonviolent offenses.
The lowest level weapon charge under the New York Penal Law is Criminal Possession of a Weapon in the Fourth Degree. This charge is an “A” Misdemeanor. All other possession of weapon charges in New York are felony charges.
 
Criminal Possession of a Weapon in the Fourth Degree is the most common weapon charge issued in New York. Below is the statute defining the elements of the offense of Criminal Possession of a Weapon in the Fourth Degree.
 
265.01 Criminal possession of a weapon in the fourth degree.
 
A person  is  guilty of criminal possession of a weapon in the fourth degree when:
  1. He or she possesses any firearm, electronic dart  gun,  electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal  knuckles,  chuka  stick,  sand  bag,  sandclub,  wrist-brace type slingshot or slungshot, shirken or "Kung Fu star"; or
  2. He possesses any dagger, dangerous knife, dirk,  razor,  stiletto, imitation  pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or
  3. He  possesses  a  rifle,  shotgun,  antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense; or
  4. He possesses any dangerous or deadly weapon and is not  a  citizen of the United States; or
  5. He  is  a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of  section  265.00, and refuses to yield possession of such rifle or shotgun upon the demand of  a  police  officer.  Whenever  a person is certified not suitable to possess a rifle or shotgun, a member of the police department  to  which such  certification  is  made,  or  of the state police, shall forthwith seize any rifle or shotgun possessed by such person. A rifle or  shotgun seized as herein provided shall not be destroyed, but shall be delivered to  the  headquarters  of  such  police department, or state police, and  there retained until the aforesaid certificate has been rescinded by the director or physician in charge, or other disposition of such  rifle  or shotgun  has  been  ordered  or  authorized  by  a  court  of  competent jurisdiction.
  6. He knowingly possesses a bullet containing an explosive  substance designed to detonate upon impact.
  7. He possesses any armor piercing ammunition with intent to use the same unlawfully against another.
 
Below is a list of the different types of Criminal Possession of Weapon Offenses provided under the New York State Penal Code
  • Section 265.01 Criminal possession of a weapon in the fourth degree
  • Section 265.01-a  Criminal possession of a weapon on school grounds
  • Section 265.01-b  Criminal possession of a firearm
  • Section 265.02 Criminal possession of a weapon in the third degree
  • Section 265.03 Criminal possession of a weapon in the second degree
  • Section 265.04 Criminal possession of a weapon in the first degree
  • Section 265.05 Unlawful possession of weapons by persons under sixteen
  • Section 265.06 Unlawful possession of a weapon upon school grounds
  • Section 265.08 Criminal use of a firearm in the second degree
  • Section 265.09 Criminal use of a firearm in the first degree
  • Section 265.10 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
  • Section 265.11 Criminal sale of a firearm in the third degree
  • Section 265.12 Criminal sale of a firearm in the second degree
  • Section 265.13 Criminal sale of a firearm in the first degree
  • Section 265.14 Criminal sale of a firearm with the aid of a minor
  • Section 265.16 Criminal sale of a firearm to a minor
  • Section 265.17 Criminal purchase of a weapon
  • Section 265.35 Prohibited use of weapons
  • Section 265.40 Purchase of rifles and/or shotguns in contiguous states
 
 
If you have been charged with Criminal Possession of a Weapon offense, please call the 
Law office of Gary S. Miller at (631) 666-3300