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New York Penal - Article 265 - § 265.00 Definitions

Legal Research Home > New York Laws > Penal > New York Penal - Article 265 - § 265.00 Definitions


Penal 
 
  § 265.00 Definitions.
    As  used  in  this  article and in article four hundred, the following
  terms shall mean and include:
    1. "Machine-gun" means a weapon of any  description,  irrespective  of
  size, by whatever name known, loaded or unloaded, from which a number of
  shots  or  bullets  may  be  rapidly  or automatically discharged from a
  magazine with  one  continuous  pull  of  the  trigger  and  includes  a
  sub-machine gun.
    2.  "Firearm  silencer"  means  any  instrument, attachment, weapon or
  appliance for causing the firing of any gun, revolver, pistol  or  other
  firearms  to be silent, or intended to lessen or muffle the noise of the
  firing of any gun, revolver, pistol or other firearms.
    3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
  one or more barrels less than eighteen inches in length; or (c) a  rifle
  having  one  or  more barrels less than sixteen inches in length; or (d)
  any  weapon  made  from  a  shotgun  or  rifle  whether  by  alteration,
  modification,  or  otherwise  if  such  weapon  as altered, modified, or
  otherwise has an overall length of less than twenty-six inches;  or  (e)
  an assault weapon. For the purpose of this subdivision the length of the
  barrel  on  a  shotgun  or  rifle  shall  be determined by measuring the
  distance between the muzzle  and  the  face  of  the  bolt,  breech,  or
  breechlock  when  closed  and  when  the shotgun or rifle is cocked; the
  overall length of a weapon made from a shotgun or rifle is the  distance
  between the extreme ends of the weapon measured along a line parallel to
  the  center  line  of  the  bore.  Firearm  does  not include an antique
  firearm.
    4. "Switchblade knife" means any knife which has a blade  which  opens
  automatically  by  hand  pressure  applied  to a button, spring or other
  device in the handle of the knife.
    5. "Gravity knife" means any knife which has a blade which is released
  from the handle or sheath  thereof  by  the  force  of  gravity  or  the
  application  of  centrifugal  force  which,  when released, is locked in
  place by means of a button, spring, lever or other device.
    5-a. "Pilum ballistic knife" means any knife which has a  blade  which
  can  be  projected from the handle by hand pressure applied to a button,
  lever, spring or other device in the handle of the knife.
    5-b. "Metal knuckle knife" means a weapon that,  when  closed,  cannot
  function  as a set of plastic knuckles or metal knuckles, nor as a knife
  and when open, can function as both a set of plastic knuckles  or  metal
  knuckles as well as a knife.
    5-c.  "Automatic  knife"  includes  a stiletto, a switchblade knife, a
  gravity knife, a cane sword,  a  pilum  ballistic  knife,  and  a  metal
  knuckle knife.
    6.  "Dispose  of"  means  to dispose of, give, give away, lease, loan,
  keep for sale, offer, offer  for  sale,  sell,  transfer  and  otherwise
  dispose of.
    7.  "Deface"  means  to  remove,  deface,  cover, alter or destroy the
  manufacturer's serial number  or  any  other  distinguishing  number  or
  identification mark.
    8.  "Gunsmith"  means  any  person,  firm, partnership, corporation or
  company who engages in the business of repairing, altering,  assembling,
  manufacturing,   cleaning,  polishing,  engraving  or  trueing,  or  who
  performs any  mechanical  operation  on,  any  firearm,  large  capacity
  ammunition feeding device or machine-gun.
    9.   "Dealer   in  firearms"  means  any  person,  firm,  partnership,
  corporation or company  who  engages  in  the  business  of  purchasing,
  selling,  keeping for sale, loaning, leasing, or in any manner disposing

  of, any assault weapon, large capacity ammunition feeding device, pistol
  or revolver.
    10.  "Licensing  officer"  means  in  the  city of New York the police
  commissioner of that city; in the county of Nassau the  commissioner  of
  police  of  that  county;  in  the county of Suffolk the sheriff of that
  county except in the towns of Babylon, Brookhaven, Huntington, Islip and
  Smithtown, the commissioner of police of that county; for  the  purposes
  of  section  400.01  of this chapter the superintendent of state police;
  and elsewhere in the state a judge or  justice  of  a  court  of  record
  having his office in the county of issuance.
    11. "Rifle" means a weapon designed or redesigned, made or remade, and
  intended  to  be  fired from the shoulder and designed or redesigned and
  made or remade to use the energy of the explosive in  a  fixed  metallic
  cartridge  to  fire  only  a single projectile through a rifled bore for
  each single pull of the trigger.
    12. "Shotgun" means a weapon designed or redesigned, made  or  remade,
  and  intended  to  be fired from the shoulder and designed or redesigned
  and made or remade to use the energy of the explosive in a fixed shotgun
  shell to fire through a smooth bore either a number of ball  shot  or  a
  single projectile for each single pull of the trigger.
    13. "Cane Sword" means a cane or swagger stick having concealed within
  it a blade that may be used as a sword or stilletto.
    * 14. "Antique firearm" means:
    Any  unloaded  muzzle  loading  pistol  or  revolver with a matchlock,
  flintlock, percussion cap, or similar type  of  ignition  system,  or  a
  pistol  or  revolver  which  uses  fixed  cartridges which are no longer
  available in the ordinary channels of commercial trade.
    * NB There are 2 sb 14's
    * 14. "Chuka stick" means any device designed primarily as  a  weapon,
  consisting of two or more lengths of a rigid material joined together by
  a  thong,  rope or chain in such a manner as to allow free movement of a
  portion of the device while held  in  the  hand  and  capable  of  being
  rotated  in  such a manner as to inflict serious injury upon a person by
  striking or choking. These devices  are  also  known  as  nunchakus  and
  centrifugal force sticks.
    * NB There are 2 sb 14's
    15.  "Loaded  firearm" means any firearm loaded with ammunition or any
  firearm which is possessed by one who, at the  same  time,  possesses  a
  quantity of ammunition which may be used to discharge such firearm.
    15-a.  "Electronic  dart gun" means any device designed primarily as a
  weapon, the purpose of which  is  to  momentarily  stun,  knock  out  or
  paralyze a person by passing an electrical shock to such person by means
  of a dart or projectile.
    15-b. "Kung Fu star" means a disc-like object with sharpened points on
  the  circumference thereof and is designed for use primarily as a weapon
  to be thrown.
    15-c. "Electronic stun gun" means any device designed primarily  as  a
  weapon,  the  purpose  of which is to stun, cause mental disorientation,
  knock out or paralyze a person by  passing  a  high  voltage  electrical
  shock to such person.
    16.  "Certified not suitable to possess a self-defense spray device, a
  rifle or shotgun" means that the director or physician in charge of  any
  hospital  or  institution  for  mental  illness,  public or private, has
  certified to the superintendent of state  police  or  to  any  organized
  police department of a county, city, town or village of this state, that
  a  person  who  has  been judicially adjudicated incompetent, or who has
  been confined  to  such  institution  for  mental  illness  pursuant  to
  judicial  authority,  is  not  suitable  to possess a self-defense spray

  device, as defined in section 265.20 of this  article,  or  a  rifle  or
  shotgun.
    17.  "Serious offense" means (a) any of the following offenses defined
  in the former penal law as in force  and  effect  immediately  prior  to
  September first, nineteen hundred sixty-seven: illegally using, carrying
  or  possessing  a pistol or other dangerous weapon; making or possessing
  burglar's instruments; buying or  receiving  stolen  property;  unlawful
  entry  of a building; aiding escape from prison; that kind of disorderly
  conduct defined in subdivisions six and eight of section  seven  hundred
  twenty-two of such former penal law; violations of sections four hundred
  eighty-three,  four  hundred  eighty-three-b, four hundred eighty-four-h
  and article one hundred six of such  former  penal  law;  that  kind  of
  criminal  sexual  act  or  rape  which  was designated as a misdemeanor;
  violation of  section  seventeen  hundred  forty-seven-d  and  seventeen
  hundred  forty-seven-e  of  such  former penal law; any violation of any
  provision of article thirty-three of the public health law  relating  to
  narcotic  drugs  which was defined as a misdemeanor by section seventeen
  hundred fifty-one-a of such former penal law, and any violation  of  any
  provision of article thirty-three-A of the public health law relating to
  depressant  and  stimulant  drugs  which was defined as a misdemeanor by
  section seventeen hundred forty-seven-b of such former penal law.
    * (b) any  of  the  following  offenses  defined  in  the  penal  law:
  illegally  using,  carrying  or  possessing  a pistol or other dangerous
  weapon; possession of burglar's tools;  criminal  possession  of  stolen
  property  in  the  third  degree;  escape in the third degree; jostling;
  fraudulent accosting; endangering the welfare of a child;  the  offenses
  defined in article two hundred thirty-five; issuing abortional articles;
  permitting  prostitution;  promoting  prostitution  in the third degree;
  stalking in the  fourth  degree;  stalking  in  the  third  degree;  the
  offenses  defined in article one hundred thirty; the offenses defined in
  article two hundred twenty.
    * NB There are 2 par. b's
    * (b) any  of  the  following  offenses  defined  in  the  penal  law:
  illegally  using,  carrying  or  possessing  a pistol or other dangerous
  weapon; possession of burglar's tools;  criminal  possession  of  stolen
  property  in  the  third  degree;  escape in the third degree; jostling;
  fraudulent accosting; endangering the welfare of a child;  the  offenses
  defined in article two hundred thirty-five; issuing abortional articles;
  permitting  prostitution;  promoting  prostitution  in the third degree;
  stalking in the  third  degree;  stalking  in  the  fourth  degree;  the
  offenses  defined in article one hundred thirty; the offenses defined in
  article two hundred twenty.
    * NB There are 2 par. b's
    18. "Armor piercing ammunition" means any ammunition capable of  being
  used in pistols or revolvers containing a projectile or projectile core,
  or  a  projectile or projectile core for use in such ammunition, that is
  constructed  entirely  (excluding  the  presence  of  traces  of   other
  substances)  from one or a combination of any of the following: tungsten
  alloys, steel, iron, brass, bronze, beryllium copper, or uranium.
    19. "Duly authorized instructor" means (a) a duly commissioned officer
  of the United States army, navy, marine corps or coast guard, or of  the
  national  guard  of the state of New York; or (b) a duly qualified adult
  citizen of the United States who has been granted a  certificate  as  an
  instructor in small arms practice issued by the United States army, navy
  or  marine  corps,  or  by the adjutant general of this state, or by the
  national rifle association of America, a not-for-profit corporation duly
  organized under the laws  of  this  state;  or  (c)  by  a  person  duly
  qualified and designated by the department of environmental conservation

  under  paragraph  d  of  subdivision  six  of  section  11-0713  of  the
  environmental conservation law as its agent in the giving of instruction
  and the making of certifications of qualification in responsible hunting
  practices.
    20.  "Disguised  gun"  means  any  weapon  or  device capable of being
  concealed on the person from which a shot can be discharged through  the
  energy  of  an  explosive  and  is designed and intended to appear to be
  something other than a gun.
    21. "Semiautomatic" means any  repeating  rifle,  shotgun  or  pistol,
  regardless  of barrel or overall length, which utilizes a portion of the
  energy of a firing cartridge or shell to  extract  the  fired  cartridge
  case  or  spent  shell  and chamber the next round, and which requires a
  separate pull of the trigger to fire each cartridge or shell.
    22. "Assault weapon" means
    (a) a semiautomatic rifle that has an ability to accept  a  detachable
  magazine and has at least one of the following characteristics:
    (i) a folding or telescoping stock;
    (ii)  a pistol grip that protrudes conspicuously beneath the action of
  the weapon;
    (iii) a thumbhole stock;
    (iv) a second handgrip or a protruding grip that can be  held  by  the
  non-trigger hand;
    (v) a bayonet mount;
    (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded
  barrel  designed  to  accommodate  a  flash suppressor, muzzle break, or
  muzzle compensator;
    (vii) a grenade launcher; or
    (b) a semiautomatic shotgun that has at least  one  of  the  following
  characteristics:
    (i) a folding or telescoping stock;
    (ii) a thumbhole stock;
    (iii)  a  second handgrip or a protruding grip that can be held by the
  non-trigger hand;
    (iv) a fixed magazine capacity in excess of seven rounds;
    (v) an ability to accept a detachable magazine; or
    (c) a semiautomatic pistol that has an ability to accept a  detachable
  magazine and has at least one of the following characteristics:
    (i) a folding or telescoping stock;
    (ii) a thumbhole stock;
    (iii)  a  second handgrip or a protruding grip that can be held by the
  non-trigger hand;
    (iv) capacity to accept an ammunition magazine that  attaches  to  the
  pistol outside of the pistol grip;
    (v)  a  threaded  barrel capable of accepting a barrel extender, flash
  suppressor, forward handgrip, or silencer;
    (vi) a  shroud  that  is  attached  to,  or  partially  or  completely
  encircles,  the  barrel and that permits the shooter to hold the firearm
  with the non-trigger hand without being burned;
    (vii) a manufactured weight of fifty ounces or more when the pistol is
  unloaded; or
    (viii) a semiautomatic version  of  an  automatic  rifle,  shotgun  or
  firearm;
    (d) a revolving cylinder shotgun;
    (e)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
  pistol or weapon  defined  in  subparagraph  (v)  of  paragraph  (e)  of
  subdivision  twenty-two  of  section  265.00 of this chapter as added by
  chapter one  hundred  eighty-nine  of  the  laws  of  two  thousand  and

  otherwise lawfully possessed pursuant to such chapter of the laws of two
  thousand prior to September fourteenth, nineteen hundred ninety-four;
    (f)  a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
  pistol  or  weapon  defined  in  paragraph  (a),  (b)  or  (c)  of  this
  subdivision,  possessed prior to the date of enactment of the chapter of
  the laws of two thousand thirteen which added this paragraph;
    (g) provided, however, that such term does not include:
    (i) any rifle, shotgun or pistol that  (A)  is  manually  operated  by
  bolt,  pump,  lever  or  slide action; (B) has been rendered permanently
  inoperable; or (C) is  an  antique  firearm  as  defined  in  18  U.S.C.
  921(a)(16);
    (ii)  a  semiautomatic  rifle that cannot accept a detachable magazine
  that holds more than five rounds of ammunition;
    (iii) a semiautomatic shotgun that cannot hold more than  five  rounds
  of ammunition in a fixed or detachable magazine; or
    (iv)  a rifle, shotgun or pistol, or a replica or a duplicate thereof,
  specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured
  on October first, nineteen hundred ninety-three. The mere  fact  that  a
  weapon  is  not listed in Appendix A shall not be construed to mean that
  such weapon is an assault weapon;
    (v) any weapon validly registered pursuant to subdivision sixteen-a of
  section 400.00 of this chapter. Such weapons shall  be  subject  to  the
  provisions of paragraph (h) of this subdivision;
    (vi)  any  firearm,  rifle,  or shotgun that was manufactured at least
  fifty years prior to  the  current  date,  but  not  including  replicas
  thereof  that is validly registered pursuant to subdivision sixteen-a of
  section 400.00 of this chapter;
    (h) Any weapon defined in paragraph (e) or (f) of this subdivision and
  any large capacity ammunition feeding device that was legally  possessed
  by  an  individual  prior to the enactment of the chapter of the laws of
  two thousand thirteen which added this paragraph, may only be  sold  to,
  exchanged  with or disposed of to a purchaser authorized to possess such
  weapons or to an individual or entity outside of the state provided that
  any such transfer to an individual or entity outside of the  state  must
  be  reported  to  the  entity  wherein  the  weapon is registered within
  seventy-two hours of such transfer. An individual who transfers any such
  weapon or large capacity ammunition device to an individual  inside  New
  York  state  or  without complying with the provisions of this paragraph
  shall be guilty of a class A  misdemeanor  unless  such  large  capacity
  ammunition  feeding  device,  the possession of which is made illegal by
  the chapter of the laws  of  two  thousand  thirteen  which  added  this
  paragraph,  is  transferred within one year of the effective date of the
  chapter of the laws of two thousand thirteen which added this paragraph.
    23. "Large capacity ammunition feeding device" means a magazine, belt,
  drum, feed strip, or similar device, that (a) has a capacity of, or that
  can be readily restored or converted to accept, more than ten rounds  of
  ammunition,  or  * (b) contains more than seven rounds of ammunition, or
  (c) is obtained after the effective date of the chapter of the  laws  of
  two  thousand thirteen which amended this subdivision and has a capacity
  of, or that can be readily restored or converted to  accept,  more  than
  seven rounds of ammunition
    * NB  Suspended and NOT Effective per ch 1/2013 § 58, as amended by ch
  57/2013 Pt. FF § 4
    ; provided, however, that such  term  does  not  include  an  attached
  tubular  device  designed to accept, and capable of operating only with,
  .22 caliber rimfire ammunition or a feeding device that is  a  curio  or
  relic.  A feeding device that is a curio or relic is defined as a device
  that  (i)  was  manufactured  at  least fifty years prior to the current

  date, (ii) is only capable of  being  used  exclusively  in  a  firearm,
  rifle,  or  shotgun  that was manufactured at least fifty years prior to
  the current date, but not including replicas thereof, (iii) is possessed
  by  an  individual  who  is  not prohibited by state or federal law from
  possessing a firearm and (iv) is registered with the division  of  state
  police  pursuant  to  subdivision  sixteen-a  of  section 400.00 of this
  chapter, except such feeding devices transferred into the state  may  be
  registered  at any time, provided they are registered within thirty days
  of their transfer into  the  state.  Notwithstanding  paragraph  (h)  of
  subdivision  twenty-two  of  this  section,  such feeding devices may be
  transferred  provided  that  such  transfer  shall  be  subject  to  the
  provisions  of  section  400.03  of  this  chapter  including  the check
  required to be conducted pursuant to such section.
    24. "Seller  of  ammunition"  means  any  person,  firm,  partnership,
  corporation  or  company  who  engages  in  the  business of purchasing,
  selling or keeping ammunition.
    25. "Qualified retired New York or federal  law  enforcement  officer"
  means an individual who is a retired police officer as police officer is
  defined  in  subdivision  thirty-four  of  section  1.20 of the criminal
  procedure law, a retired peace officer as peace officer  is  defined  in
  section  2.10  of  the  criminal  procedure law or a retired federal law
  enforcement officer as federal law enforcement  officer  is  defined  in
  section  2.15  of  the  criminal  procedure law, who: (a) separated from
  service in good standing from a public agency located in New York  state
  in which such person served as either a police officer, peace officer or
  federal  law  enforcement  officer;  and (b) before such separation, was
  authorized by law to engage in or supervise the  prevention,  detection,
  investigation,  or  prosecution  of,  or the incarceration of any person
  for, any violation of law, and had statutory powers of arrest,  pursuant
  to  their official duties, under the criminal procedure law; and (c) (i)
  before such separation, served as either a police officer, peace officer
  or federal law enforcement officer for five years or  more  and  at  the
  time  of  separation, is such an officer; or (ii) separated from service
  with such agency, after completing any applicable probationary period of
  such service, due to a service-connected disability,  as  determined  by
  such agency at or before the time of separation; and (d)(i) has not been
  found  by a qualified medical professional employed by such agency to be
  unqualified for reasons relating to  mental  health;  or  (ii)  has  not
  entered  into an agreement with such agency from which the individual is
  separating from service in which that individual acknowledges he or  she
  is  not  qualified for reasons relating to mental health; and (e) is not
  otherwise prohibited by New York or  federal  law  from  possessing  any
  firearm.
Section:  Previous  Article 265  265.00  265.01  265.01-A  265.01-B  265.02  265.03  265.04  265.05  265.06  265.08  265.09  265.10  265.11  265.12  Next

Last modified: February 16, 2014