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New York Penal - Article 265 - § 265.01 Criminal Possession of a Weapon in the Fourth Degree

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Penal 
 
  § 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); or
    (4) 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
    (5)  He  possesses any dangerous or deadly weapon and is not a citizen
  of the United States; or
    (6) 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  there retained until the aforesaid certificate has been rescinded by the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.
    (7)  He knowingly possesses a bullet containing an explosive substance
  designed to detonate upon impact.
    (8) He possesses any armor piercing ammunition with intent to use  the
  same unlawfully against another.
    Criminal  possession  of  a  weapon  in the fourth degree is a class A
  misdemeanor.
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