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New York Penal Law Section 265.15 - Presumptions Of Possession, Unlawful Intent And Defacement.

Legal Research Home > New York Lawyer > Penal > New York Penal Law Section 265.15 - Presumptions Of Possession, Unlawful Intent And Defacement.

 
    § 265.15 Presumptions of possession, unlawful intent and defacement.
    1.  The  presence  in  any room, dwelling, structure or vehicle of any
  machine-gun is presumptive evidence of its unlawful  possession  by  all
  persons occupying the place where such machine-gun is found.
    2.  The  presence  in  any  stolen  vehicle of any weapon, instrument,
  appliance or substance specified in  sections  265.01,  265.02,  265.03,
  265.04  and  265.05  is  presumptive  evidence  of its possession by all
  persons occupying such vehicle at  the  time  such  weapon,  instrument,
  appliance or substance is found.
    3.  The presence in an automobile, other than a stolen one or a public
  omnibus, of any  firearm,  large  capacity  ammunition  feeding  device,
  defaced  firearm,  defaced  rifle  or  shotgun,  defaced  large capacity
  ammunition feeding device, firearm  silencer,  explosive  or  incendiary
  bomb,  bombshell,  gravity  knife,  switchblade  knife,  pilum ballistic
  knife, metal knuckle knife, dagger, dirk,  stiletto,  billy,  blackjack,
  metal   knuckles,   chuka  stick,  sandbag,  sandclub  or  slungshot  is
  presumptive evidence of its possession by  all  persons  occupying  such
  automobile  at  the  time such weapon, instrument or appliance is found,
  except under the following circumstances: (a) if such weapon, instrument
  or appliance is found upon the person of one of the  occupants  therein;
  (b)  if  such  weapon, instrument or appliance is found in an automobile
  which is being operated for hire by a duly licensed driver in  the  due,
  lawful  and  proper  pursuit  of his or her trade, then such presumption
  shall not apply to the driver; or (c) if the weapon so found is a pistol
  or revolver and one of the occupants, not present under duress,  has  in
  his  or  her  possession a valid license to have and carry concealed the
  same.
    4. The possession by any person  of  the  substance  as  specified  in
  section 265.04 is presumptive evidence of possessing such substance with
  intent  to  use  the  same  unlawfully against the person or property of
  another if such person  is  not  licensed  or  otherwise  authorized  to
  possess  such  substance.  The  possession  by any person of any dagger,
  dirk,  stiletto,  dangerous  knife  or  any  other  weapon,  instrument,
  appliance  or substance designed, made or adapted for use primarily as a
  weapon, is presumptive evidence of intent to  use  the  same  unlawfully
  against another.
    5.  The  possession  by  any person of a defaced machine-gun, firearm,
  rifle or shotgun is presumptive evidence that such  person  defaced  the
  same.
    6.  The  possession  of  five  or  more  firearms  by  any  person  is
  presumptive evidence that such person possessed the  firearms  with  the
  intent to sell same.

Last modified: July 30, 2006