Unlawful Possession of a Weapon Laws in New York
Weapons laws are all-encompassing, and deal with almost every contingency when it comes to their use, sale and discharge. The New York statutes dedicate the highest number of laws within the weapons issue to unlawful possession, and the statutes are separated by degrees of severity. Below is a breakdown of these statutes and the sanctions attached to a conviction for each.
§ 265.04 Criminal possession of a weapon in the first degree.
A person is guilty of criminal possession of a weapon in the first degree when such person:
- possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or
- possesses ten or more firearms.
Criminal possession of a weapon in the first degree is a class B felony.
§ 265.03 Criminal possession of a weapon in the second degree.
A person is guilty of criminal possession of a weapon in the second degree when:
- with intent to use the same unlawfully against another, such person:
- possesses a machine-gun; or
- possesses a loaded firearm; or
- possesses a disguised gun; or
- such person possesses five or more firearms; or
- such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.
Criminal possession of a weapon in the second degree is a class C felony.
§ 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third degree when:
- Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or
- Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or
- Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or
- (i) Such person possesses three or more firearms;
Criminal possession of a weapon in the third degree is a class D felony.
§ 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:
- He possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or "Kung Fu star";
Criminal possession of a weapon in the fourth degree is a class A misdemeanor.
The penalties for conviction of any of these statutes can range from one year of incarceration for a Class A misdemeanor to a maximum of 25 years in prison for unlawful possession of weapons in the first degree. If you face this situation, contact the Blanch Law Firm today to schedule an initial consultation.
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