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Possession or Sale of a Firearm or Weapon

§ 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:

  1. possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or
  2. 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:

  1. with intent to use the same unlawfully against another, such person:
    (a)possesses a machine-gun; or
    (b) possesses a loaded firearm; or
    (c) possesses a disguised gun; or
  2. such person possesses five or more firearms; or
  3. 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:

  1. 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
  2. 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
  3. 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
  4. Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business; or
  5. Such person knowingly possesses any disguised gun; or
  6. Such person possesses an assault weapon; or
  7. Such person possesses a large capacity ammunition feeding device.  

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:

  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 or she knowingly has in his or her possession a rifle, shotgun or firearm in or upon a building or grounds, used for educational purposes, of any school, college or university, except the forestry lands, wherever located, owned and maintained by the State University of New York college of environmental science and forestry, or upon a school bus as defined in section one hundred forty-two of the vehicle and traffic law, without the written authorization of such educational institution; or
  4. He possesses a rifle or shotgun 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.

§ 265.11 Criminal sale of a firearm in the third degree

A person is guilty of criminal sale of a firearm in the third degree when such person is not authorized pursuant to law to possess a firearm and such person unlawfully either:

  1. sells, exchanges, gives or disposes of a firearm or large capacity ammunition feeding device to another person; or
  2. possesses a firearm with the intent to sell it.  

Criminal sale of a firearm in the third degree is a class D felony.

§ 265.12 Criminal sale of a firearm in the second degree

A person is guilty of criminal sale of a firearm in the second degree when such person:

  1. unlawfully sells, exchanges, gives or disposes of to another five or more firearms; or
  2. unlawfully sells, exchanges, gives or disposes of to another person or persons a total of five or more firearms in a period of not more than one year.  

Criminal sale of a firearm in the second degree is a class C felony.

§ 265.13 Criminal sale of a firearm in the first degree

A person is guilty of criminal sale of a firearm in the first degree when such person:

  1. unlawfully sells, exchanges, gives or disposes of to another ten or more firearms; or
  2. unlawfully sells, exchanges, gives or disposes of to another person or persons a total of ten or more firearms in a period of not more than one year.  

Criminal sale of a firearm in the first degree is a class B felony.

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