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Article 265 - NY Penal Law

FIREARMS AND OTHER DANGEROUS WEAPONS

265.00 Definitions.
265.01 Criminal possession of a weapon in the fourth degree. A MISD
265.01-A Criminal possession of a weapon on school grounds. E FELONY
265.01-B Criminal possession of a firearm. E FELONY
265.02 Criminal possession of a weapon in the third degree. D FELONY
265.03 Criminal possession of a weapon in the second degree. C FELONY
265.04 Criminal possession of a dangerous weapon in the first degree. B FELONY
265.05 Unlawful possession of weapons by persons under sixteen. JD
265.06 Unlawful possession of a weapon upon school grounds. VIOLATION
265.08 Criminal use of a firearm in the second degree. C FELONY
265.09 Criminal use of a firearm in the first degree. B FELONY
265.10 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.
265.11 Criminal sale of a firearm in the third degree. D FELONY
265.12 Criminal sale of a firearm in the second degree. C FELONY
265.13 Criminal sale of a firearm in the first degree. B FELONY
265.14 Criminal sale of a firearm with the aid of a minor. C FELONY
265.15 Presumptions of possession, unlawful intent and defacement.
265.16 Criminal sale of a firearm to a minor. C FELONY
265.17 Criminal purchase or disposal of a weapon. A MISD
265.19 Aggravated criminal possession of a weapon. C FELONY
265.20 Exemptions.
265.25 Certain wounds to be reported. A MISD
265.26 Burn injury and wounds to be reported. A MISD
265.30 Certain convictions to be reported.
265.35 Prohibited use of weapons. MISD / FELONY
265.36 Unlawful possession of a large capacity ammunition feeding device. A MISD
265.37 Unlawful possession of certain ammunition feeding devices. MISD
265.40 Purchase of rifles and/or shotguns in contiguous states.
265.45 Safe storage of rifles, shotguns, and firearms. A MISD
S 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.

S 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.

§ 265.01-a Criminal possession of a weapon on school grounds.
    A  person  is  guilty  of  criminal  possession  of a weapon on school
  grounds when 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.
    Criminal possession of a weapon on school grounds is a class E felony.

§ 265.01-b Criminal possession of a firearm.
    A person is guilty of criminal possession of a firearm when he or she:
  (1)  possesses any firearm or; (2) lawfully possesses a firearm prior to
  the effective date of the chapter of the laws of two  thousand  thirteen
  which  added  this  section  subject to the registration requirements of
  subdivision sixteen-a of section 400.00 of this  chapter  and  knowingly
  fails to register such firearm pursuant to such subdivision.
    Criminal possession of a firearm is a class E felony.

S 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
    (5) (i) 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
    (6) Such person knowingly possesses any disguised gun; or
    (7) Such person possesses an assault weapon; or
    (8) Such person possesses a large capacity ammunition feeding device.
  For purposes of this subdivision, a large  capacity  ammunition  feeding
  device shall not include an ammunition feeding device lawfully possessed
  by  such  person before the effective date of the chapter of the laws of
  two thousand  thirteen  which  amended  this  subdivision,  that  has  a
  capacity of, or that can be readily restored or converted to accept more
  than  seven  but  less  than  eleven  rounds  of ammunition, or that was
  manufactured before September thirteenth, nineteen hundred  ninety-four,
  that  has a capacity of, or that can be readily restored or converted to
  accept, more than ten rounds of ammunition; or
    (9) Such person possesses an unloaded firearm and also commits a  drug
  trafficking felony as defined in subdivision twenty-one of section 10.00
  of this chapter as part of the same criminal transaction; or
    (10)  Such  person  possesses an unloaded firearm and also commits any
  violent felony offense as defined in subdivision one of section 70.02 of
  this chapter as part of the same criminal transaction.
    Criminal possession of a weapon in the third degree is a class D felony.

S 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.

S 265.04 Criminal possession of a dangerous 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.

S 265.05 Unlawful possession of weapons by persons under sixteen.
  It shall be unlawful for any person under the age of sixteen to
possess any air-gun, spring-gun or other instrument or weapon in which
the propelling force is a spring or air, or any gun or any instrument or
weapon in or upon which any loaded or blank cartridges may be used, or
any loaded or blank cartridges or ammunition therefor, or any dangerous
knife; provided that the possession of rifle or shotgun or ammunition
therefor by the holder of a hunting license or permit issued pursuant to
article eleven of the environmental conservation law and used in
accordance with said law shall not be governed by this section.
  A person who violates the provisions of this section shall be
  adjudged a juvenile delinquent.

S 265.06 Unlawful possession of a weapon upon school grounds.
  It shall be unlawful for any person age sixteen or older to knowingly
possess any air-gun, spring-gun or other instrument or weapon in which
the propelling force is a spring, air, piston or CO2 cartridge in or
upon a building or grounds, used for educational purposes, of any
school, college or university, without the written authorization of such
educational institution.
  Unlawful possession of a weapon upon school grounds is a violation.

S 265.08 Criminal use of a firearm in the second degree.
  A person is guilty of criminal use of a firearm in the second degree
when he commits any class C violent felony offense as defined in
paragraph (b) of subdivision one of section 70.02 and he either:
  (1) possesses a deadly weapon, if the weapon is a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (2) displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
  Criminal use of a firearm in the second degree is a class C felony.

S 265.09 Criminal use of a firearm in the first degree.
  (1) A person is guilty of criminal use of a firearm in the first
degree when he commits any class B violent felony offense as defined in
paragraph (a) of subdivision one of section 70.02 and he either:
  (a) possesses a deadly weapon, if the weapon is a loaded weapon from
which a shot, readily capable of producing death or other serious injury
may be discharged; or
  (b) displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
  Criminal use of a firearm in the first degree is a class B felony.
  (2) Sentencing. Notwithstanding any other provision of  law  to  the
  contrary, when a person is convicted of criminal use of a firearm in the
  first  degree  as  defined in subdivision one of this section, the court
  shall impose an additional consecutive sentence of  five  years  to  the
  sentence  imposed on the underlying class B violent felony offense where
  the person convicted of such crime displays a loaded weapon from which a
  shot, readily capable of producing death or other serious injury may  be
  discharged,  in  furtherance  of the commission of such crime, provided,
  however, that such additional sentence  shall  not  be  imposed  if  the
  court, having regard to the nature and circumstances of the crime and to
  the  history  and  character  of the defendant, finds on the record that
  such additional consecutive sentence would be unduly harsh and that  not
  imposing  such  sentence  would be consistent with the public safety and
  would not deprecate the seriousness of the  crime.  Notwithstanding  any
  other  provision  of law to the contrary, the aggregate of the five year
  consecutive term imposed pursuant to this subdivision  and  the  minimum
  term  of  the  indeterminate  sentence imposed on the underlying class B
  violent felony shall  constitute  the  new  aggregate  minimum  term  of
  imprisonment,  and  a  person  subject to such term shall be required to
  serve the entire aggregate minimum term and shall not  be  eligible  for
  release  on  parole  or  conditional  release  during  such  term.  This
  subdivision shall not apply where the defendant's criminal liability for
  displaying a loaded  weapon  from  which  a  shot,  readily  capable  of
  producing   death   or  other  serious  injury  may  be  discharged,  in
  furtherance of the commission of  crime  is  based  on  the  conduct  of
  another pursuant to section 20.00 of this chapter.

S 265.10 Manufacture, transport, disposition and defacement of weapons
               and dangerous instruments and appliances.
  1. Any person who manufactures or causes to be manufactured any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised gun is guilty of a class D felony. Any person who manufactures
or causes to be manufactured any switchblade knife, gravity knife, pilum
ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, metal
knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is
guilty of a class A misdemeanor.
  2. Any person who transports or ships any machine-gun, firearm
silencer, assault weapon or large capacity ammunition feeding device or
disguised gun, or who transports or ships as merchandise five or more
firearms, is guilty of a class D felony. Any person who transports or
ships as merchandise any firearm, other than an assault weapon,
switchblade knife, gravity knife, pilum ballistic knife, billy,
blackjack, bludgeon, metal knuckles, Kung Fu star, chuka stick, sandbag
or slungshot is guilty of a class A misdemeanor.
  3. Any person who disposes of any machine-gun, assault weapon, large
capacity ammunition feeding device or firearm silencer is guilty of a
class D felony. Any person who knowingly buys, receives, disposes of, or
conceals a machine-gun, firearm, large capacity ammunition feeding
device, 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, large capacity ammunition
feeding device, rifle or shotgun is guilty of a class D felony.
  4. Any person who disposes of any of the weapons, instruments or
appliances specified in subdivision one of section 265.01, except a
firearm, is guilty of a class A misdemeanor, and he is guilty of a class
D felony if he has previously been convicted of any crime.
  5. Any person who disposes of any of the weapons, instruments,
appliances or substances specified in section 265.05 to any other person
under the age of sixteen years is guilty of a class A misdemeanor.
  6. Any person who wilfully defaces any machine-gun, large capacity
ammunition feeding device or firearm is guilty of a class D felony.
  7. Any person, other than a wholesale dealer, or gunsmith or dealer in
firearms duly licensed pursuant to section 400.00, lawfully in
possession of a firearm, who disposes of the same without first
notifying in writing the licensing officer in the city of New York and
counties of Nassau and Suffolk and elsewhere in the state the executive
department, division of state police, Albany, is guilty of a class A
misdemeanor.

S 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.

S 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.

S 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.

S 265.14 Criminal sale of a firearm with the aid of a minor.
  A person over the age of eighteen years of age is guilty of criminal
sale of a weapon with the aid of a minor when a person under sixteen
years of age knowingly and unlawfully sells, exchanges, gives or
disposes of a firearm in violation of this article, and such person over
the age of eighteen years of age, acting with the mental culpability
required for the commission thereof, solicits, requests, commands,
importunes or intentionally aids such person under sixteen years of age
to engage in such conduct.
  Criminal sale of a firearm with the aid of a minor is a class C felony.

S 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,
  plastic  knuckles,  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.

S 265.16 Criminal sale of a firearm to a minor.
  A person is guilty of criminal sale of a firearm to a minor when he is
not authorized pursuant to law to possess a firearm and he unlawfully
sells, exchanges, gives or disposes of a firearm to another person who
is or reasonably appears to be less than nineteen years of age who is
not licensed pursuant to law to possess a firearm.
  Criminal sale of a firearm to a minor is a class C felony.

S 265.17 Criminal purchase or disposal of a weapon.
   A person is guilty of criminal purchase or disposal of a weapon when:
    1.  Knowing  that  he  or  she  is prohibited by law from possessing a
  firearm, rifle or shotgun because of a prior conviction  or  because  of
  some  other  disability  which  would  render  him  or her ineligible to
  lawfully possess a firearm, rifle or shotgun in this state, such  person
  purchases a firearm, rifle or shotgun from another person; or
    2.  Knowing  that it would be unlawful for another person to possess a
  firearm, rifle or shotgun, he or  she  purchases  a  firearm,  rifle  or
  shotgun for, on behalf of, or for the use of such other person; or
    3.  Knowing that another person is prohibited by law from possessing a
  firearm, rifle or shotgun because of a prior conviction  or  because  of
  some  other  disability  which  would  render  him  or her ineligible to
  lawfully possess a firearm, rifle or shotgun in  this  state,  a  person
  disposes of a firearm, rifle or shotgun to such other person.
   Criminal purchase or disposal of a weapon is a class D Felony.

§ 265.19 Aggravated criminal possession of a weapon.
    A  person is guilty of aggravated criminal possession of a weapon when
  he or she commits the crime of criminal possession of a  weapon  in  the
  second  degree as defined in subdivision three of section 265.03 of this
  article and also commits  any  violent  felony  offense  as  defined  in
  subdivision  one  of section 70.02 of this chapter or a drug trafficking
  felony as defined in subdivision twenty-one of  section  10.00  of  this
  chapter arising out of the same criminal transaction.
    Aggravated criminal possession of a weapon is a class C felony.

S 265.20 Exemptions.
   a.  Paragraph  (h)  of  subdivision  twenty-two  of section 265.00 and
  sections 265.01, 265.01-a, subdivision one of section 265.01-b,  265.02,
  265.03,  265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
  265.37 and 270.05 shall not apply to:
    1. Possession of  any  of  the  weapons,  instruments,  appliances  or
  substances  specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
  and 270.05 by the following:
    (a) Persons in the military service of the state of New York when duly
  authorized by regulations issued by the adjutant general to possess  the
  same.
    (b)  Police  officers as defined in subdivision thirty-four of section
  1.20 of the criminal procedure law.
    (c) Peace  officers  as  defined  by  section  2.10  of  the  criminal
  procedure law.
    (d)  Persons in the military or other service of the United States, in
  pursuit of official  duty  or  when  duly  authorized  by  federal  law,
  regulation or order to possess the same.
    (e)   Persons  employed  in  fulfilling  defense  contracts  with  the
  government of the United States or agencies thereof when  possession  of
  the  same  is  necessary  for  manufacture,  transport, installation and
  testing under the requirements of such contract.
    (f)  A  person  voluntarily  surrendering  such  weapon,   instrument,
  appliance  or  substance,  provided that such surrender shall be made to
  the superintendent of the division of state police or a  member  thereof
  designated  by  such  superintendent, or to the sheriff of the county in
  which such person resides, or in the county of Nassau or in the towns of
  Babylon, Brookhaven, Huntington, Islip and Smithtown in  the  county  of
  Suffolk  to  the  commissioner  of  police  or  a  member  of the police
  department thereof designated by such commissioner, or  if  such  person
  resides  in  a  city, town other than one named in this subparagraph, or
  village to the police commissioner  or  head  of  the  police  force  or
  department  thereof or to a member of the force or department designated
  by such commissioner or head; and provided, further, that the same shall
  be surrendered  by  such  person  in  accordance  with  such  terms  and
  conditions as may be established by such superintendent, sheriff, police
  force  or  department.  Nothing  in this paragraph shall be construed as
  granting immunity from prosecution for any crime or offense except  that
  of  unlawful  possession  of  such  weapons,  instruments, appliances or
  substances surrendered as herein provided. A person  who  possesses  any
  such  weapon,  instrument,  appliance  or  substance  as  an executor or
  administrator or any other  lawful  possessor  of  such  property  of  a
  decedent  may  continue  to  possess such property for a period not over
  fifteen days. If such property is not lawfully disposed of  within  such
  period  the  possessor  shall  deliver  it  to  an  appropriate official
  described in this paragraph or such property may  be  delivered  to  the
  superintendent  of  state  police.  Such officer shall hold it and shall
  thereafter  deliver  it  on  the  written  request  of  such   executor,
  administrator  or  other  lawful  possessor  of such property to a idd
  person, provided such named  person  is  licensed  to  or  is  otherwise
  lawfully  permitted  to  possess  the same. If no request to deliver the
  property is received by such official within one year of the delivery of
  such property, such official shall dispose of it in accordance with  the
  provisions of section 400.05 of this chapter.
    2.  Possession  of  a  machine-gun,  large capacity ammunition feeding
  device, firearm,  switchblade  knife,  gravity  knife,  pilum  ballistic
  knife,  billy  or  blackjack  by a warden, superintendent, headkeeper or
  deputy of a state prison, penitentiary, workhouse, county jail or  other
  institution  for  the detention of persons convicted or accused of crime
  or detained as witnesses in criminal cases, in pursuit of official  duty
  or when duly authorized by regulation or order to possess the same.
    3.  Possession  of  a pistol or revolver by a person to whom a license
  therefor has been issued as provided under section 400.00 or  400.01  of
  this  chapter  or  possession of a weapon as defined in paragraph (e) or
  (f) of subdivision twenty-two of section 265.00 of this article which is
  registered pursuant to paragraph (a) of subdivision sixteen-a of section
  400.00 of this chapter or is  included  on  an  amended  license  issued
  pursuant to section 400.00 of this chapter. In the event such license is
  revoked,  other  than  because  such  licensee is no longer permitted to
  possess a  firearm,  rifle  or  shotgun  under  federal  or  state  law,
  information  sufficient  to  satisfy  the  requirements  of  subdivision
  sixteen-a of section 400.00 of this chapter, shall be transmitted by the
  licensing officer to the state police, in a form as  determined  by  the
  superintendent  of  state  police.  Such transmission shall constitute a
  valid registration under such section. Further provided, notwithstanding
  any other section of this title, a failure to register such weapon by an
  individual who possesses such weapon before the enactment of the chapter
  of the laws of two thousand thirteen which amended  this  paragraph  and
  may  so  lawfully possess it thereafter upon registration, shall only be
  subject to punishment pursuant to paragraph (c) of subdivision sixteen-a
  of section 400.00 of this chapter; provided,  that  such  a  license  or
  registration  shall not preclude a conviction for the offense defined in
  subdivision three of section 265.01 of this article or section  265.01-a
  of this article.
  4.  Possession  of a rifle, shotgun, crossbow or longbow for use while
  hunting, trapping or fishing, by a person, not a citizen of  the  United
  States,  carrying  a valid license issued pursuant to section 11-0713 of
  the environmental conservation law.
    5. Possession of a rifle or shotgun by a person other  than  a  person
  who  has  been  convicted  of  a  class  A-I  felony or a violent felony
  offense, as defined in subdivision one of section 70.02 of this chapter,
  who has been convicted as  specified  in  subdivision  four  of  section
  265.01 to whom a certificate of good conduct has been issued pursuant to
  section seven hundred three-b of the correction law.
    6. Possession of a switchblade or gravity knife for use while hunting,
  trapping  or  fishing by a person carrying a valid license issued to him
  pursuant to section 11-0713 of the environmental conservation law.
    7. Possession, at an indoor or outdoor shooting range for the  purpose
  of  loading  and  firing, of a rifle or shotgun, the propelling force of
  which is gunpowder by a person under sixteen years of age but not  under
  twelve, under the immediate supervision, guidance and instruction of (a)
  a  duly commissioned officer of the United States army, navy, air force,
  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, air force 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) a parent, guardian, or a person over the age of
  eighteen designated in writing by such parent or guardian who shall have
  a certificate of qualification in responsible hunting, including safety,
  ethics, and landowner relations-hunter relations, issued or  honored  by
  the  department  of  environmental  conservation; or (d) an agent of the
  department of environmental conservation appointed to conduct courses in
  responsible  hunting  practices  pursuant  to  article  eleven  of   the
  environmental conservation law.
    7-a.  Possession and use, at an indoor or outdoor pistol range located
  in or on premises owned or occupied by a duly incorporated  organization
  organized  for  conservation  purposes or to foster proficiency in small
  arms or at a target pistol shooting competition under the auspices of or
  approved  by  the  national rifle association for the purpose of loading
  and firing the same, by a person duly licensed to possess  a  pistol  or
  revolver  pursuant  to  section  400.00  or  400.01 of this chapter of a
  pistol or revolver duly so licensed to another person who is present  at
  the time.
    7-b.  Possession and use, at an indoor or outdoor pistol range located
  in or on premises owned or occupied by a duly incorporated  organization
  organized  for  conservation  purposes or to foster proficiency in small
  arms or at a target pistol shooting competition under the auspices of or
  approved by the national rifle association for the  purpose  of  loading
  and  firing  the  same,  by  a  person  who has applied for a license to
  possess a pistol or revolver and pre-license possession of same pursuant
  to section 400.00 or 400.01 of this chapter, who has not been previously
  denied a license, been previously  convicted  of  a  felony  or  serious
  offense, and who does not appear to be, or pose a threat to be, a danger
  to  himself  or  to others, and who has been approved for possession and
  use herein in accordance with section 400.00 or 400.01 of this  chapter;
  provided  however, that such possession shall be of a pistol or revolver
  duly licensed to and shall be used under the supervision,  guidance  and
  instruction   of,   a  person  specified  in  paragraph  seven  of  this
  subdivision and provided further that such possession and use be  within
  the  jurisdiction of the licensing officer with whom the person has made
  application therefor or within the jurisdiction of the superintendent of
  state police in the case of a retired sworn member of  the  division  of
  state  police  who has made an application pursuant to section 400.01 of
  this chapter.
    7-c. Possession for the purpose of loading and  firing,  of  a  rifle,
  pistol  or  shotgun,  the  propelling  force of which may be either air,
  compressed gas or springs, by a person under sixteen years  of  age  but
  not   under  twelve,  under  the  immediate  supervision,  guidance  and
  instruction of (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) a parent, guardian, or a person over  the  age  of
  eighteen designated in writing by such parent or guardian who shall have
  a certificate of qualification in responsible hunting, including safety,
  ethics,  and  landowner relations-hunter relations, issued or honored by
  the department of environmental conservation.
    7-d. Possession, at an  indoor  or  outdoor  shooting  range  for  the
  purpose  of  loading  and  firing,  of  a  rifle, pistol or shotgun, the
  propelling force of which may be either air, compressed gas or  springs,
  by  a person under twelve years of age, under the immediate supervision,
  guidance and instruction of (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) a parent, guardian, or a
  person over the age of eighteen designated in writing by such parent  or
  guardian  who  shall  have a certificate of qualification in responsible
  hunting,  including  safety,  ethics,  and  landowner   relations-hunter
  relations,   issued  or  honored  by  the  department  of  environmental
  conservation.
    7-e. Possession and use of a pistol  or  revolver,  at  an  indoor  or
  outdoor  pistol  range  located in or on premises owned or occupied by a
  duly incorporated organization organized for conservation purposes or to
  foster proficiency  in  small  arms  or  at  a  target  pistol  shooting
  competition  under  the  auspices  of  or  approved by an association or
  organization described in paragraph 7-a  of  this  subdivision  for  the
  purpose  of  loading  and  firing the same by a person at least fourteen
  years of age but under the age of twenty-one who has not been previously
  convicted of a felony or serious offense, and who does not appear to be,
  or pose a threat to be, a danger  to  himself  or  to  others;  provided
  however,  that  such  possession  shall  be of a pistol or revolver duly
  licensed to and shall be used under the immediate supervision,  guidance
  and  instruction  of,  a  person  specified  in  paragraph seven of this
  subdivision.
    7-f. Possession and use of a magazine, belt,  feed  strip  or  similar
  device,  that  contains  more  than seven rounds of ammunition, but that
  does not have a capacity of or can readily be restored or  converted  to
  accept  more  than  ten  rounds  of  ammunition, at an indoor or outdoor
  firing range located in or on premises  owned  or  occupied  by  a  duly
  incorporated  organization  organized  for  conservation  purposes or to
  foster proficiency in arms; at an indoor or outdoor firing range for the
  purpose of firing a rifle or shotgun; at a collegiate, olympic or target
  shooting competition under the auspices of or approved by  the  national
  rifle   association;   or  at  an  organized  match  sanctioned  by  the
  International Handgun Metallic Silhouette Association.
    8.  The  manufacturer  of  machine-guns,  firearm  silencers,  assault
  weapons,  large  capacity  ammunition  feeding  devices, disguised guns,
  pilum ballistic  knives,  switchblade  or  gravity  knives,  billies  or
  blackjacks  as merchandise, or as a transferee recipient of the same for
  repair,  lawful  distribution  or  research  and  development,  and  the
  disposal  and  shipment  thereof  direct  to  a regularly constituted or
  appointed state or municipal police department,  sheriff,  policeman  or
  other  peace  officer,  or  to  a state prison, penitentiary, workhouse,
  county jail or other institution for the detention of persons  convicted
  or  accused  of  crime or held as witnesses in criminal cases, or to the
  military service of this state or of  the  United  States;  or  for  the
  repair  and  return  of the same to the lawful possessor or for research
  and development.
    9. The regular and ordinary  transport  of  firearms  as  merchandise,
  provided  that  the person transporting such firearms, where he knows or
  has reasonable means of ascertaining what he is  transporting,  notifies
  in   writing   the  police  commissioner,  police  chief  or  other  law
  enforcement officer performing such functions at the place of  delivery,
  of  the name and address of the consignee and the place of delivery, and
  withholds delivery to the consignee for such reasonable period  of  time
  designated in writing by such police commissioner, police chief or other
  law  enforcement  officer  as  such  official  may  deem  necessary  for
  investigation as to whether  the  consignee  may  lawfully  receive  and
  possess such firearms.
    9-a.  a.  Except  as provided in subdivision b hereof, the regular and
  ordinary transport of pistols or revolvers by a manufacturer of firearms
  to whom a license as a dealer in firearms has been  issued  pursuant  to
  section  400.00  of  this  chapter,  or  by an agent or employee of such
  manufacturer of firearms who is  otherwise  duly  licensed  to  carry  a
  pistol  or  revolver  and  who  is  duly  authorized  in writing by such
  manufacturer of firearms to transport pistols or revolvers on  the  date
  or  dates  specified,  directly between places where the manufacturer of
  firearms regularly conducts business provided such pistols or  revolvers
  are  transported unloaded, in a locked opaque container. For purposes of
  this subdivision, places where the manufacturer  of  firearms  regularly
  conducts  business  includes,  but  is  not  limited to places where the
  manufacturer of firearms regularly or customarily  conducts  development
  or  design of pistols or revolvers, or regularly or customarily conducts
  tests on pistols or revolvers, or regularly or customarily  participates
  in the exposition of firearms to the public.
    b.  The  transportation  of  such pistols or revolvers into, out of or
  within the city of New York may be done only with  the  consent  of  the
  police commissioner of the city of New York. To obtain such consent, the
  manufacturer  must notify the police commissioner in writing of the name
  and address of the transporting manufacturer, or agent  or  employee  of
  the  manufacturer  who  is authorized in writing by such manufacturer to
  transport pistols or revolvers, the number, make and model number of the
  firearms  to  be  transported  and  the  place  where  the  manufacturer
  regularly  conducts  business within the city of New York and such other
  information as the commissioner may  deem  necessary.  The  manufacturer
  must  not  transport  such  pistols and revolvers between the designated
  places of business for such reasonable  period  of  time  designated  in
  writing  by  the police commissioner as such official may deem necessary
  for investigation and to give consent. The police commissioner  may  not
  unreasonably withhold his consent.
    10.  Engaging  in  the business of gunsmith or dealer in firearms by a
  person to whom a valid license therefor  has  been  issued  pursuant  to
  section 400.00.
    11.  Possession  of  a  firearm  or  large capacity ammunition feeding
  device by a police officer or sworn peace officer of another state while
  conducting official business within the state of New York.
    12. Possession of a pistol or revolver by a person who is a member  or
  coach  of  an  accredited college or university target pistol team while
  transporting the pistol or revolver into or through New  York  state  to
  participate   in   a  collegiate,  olympic  or  target  pistol  shooting
  competition under the auspices of or  approved  by  the  national  rifle
  association, provided such pistol or revolver is unloaded and carried in
  a  locked  carrying  case  and  the  ammunition therefor is carried in a
  separate locked container.
    12-a. Possession and use of a pistol or  revolver,  at  an  indoor  or
  outdoor  shooting  range,  by a registered student of a higher education
  institution chartered by the state of New York, who is participating  in
  a  course  in  gun  safety  and proficiency offered by such institution,
  under the immediate supervision, guidance, and instruction of  a  person
  specified in paragraph seven of this subdivision.
    13.  Possession  of  pistols  and  revolvers  by  a  person  who  is a
  nonresident of this state while attending or traveling to  or  from,  an
  organized  competitive pistol match or league competition under auspices
  of, or approved by, the National Rifle Association and in which he is  a
  competitor, within forty-eight hours of such event or by a person who is
  a  non-resident  of the state while attending or traveling to or from an
  organized  match  sanctioned  by  the  International  Handgun   Metallic
  Silhouette   Association  and  in  which  he  is  a  competitor,  within
  forty-eight  hours  of  such  event,  provided  that  he  has  not  been
  previously  convicted  of a felony or a crime which, if committed in New
  York, would constitute a felony, and further provided that  the  pistols
  or  revolvers  are  transported  unloaded  in  a locked opaque container
  together with a copy of the  match  program,  match  schedule  or  match
  registration  card.  Such  documentation  shall  constitute  prima facie
  evidence  of  exemption,  providing  that  such  person  also has in his
  possession a pistol license or  firearms  registration  card  issued  in
  accordance with the laws of his place of residence. For purposes of this
  subdivision,  a  person  licensed  in  a  jurisdiction  which  does  not
  authorize such license by a person who has been previously convicted  of
  a   felony   shall   be  presumed  to  have  no  prior  conviction.  The
  superintendent of  state  police  shall  annually  review  the  laws  of
  jurisdictions  within  the  United States and Canada with respect to the
  applicable requirements for licensing or registration  of  firearms  and
  shall publish a list of those jurisdictions which prohibit possession of
  a  firearm  by a person previously convicted of a felony or crimes which
  if committed in New York state would constitute a felony.
    13-a. Except in cities not wholly contained within a single county  of
  the  state,  possession  of  pistols  and revolvers by a person who is a
  nonresident of this state while attending or traveling to  or  from,  an
  organized convention or exhibition for the display of or education about
  firearms,  which  is  conducted  under  auspices of, or approved by, the
  National Rifle Association and in which he is a registered  participant,
  within  forty-eight  hours  of such event, provided that he has not been
  previously convicted of a felony or a crime which, if committed  in  New
  York,  would  constitute a felony, and further provided that the pistols
  or revolvers are transported  unloaded  in  a  locked  opaque  container
  together with a copy of the convention or exhibition program, convention
  or  exhibition  schedule  or convention or exhibition registration card.
  Such documentation shall constitute prima facie evidence  of  exemption,
  providing  that  such person also has in his possession a pistol license
  or firearms registration card issued in accordance with the laws of  his
  place of residence. For purposes of this paragraph, a person licensed in
  a jurisdiction which does not authorize such license by a person who has
  been previously convicted of a felony shall be presumed to have no prior
  conviction. The superintendent of state police shall annually review the
  laws  of  jurisdictions within the United States and Canada with respect
  to the applicable requirements for licensing or registration of firearms
  and  shall  publish  a  list  of  those  jurisdictions  which   prohibit
  possession  of a firearm by a person previously convicted of a felony or
  crimes which if committed in New York state would constitute a felony.
    14. Possession in accordance with the provisions of this paragraph  of
  a  self-defense  spray  device as defined herein for the protection of a
  person or property and use  of  such  self-defense  spray  device  under
  circumstances  which would justify the use of physical force pursuant to
  article thirty-five of this chapter.
    (a) As used in this section "self-defense spray device" shall  mean  a
  pocket  sized  spray  device  which  contains and releases a chemical or
  organic substance  which  is  intended  to  produce  temporary  physical
  discomfort  or disability through being vaporized or otherwise dispensed
  in the air or any like device containing tear  gas,  pepper  or  similar
  disabling agent.
    (b)  The  exemption  under  this paragraph shall not apply to a person
  who:
    (i) is less than eighteen years of age; or
    (ii) has been previously convicted in this state of a  felony  or  any
  assault; or
    (iii)  has  been  convicted  of  a crime outside the state of New York
  which if committed in New York would constitute a felony or any  assault
  crime.
    (c)  The department of health, with the cooperation of the division of
  criminal justice services and the superintendent of state police,  shall
  develop  standards  and  promulgate  regulations  regarding  the type of
  self-defense spray device which may lawfully be purchased, possessed and
  used  pursuant  to  this  paragraph.  The  regulations  shall  include a
  requirement that every self-defense spray device which may  be  lawfully
  purchased,  possessed  or  used  pursuant to this paragraph have a label
  which states: "WARNING: The use of this  substance  or  device  for  any
  purpose other than self-defense is a criminal offense under the law. The
  contents are dangerous - use with care. This device shall not be sold by
  anyone  other  than  a licensed or authorized dealer. Possession of this
  device by any person under the age of eighteen or by anyone who has been
  convicted of a felony or assault is illegal. Violators may be prosecuted
  under the law."
    15. Possession and sale of a self-defense spray device as  defined  in
  paragraph  fourteen of this subdivision by a dealer in firearms licensed
  pursuant to section  400.00  of  this  chapter,  a  pharmacist  licensed
  pursuant  to article one hundred thirty-seven of the education law or by
  such  other  vendor  as  may  be  authorized   and   approved   by   the
  superintendent of state police.
    (a)  Every self-defense spray device shall be accompanied by an insert
  or inserts which include directions  for  use,  first  aid  information,
  safety  and storage information and which shall also contain a toll free
  telephone number for the purpose of allowing any purchaser to  call  and
  receive  additional  information  regarding  the  availability  of local
  courses in self-defense training and safety in the use of a self-defense
  spray device.
    (b) Before delivering a self-defense spray device to any  person,  the
  licensed  or  authorized  dealer  shall require proof of age and a sworn
  statement on a form approved by the superintendent of state police  that
  such person has not been convicted of a felony or any crime involving an
  assault.  Such  forms shall be forwarded to the division of state police
  at such intervals as directed by the  superintendent  of  state  police.
  Absent  any such direction the forms shall be maintained on the premises
  of the vendor and shall be open at all reasonable hours  for  inspection
  by  any  peace  officer or police officer, acting pursuant to his or her
  special duties. No more than two self-defense spray devices may be  sold
  at any one time to a single purchaser.
    16.  The terms "rifle," "shotgun," "pistol," "revolver," and "firearm"
  as used in paragraphs three, four, five, seven, seven-a, seven-b,  nine,
  nine-a,  ten,  twelve, thirteen and thirteen-a of this subdivision shall
  not include a disguised gun or an assault weapon.
    b. Section 265.01 shall not apply to possession of that type of  billy
  commonly  known  as  a "police baton" which is twenty-four to twenty-six
  inches in length  and  no  more  than  one  and  one-quarter  inches  in
  thickness  by  members  of  an  auxiliary  police force of a city with a
  population in excess of one million persons or  the  county  of  Suffolk
  when  duly  authorized  by  regulation  or  order  issued  by the police
  commissioner of such city or such county respectively. Such  regulations
  shall  require training in the use of the police baton including but not
  limited to the defensive use of the baton and instruction in  the  legal
  use  of  deadly  physical  force pursuant to article thirty-five of this
  chapter. Notwithstanding the provisions of this  section  or  any  other
  provision  of law, possession of such baton shall not be authorized when
  used intentionally to strike another person except in  those  situations
  when  the  use  of  deadly  physical force is authorized by such article
  thirty-five.
    c. Sections 265.01, 265.10 and 265.15 shall not apply to possession of
  billies or blackjacks by persons:
    1.  while  employed  in  fulfilling contracts with New York state, its
  agencies or political  subdivisions  for  the  purchase  of  billies  or
  blackjacks; or
    2.  while  employed  in fulfilling contracts with sister states, their
  agencies or political  subdivisions  for  the  purchase  of  billies  or
  blackjacks; or
    3.  while  employed  in  fulfilling  contracts with foreign countries,
  their agencies or political subdivisions for the purchase of billies  or
  blackjacks as permitted under federal law.
    d.  Subdivision  one of section 265.01 and subdivision four of section
  265.15 of this article shall not apply to  possession  or  ownership  of
  automatic knives by any cutlery and knife museum established pursuant to
  section  two  hundred sixteen-c of the education law or by any director,
  officer, employee, or agent thereof when he or she is in  possession  of
  an  automatic  knife  and  acting in furtherance of the business of such
  museum.
    e. Subdivision eight of section 265.02 and sections 265.36 and  265.37
  of  this  chapter  shall  not  apply  to a qualified retired New York or
  federal law enforcement officer as defined in subdivision twenty-five of
  section  265.00  of  this  article,  with  respect  to  large   capacity
  ammunition  feeding  devices issued to such officer or purchased by such
  officer in the course of his or her official duties and  owned  by  such
  officer  at the time of his or her retirement or comparable replacements
  for such devices, if: (i) the agency that employed the officer qualified
  such officer in the use of the  weapon  which  accepts  such  device  in
  accordance  with  applicable  state or federal standards for active duty
  law enforcement officers within  twelve  months  prior  to  his  or  her
  retirement;  and  (ii)  such  retired  officer  meets, at his or her own
  expense, such applicable standards for such weapon at least once  within
  three  years  after  his  or her retirement date and at least once every
  three years thereafter,  provided,  however,  that  any  such  qualified
  officer  who  has  been  retired  for  eighteen  months  or  more on the
  effective date of this subdivision shall have eighteen months from  such
  effective  date  to  qualify in the use of the weapon which accepts such
  large capacity ammunition feeding device according to the provisions  of
  this  subdivision,  notwithstanding  that  such  officer did not qualify
  within three years after his or her retirement date, provided that  such
  officer  is  otherwise  qualified  and  maintains  compliance  with  the
  provisions of this subdivision.

S 265.25 Certain wounds to be reported.
  Every case of a bullet wound, gunshot wound, powder burn or any other
injury arising from or caused by the discharge of a gun or firearm, and
every case of a wound which is likely to or may result in death and is
actually or apparently inflicted by a knife, icepick or other sharp or
pointed instrument, shall be reported at once to the police authorities
of the city, town or village where the person reporting is located by:
(a) the physician attending or treating the case; or (b) the manager,
superintendent or other person in charge, whenever such case is treated
in a hospital, sanitarium or other institution. Failure to make such
report is a class A misdemeanor. This subdivision shall not apply to
such wounds, burns or injuries received by a member of the armed forces
of the United States or the state of New York while engaged in the
actual performance of duty.

S 265.26 Burn injury and wounds to be reported.
  Every case of a burn injury or wound, where the victim sustained
second or third degree burns to five percent or more of the body and/or
any burns to the upper respiratory tract or laryngeal edema due to the
inhalation of super-heated air, and every case of a burn injury or wound
which is likely to or may result in death, shall be reported at once to
the office of fire prevention and control. The state fire administrator
shall accept the report and notify the proper investigatory agency. A
written report shall also be provided to the office of fire prevention
and control within seventy-two hours. The report shall be made by (a)
the physician attending or treating the case; or (b) the manager,
superintendent or other person in charge, whenever such case is treated
in a hospital, sanitarium, institution or other medical facility.
  The intentional failure to make such report is a class A misdemeanor.

S 265.30 Certain convictions to be reported.
  Every conviction under this article or section 400.00, of a person who
is not a citizen of the United States, shall be certified to the proper
officer of the United States government by the district attorney of the
county in which such conviction was had.

S 265.35 Prohibited use of weapons.
  1. Any person hunting with a dangerous weapon in any county wholly
embraced within the territorial limits of a city is guilty of a class A
misdemeanor.
  2. Any person who willfully discharges a loaded firearm or any other
gun, the propelling force of which is gunpowder, at an aircraft while
such aircraft is in motion in the air or in motion or stationary upon
the ground, or at any railway or street railroad train as defined by the
public service law, or at a locomotive, car, bus or vehicle standing or
moving upon such railway, railroad or public highway, is guilty of a
class D felony if thereby the safety of any person is endangered, and in
every other case, of a class E felony.
  3. Any person who, otherwise than in self defense or in the discharge
of official duty, (a) willfully discharges any species of firearms,
air-gun or other weapon, or throws any other deadly missile, either in a
public place, or in any place where there is any person to be endangered
thereby, or, in Putnam county, within one-quarter mile of any occupied
school building other than under supervised instruction by properly
authorized instructors although no injury to any person ensues; (b)
intentionally, without malice, points or aims any firearm or any other
gun, the propelling force of which is gunpowder, at or toward any other
person; (c) discharges, without injury to any other person, firearms or
any other guns, the propelling force of which is gunpowder, while
intentionally without malice, aimed at or toward any person; or (d)
maims or injures any other person by the discharge of any firearm or any
other gun, the propelling force of which is gunpowder, pointed or aimed
intentionally, but without malice, at any such person, is guilty of a
class A misdemeanor.

§ 265.36 Unlawful  possession  of  a large capacity ammunition feeding
                device.
    It shall be unlawful  for  a  person  to  knowingly  possess  a  large
  capacity   ammunition   feeding  device  manufactured  before  September
  thirteenth, nineteen hundred ninety-four, and if  such  person  lawfully
  possessed  such  large capacity feeding device before the effective date
  of the chapter of the laws of two thousand  thirteen  which  added  this
  section,  that  has  a  capacity  of, or that can be readily restored or
  converted to accept, more than ten rounds of ammunition.
    An individual who has a reasonable belief that such device is of  such
  a  character  that  it  may  lawfully be possessed and who surrenders or
  lawfully disposes of such device within thirty days of being notified by
  law enforcement or county licensing officials that  such  possession  is
  unlawful  shall  not be guilty of this offense. It shall be a rebuttable
  presumption that such person knows that such large  capacity  ammunition
  feeding  device  may  not  be  lawfully  possessed if he or she has been
  contacted by law enforcement or county licensing officials and  informed
  that such device may not be lawfully possessed.
    Unlawful possession of a large capacity ammunition feeding device is a
    class A misdemeanor.

§ 265.37 Unlawful possession of certain ammunition feeding devices.
   It  shall  be unlawful for a person to knowingly possess an ammunition
  feeding device where such device contains  more  than  seven  rounds  of
  ammunition.
    If  such  device  containing  more  than seven rounds of ammunition is
  possessed within the home of the possessor, the person so possessing the
  device shall, for a first offense, be guilty of a violation and  subject
  to  a  fine  of two hundred dollars, and for each subsequent offense, be
  guilty of a class B misdemeanor and subject to a  fine  of  two  hundred
  dollars and a term of up to three months imprisonment.
    If  such  device  containing  more  than seven rounds of ammunition is
  possessed in any location other than the  home  of  the  possessor,  the
  person so possessing the device shall, for a first offense, be guilty of
  a class B misdemeanor and subject to a fine of two hundred dollars and a
  term  of up to six months imprisonment, and for each subsequent offense,
  be guilty of a class A misdemeanor.

S 265.40 Purchase of rifles and/or shotguns in contiguous states.
  Definitions. As used in this act:
    1.  "Contiguous  state" shall mean any state having any portion of its
  border in common with a portion of the border of the state of New York;
    2. All other terms herein shall be given  the  meaning  prescribed  in
  Public  Law  90-618  known  as  the "Gun Control Act of l968" (18 U.S.C.
  921).
    It shall be lawful for a person or persons residing in this state,  to
  purchase  or  otherwise  obtain  a  rifle and/or shotgun in a contiguous
  state, and to receive or transport such rifle and/or shotgun  into  this
  state; provided, however, such person is otherwise eligible to possess a
  rifle and/or shotgun under the laws of this state.

§ 265.45 Safe storage of rifles, shotguns, and firearms.
  No  person who owns or is custodian of a rifle, shotgun or firearm who
  resides with an individual who such person knows or has reason  to  know
  is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
  (1), (4), (8) or (9) shall store or otherwise leave such rifle,  shotgun
  or  firearm  out  of  his or her immediate possession or control without
  having first securely locked  such  rifle,  shotgun  or  firearm  in  an
  appropriate  safe  storage  depository or rendered it incapable of being
  fired by use of a gun locking device appropriate  to  that  weapon.  For
  purposes  of this section "safe storage depository" shall mean a safe or
  other secure container which, when locked, is incapable of being  opened
  without the key, combination or other unlocking mechanism and is capable
  of  preventing  an  unauthorized  person  from  obtaining  access to and
  possession of the weapon contained therein. With respect to a person who
  is prohibited from possessing a firearm pursuant to 18 USC §  922(g)(9),
  for  purposes  of this section, this section applies only if such person
  has been convicted of a crime included in  subdivision  one  of  section
  370.15  of  the  criminal procedure law and such gun is possessed within
  five years from the later of the date of  conviction  or  completion  of
  sentence.  Nothing  in this section shall be deemed to affect, impair or
  supersede any special or local act  relating  to  the  safe  storage  of
  rifles, shotguns or firearms which impose additional requirements on the
  owner or custodian of such weapons.
    A violation of this section shall constitute a class A misdemeanor.

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