Section 265.01. Criminal possession of a weapon in the fourth degree  


Latest version.
  • 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      there retained until the aforesaid certificate has been rescinded by the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.