Weapons Penal Law Article 265 FInal

Criminal Possession of a Weapon Criminal possession of a weapon is the unlawful possession of a weapon by an individual.

Definitions: A firearm Any pistol or revolver. People v Ford, 66 NY2d 428, 440 [1985] A rifle Weapon designed, made fired from the shoulder, it uses the energy of the explosives in a fixed metallic cartridge to fire a single projectile.

Definitions A Shotgun 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. An Antique Firearm any unloaded muzzle pistol or revolver with a matchlock,

Definitions: Possession To have physical possession or, to exercise dominion or control over the firearm. Constructive possession is the legal possession of an object, even if it was not in a person’s direct physical control The statutory presumption of possession is presence of a controlled substance in an automobile is evidence of knowing the possession

Criminal Possession of a Weapon in the Fourth Degree (Penal Law § 265 A person is guilty of criminal possession of a weapon in the fourth degree when the defendant possesses: any firearm or specific weapon (electronic dart gun, electronic stun gun, gravity knife, switchblade knife, metal knuckle knife, cane sword, billy, blackjack, plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”).

Elements: Criminal Possession of a Weapon in the Fourth Degree (Penal Law § 265.01 [1]) The defendant, defendant's name, possessed a firearm; That the defendant did so knowingly; and That the firearm was operable

Criminal Possession of a Weapon in the Fourth Degree (Penal Law § 265 A person is guilty of criminal possession of a weapon in the fourth degree when the defendant possesses: dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another

Criminal Possession of a Weapon in the Third Degree (Penal Law § 265 Fourth degree is elevated to the class D felony in third degree: Previous conviction for any crime at any time; Possession of a firearm which is defaced for the purpose of concealing a crime or misrepresenting the identity of the firearm; The possession if three or more firearms.

Criminal Possession of a Weapon in the Third Degree (Penal Law § 265 A person is guilty of criminal possession of a weapon in the third degree when: Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime;

Criminal Possession of a Weapon in the Second Degree (Penal Law § 265 A person is guilty of criminal possession of a weapon in the second degree when: with intent to use the same unlawfully against another, such person: possesses a loaded firearm

Elements: Criminal Possession of a Weapon in the Second Degree (Penal Law § 265.03 [1]) 1. The defendant possessed a pistol; 2. That the defendant did so knowingly; and 3. That the defendant possessed the pistol with the intent to use it unlawfully against another.