Criminal Possession of Weapons Penal Law Article 265 FINAL

Criminal Possession of Weapons I will define the Common Terms: Possession Knowingly Firearm Next, I will break the following assault offenses into elements: Criminal Possession of Weapons 4th Degree Criminal Possession of Firearms Criminal Possession of Weapons on School Grounds

Common Definitions Possession: Physical possession or Exercise dominion or control over tangible property Knowingly: Aware of possession of firearm Firearm: Any pistol or revolver

The Basic Offense: Criminal Possession of a Weapon in the 4th Degree Statute (Penal Law § 265.01): A person is guilty of possession of weapon in the 4th degree when: In possession of any firearm Knife Other weapons Intent of using weapon unlawfully against another Class A misdemeanor People v Louis-Jaques, 56 Misc 3d 138 [App Term, 2d 2017]

Criminal Possession of a Weapon in the 4th Degree Elements Must be in possession of firearm, knife or weapon Must knowingly be in possession of weapon Intent to unlawfully use firearm, knife or other weapon against another

Criminal Possession of a Weapon in the 4th Degree Elevators Possession of firearm Failure to register firearm

Criminal Possession of a Firearm Statute (Penal Law § 265.01-b): Person is guilty of possession of firearm when: In possession of firearm Is knowingly in possession of firearm Firearm is operable

Criminal Possession of a Firearm What does operable mean? Firearm is capable of discharging ammunition Firearm does not need to be loaded to charge for possession of weapon Must be aware of possession of firearm, but does not need to be aware if firearm is operable People v Kilhullen, 44 Misc 3d 193 [Sup Ct, Rensselaer County 2014]

Criminal Possession of Firearm Failure to Register Prior to March 16, 2013 firearms were not required to registered. After April 15, 2103, lawfully possessed firearms required to be registered with the Superintendent State Police Knowingly and lawfully possession of weapon prior to March 16, 2013, that became subject to registration requirements as of April 15, 2013, and knowingly fails to register said firearm pursuant to such law. Class E Felony

Criminal Possession of a Firearm Failure to Register Elements: Person knowingly had possession of firearm prior to March 16, 2013 Knowingly had possession of same firearm after April 15, 2013 Firearm was operable Person required to register firearm knowingly failed to do so

Criminal Possession of a weapon on school grounds Statute (Penal Law § 265.01-a): A person is guilty of possession of a weapon on school grounds when: Knowingly in possession of firearm, rifle, or shotgun In building, or upon grounds used for educational purposes (school, college, university, school bus) Without the written authority of an educational institution Class E Felony

Criminal Possession of a weapon on school grounds Statute (Penal Law § 265.01-a): The elevator is possession of firearm has to be on school grounds, or in the building of the institution of education.

Criminal Possession of a weapon on school grounds Elements: Possession of weapon in the building or on the grounds used for educational purposes, school, college, university, or a school bus without written authorization of such educational institution. Knowingly had possession of weapon. The weapon was operable Possession did not take place on the forestry lands, wherever located, owned ,and maintained by the state university of New York College of environmental science and forestry.