PL 265.01 Cr. poss. weapon 4th deg Class A misdemeanor Link to CJI2d
§ 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 possesses any firearm, electronic dart gun,  electronic  stun
gun,  gravity  knife,  switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, 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 knowingly has in his 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, 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certificate has been rescinded by the director or physician in charge,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.
.
Subdivision Elements Lesser included offenses
PL 265.01(1)-a
  • possesses firearm

LIO

PL 265.01(1)-b
  • possesses electronic dart gun

LIO

PL 265.01(1)-c
  • possesses electronic stun gun

LIO

PL 265.01(1)-d
  • possesses gravity knife

LIO

PL 265.01(1)-e
  • possesses switchblade knife

LIO

PL 265.01(1)-f
  • possesses pilum ballistic knife

LIO

PL 265.01(1)-g
  • possesses metal knuckle knife

LIO

PL 265.01(1)-h
  • possesses cane sword

LIO

PL 265.01(1)-i
  • possesses billy

LIO

PL 265.01(1)-j
  • possesses blackjack

LIO

PL 265.01(1)-k
  • possesses bludgeon

LIO

PL 265.01(1)-l
  • possesses metal knuckles

LIO

PL 265.01(1)-m
  • possesses chuka stick

LIO

PL 265.01(1)-n
  • possesses sand bag

LIO

PL 265.01(1)-o
  • possesses sandclub

LIO

PL 265.01(1)-p
  • possesses wrist brace type slingshot

LIO

PL 265.01(1)-q
  • possesses shirken or Kung Fu star

LIO

PL 265.01(2)-a
  • possesses dagger
  • intent to use unlawfully

LIO

PL 265.01(2)-b
  • possesses dangerous knife
  • intent to use unlawfully

LIO

PL 265.01(2)-c
  • possesses dirk
  • intent to use unlawfully

LIO

PL 265.01(2)-d
  • possesses razor
  • intent to use unlawfully

LIO

PL 265.01(2)-e
  • possesses stiletto
  • intent to use unlawfully

LIO

PL 265.01(2)-f
  • possesses imitation pistol
  • intent to use unlawfully

LIO

PL 265.01(2)-g
  • possesses dangerous or deadly instrument or weapon
  • intent to use unlawfully

LIO

PL 265.01(3)
  • knowingly possesses rifle shotgun or firearm
  • on school grounds w/o authorization

LIO

PL 265.01(4)
  • possesses rifle or shotgun
  • has been convicted of felony or serious offense

LIO

PL 265.01(5)
  • possesses dangerous or deadly weapon
  • not a citizen of U.S.

LIO

PL 265.01(6)
  • certified not suitable
  • possesses rifle or shotgun
  • refuses to yield possession upon demand of P.O.

LIO

PL 265.01(7)
  • knowingly possesses explosive bullet

LIO

PL 265.01(8)
  • possesses armor piercing ammunition
  • intent to use unlawfully

LIO

Pleas
Sentences
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