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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certificate has been rescinded by the director or physician in charge,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.
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| Subdivision | Elements | Lesser included offenses |
| PL 265.01(1)-a |
|
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 |
|
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 |
|
LIO
|
| PL 265.01(1)-i |
|
LIO
|
| PL 265.01(1)-j |
|
LIO
|
| PL 265.01(1)-k |
|
LIO
|
| PL 265.01(1)-l |
|
LIO
|
| PL 265.01(1)-m |
|
LIO
|
| PL 265.01(1)-n |
|
LIO
|
| PL 265.01(1)-o |
|
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) |
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possesses armor piercing ammunition
-
intent to use unlawfully
|
LIO
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