§ 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 or she possesses any firearm, electronic dart gun, electronic
stun gun, 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
(As amended by L.2019 c.34 effective 05/30/19.)
(2) He or she possesses any dagger, dangerous knife, dirk, machete,
razor, stiletto, imitation pistol, undetectable knife or any other
dangerous or deadly instrument or weapon with intent to use the same
unlawfully against another; or
(As amended by L.2019 c.146 effective 11/01/19.)
(3) ; or
(As amended L.2013 c.1.)
(4) He possesses a rifle, shotgun, antique firearm, black powder
rifle, black powder shotgun, or any muzzle-loading firearm, and has been
convicted of a felony or serious offense; or
(As amended by L.2011 c.357 eff. 01/30/12.)
(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certificate has been rescinded by the director or physician in charge,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.