§ 265.00 Definitions.
As used in this article and in article four hundred, the following
terms shall mean and include:
1. "Machine-gun" means a weapon of any description, irrespective of
size, by whatever name known, loaded or unloaded, from which a number of
shots or bullets may be rapidly or automatically discharged from a
magazine with one continuous pull of the trigger and includes a
sub-machine gun.
2. "Firearm silencer" means any instrument, attachment, weapon or
appliance for causing the firing of any gun, revolver, pistol or other
firearms to be silent, or intended to lessen or muffle the noise of the
firing of any gun, revolver, pistol or other firearms.
3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon; or (f) any other weapon that is not otherwise defined
in this section containing any component that provides housing or a
structure designed to hold or integrate any fire control component that
is designed to or may readily be converted to expel a projectile by
action of explosive. For the purpose of this subdivision the length of
the barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm.
3-a. "Major component of a firearm, rifle or shotgun" means the
barrel, the slide or cylinder, the frame, or receiver of the firearm,
rifle, or shotgun.
4. "Switchblade knife" means any knife which has a blade which opens
automatically by hand pressure applied to a button, spring or other
device in the handle of the knife.
5. "Gravity knife" means any knife which has a blade which is released
from the handle or sheath thereof by the force of gravity or the
application of centrifugal force which, when released, is locked in
place by means of a button, spring, lever or other device.
5-a. "Pilum ballistic knife" means any knife which has a blade which
can be projected from the handle by hand pressure applied to a button,
lever, spring or other device in the handle of the knife.
5-b. "Metal knuckle knife" means a weapon that, when closed, cannot
function as a set of plastic knuckles or metal knuckles, nor as a knife
and when open, can function as both a set of plastic knuckles or metal
knuckles as well as a knife.
5-c. "Automatic knife" includes a stiletto, a switchblade knife, a
cane sword, a pilum ballistic knife, and a metal knuckle knife.
5-d. "Undetectable knife" means any knife or other instrument, which
does not utilize materials that are detectable by a metal detector or
magnetometer when set at a standard calibration, that is capable of
ready use as a stabbing or cutting weapon and was commercially
manufactured to be used as a weapon.
6. "Dispose of" means to dispose of, give, give away, lease, loan,
keep for sale, offer, offer for sale, sell, transfer and otherwise
dispose of.
7. "Deface" means to remove, deface, cover, alter or destroy the
manufacturer's serial number or any other distinguishing number or
identification mark.
8. "Gunsmith" means any person, firm, partnership, corporation or
company who engages in the business of repairing, altering, assembling,
manufacturing, cleaning, polishing, engraving or trueing, or who
performs any mechanical operation on, any firearm, large capacity
ammunition feeding device or machine-gun.
8-a. "Serialized" means bearing a visible identification number and/or
symbol in accordance with the requirements imposed on licensed importers
and licensed manufacturers pursuant to subsection (i) of Section 923 of
Title 18 of the United States Code and regulations issued pursuant
thereto in effect at the time of assembly, except for antique firearms
as defined in subdivision fourteen of this section, as added by chapter
nine hundred eighty-six of the laws of nineteen hundred seventy-four, or
any firearm, rifle or shotgun manufactured prior to nineteen hundred
sixty-eight.
9. "Dealer in firearms" means any person, firm, partnership,
corporation or company who engages in the business of purchasing,
selling, keeping for sale, loaning, leasing, or in any manner disposing
of, any assault weapon, large capacity ammunition feeding device,
pistol, revolver, or semiautomatic rifle.
10. "Licensing officer" means in the city of New York the police
commissioner of that city; in the county of Nassau the commissioner of
police of that county; in the county of Suffolk the sheriff of that
county except in the towns of Babylon, Brookhaven, Huntington, Islip and
Smithtown, the commissioner of police of that county; for the purposes
of section 400.01 of this chapter the superintendent of state police;
and elsewhere in the state a judge or justice of a court of record
having his office in the county of issuance.
11. "Rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive to fire only a single
projectile through a rifled bore for each single pull of the trigger
using either: (a) fixed metallic cartridge; or (b) each projectile and
explosive charge are loaded individually for each shot discharged. In
addition to common, modern usage, rifles include those using obsolete
ammunition not commonly available in commercial trade, or that load
through the muzzle and fire a single projectile with each discharge, or
loading, including muzzle loading rifles, flintlock rifles, and black
powder rifles.
12. "Shotgun" means a weapon designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or redesigned
and made or remade to use the energy of the explosive to fire through a
smooth or rifled bore either a number of ball shot or a single
projectile for each single pull of the trigger using either: (a) a fixed
shotgun shell; or (b) a projectile or number of ball shot and explosive
charge are loaded individually for each shot discharged. In addition to
common, modern usage, shotguns include those using obsolete ammunition
not commonly available in commercial trade, or that load through the
muzzle and fires ball shot with each discharge, or loading, including
muzzle loading shotguns, flintlock shotguns, and black powder shotguns.
13. "Cane Sword" means a cane or swagger stick having concealed within
it a blade that may be used as a sword or stilletto.
* 14. "Antique firearm" means:
Any unloaded muzzle loading pistol or revolver with a matchlock,
flintlock, percussion cap, or similar type of ignition system, or a
pistol or revolver which uses fixed cartridges which are no longer
available in the ordinary channels of commercial trade.
* NB There are 2 sb 14's
* 14. "Chuka stick" means any device designed primarily as a weapon,
consisting of two or more lengths of a rigid material joined together by
a thong, rope or chain in such a manner as to allow free movement of a
portion of the device while held in the hand and capable of being
rotated in such a manner as to inflict serious injury upon a person by
striking or choking. These devices are also known as nunchakus and
centrifugal force sticks.
* NB There are 2 sb 14's
15. "Loaded firearm" means any firearm loaded with ammunition or any
firearm which is possessed by one who, at the same time, possesses a
quantity of ammunition which may be used to discharge such firearm.
15-a. "Electronic dart gun" means any device designed primarily as a
weapon, the purpose of which is to momentarily stun, knock out or
paralyze a person by passing an electrical shock to such person by means
of a dart or projectile.
15-b. "Kung Fu star" means a disc-like object with sharpened points on
the circumference thereof and is designed for use primarily as a weapon
to be thrown.
15-c. "Electronic stun gun" means any device designed primarily as a
weapon, the purpose of which is to stun, cause mental disorientation,
knock out or paralyze a person by passing a high voltage electrical
shock to such person.
16. "Certified not suitable to possess a self-defense spray device, a
rifle or shotgun" means that the director or physician in charge of any
hospital or institution for mental illness, public or private, has
certified to the superintendent of state police or to any organized
police department of a county, city, town or village of this state, that
a person who has been judicially adjudicated incompetent, or who has
been confined to such institution for mental illness pursuant to
judicial authority, is not suitable to possess a self-defense spray
device, as defined in section 265.20 of this article, or a rifle or
shotgun.
17. "Serious offense" means (a) any of the following offenses defined
in the current penal law and any offense in any jurisdiction or the
former penal law that includes all of the essential elements of any of
the following offenses: illegally using, carrying or possessing a pistol
or other dangerous weapon; possession of burglar's tools; criminal
possession of stolen property in the third degree; escape in the third
degree; jostling; fraudulent accosting; endangering the welfare of a
child; obscenity in the third degree; issuing abortional articles;
permitting prostitution; promoting prostitution in the third degree;
stalking in the fourth degree; stalking in the third degree; sexual
misconduct; forcible touching; sexual abuse in the third degree; sexual
abuse in the second degree; criminal possession of a controlled
substance in the seventh degree; criminally possessing a hypodermic
instrument; criminally using drug paraphernalia in the second degree;
criminal possession of methamphetamine manufacturing material in the
second degree; and a hate crime defined in article four hundred
eighty-five of this chapter.
(b) any of the following offenses defined in the current penal law and
any offense in any jurisdiction or in the former penal law that includes
all of the essential elements of any of the following offenses, where
the defendant and the person against whom the offense was committed were
members of the same family or household as defined in subdivision one of
section 530.11 of the criminal procedure law and as established pursuant
to section 370.15 of the criminal procedure law: assault in the third
degree; menacing in the third degree; menacing in the second degree;
criminal obstruction of breathing or blood circulation; unlawful
imprisonment in the second degree; coercion in the third degree;
criminal tampering in the third degree; criminal contempt in the second
degree; harassment in the first degree; aggravated harassment in the
second degree; criminal trespass in the third degree; criminal trespass
in the second degree; arson in the fifth degree; or attempt to commit
any of the above-listed offenses.
(c) any misdemeanor offense in any jurisdiction or in the former penal
law that includes all of the essential elements of a felony offense as
defined in the current penal law.
18. "Armor piercing ammunition" means any ammunition capable of being
used in pistols or revolvers containing a projectile or projectile core,
or a projectile or projectile core for use in such ammunition, that is
constructed entirely (excluding the presence of traces of other
substances) from one or a combination of any of the following: tungsten
alloys, steel, iron, brass, bronze, beryllium copper, or uranium.
* 19. "Duly authorized instructor" means (a) a duly commissioned
officer of the United States army, navy, marine corps or coast guard, or
of the national guard of the state of New York; or (b) a duly qualified
adult citizen of the United States who has been granted a certificate as
an instructor in small arms practice issued by the United States army,
navy or marine corps, or by the adjutant general of this state, or by
the national rifle association of America, a not-for-profit corporation
duly organized under the laws of this state; (c) by a person duly
qualified and designated by the department of environmental conservation
under paragraph c of subdivision three of section 11-0713 of the
environmental conservation law as its agent in the giving of instruction
and the making of certifications of qualification in responsible hunting
practices; or (d) a New York state 4-H certified shooting sports
instructor.
* NB Effective until July 15, 2023
* 19. "Duly authorized instructor" means (a) a duly commissioned
officer of the United States army, navy, marine corps or coast guard, or
of the national guard of the state of New York; or (b) a duly qualified
adult citizen of the United States who has been granted a certificate as
an instructor in small arms practice issued by the United States army,
navy or marine corps, or by the adjutant general of this state, or by
the division of criminal justice services, or by the national rifle
association of America, a not-for-profit corporation duly organized
under the laws of this state; (c) by a person duly qualified and
designated by the department of environmental conservation as its agent
in the giving of instruction and the making of certifications of
qualification in responsible hunting practices; or (d) a New York state
4-H certified shooting sports instructor.
* NB Effective July 15, 2023
20. "Disguised gun" means any weapon or device capable of being
concealed on the person from which a shot can be discharged through the
energy of an explosive and is designed and intended to appear to be
either; (a) something other than a gun; or (b) a toy gun that shall
include, but not be limited to, any firearm, rifle, shotgun or
machine-gun displaying a color finish other than the original
manufacture color, a decorative pattern or plastic like surface;
provided, however, that any rifle or shotgun displaying a camouflage
color finish or pattern that is intended for hunting, as defined by
article eleven of the environmental conservation law, shall not be
considered a "disguised gun" for purposes of this section.
21. "Semiautomatic" means any repeating rifle, shotgun or pistol,
regardless of barrel or overall length, which utilizes a portion of the
energy of a firing cartridge or shell to extract the fired cartridge
case or spent shell and chamber the next round, and which requires a
separate pull of the trigger to fire each cartridge or shell.
22. "Assault weapon" means
(a) a semiautomatic rifle that has an ability to accept a detachable
magazine and has at least one of the following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a thumbhole stock;
(iv) a second handgrip or a protruding grip that can be held by the
non-trigger hand;
(v) a bayonet mount;
(vi) a flash suppressor, muzzle break, muzzle compensator, or threaded
barrel designed to accommodate a flash suppressor, muzzle break, or
muzzle compensator;
(vii) a grenade launcher; or
(b) a semiautomatic shotgun that has at least one of the following
characteristics:
(i) a folding or telescoping stock;
(ii) a thumbhole stock;
(iii) a second handgrip or a protruding grip that can be held by the
non-trigger hand;
(iv) a fixed magazine capacity in excess of seven rounds;
(v) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least one of the following characteristics:
(i) a folding or telescoping stock;
(ii) a thumbhole stock;
(iii) a second handgrip or a protruding grip that can be held by the
non-trigger hand;
(iv) capacity to accept an ammunition magazine that attaches to the
pistol outside of the pistol grip;
(v) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(vi) a shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the firearm
with the non-trigger hand without being burned;
(vii) a manufactured weight of fifty ounces or more when the pistol is
unloaded; or
(viii) a semiautomatic version of an automatic rifle, shotgun or
firearm;
(d) a revolving cylinder shotgun;
(e) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or weapon defined in subparagraph (v) of paragraph (e) of
subdivision twenty-two of section 265.00 of this chapter as added by
chapter one hundred eighty-nine of the laws of two thousand and
otherwise lawfully possessed pursuant to such chapter of the laws of two
thousand prior to September fourteenth, nineteen hundred ninety-four;
(f) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or weapon defined in paragraph (a), (b) or (c) of this
subdivision, possessed prior to the date of enactment of the chapter of
the laws of two thousand thirteen which added this paragraph;
(g) provided, however, that such term does not include:
(i) any rifle, shotgun or pistol that (A) is manually operated by
bolt, pump, lever or slide action; (B) has been rendered permanently
inoperable; or (C) is an antique firearm as defined in 18 U.S.C.
921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine
that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds
of ammunition in a fixed or detachable magazine; or
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured
on October first, nineteen hundred ninety-three. The mere fact that a
weapon is not listed in Appendix A shall not be construed to mean that
such weapon is an assault weapon;
(v) any weapon validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter. Such weapons shall be subject to the
provisions of paragraph (h) of this subdivision;
(vi) any firearm, rifle, or shotgun that was manufactured at least
fifty years prior to the current date, but not including replicas
thereof that is validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter;
(h) Any weapon defined in paragraph (e) or (f) of this subdivision may
only be sold to, exchanged with or disposed of to a purchaser authorized
to possess such weapons or to an individual or entity outside of the
state provided that any such transfer to an individual or entity outside
of the state must be reported to the entity wherein the weapon is
registered within seventy-two hours of such transfer. An individual who
transfers any such weapon to an individual inside New York state or
without complying with the provisions of this paragraph shall be guilty
of a class A misdemeanor.
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, that has a capacity of, or that can
be readily restored or converted to accept, more than ten rounds of
ammunition; provided, however, that such term does not include an
attached tubular device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition or a feeding device that is a
curio or relic. A feeding device that is a curio or relic is defined as
a device that (i) was manufactured at least fifty years prior to the
current date, (ii) is only capable of being used exclusively in a
firearm, rifle, or shotgun that was manufactured at least fifty years
prior to the current date, but not including replicas thereof, (iii) is
possessed by an individual who is not prohibited by state or federal law
from possessing a firearm and (iv) is registered with the division of
state police pursuant to subdivision sixteen-a of section 400.00 of this
chapter, except such feeding devices transferred into the state may be
registered at any time, provided they are registered within thirty days
of their transfer into the state. Notwithstanding paragraph (h) of
subdivision twenty-two of this section, such feeding devices may be
transferred provided that such transfer shall be subject to the
provisions of section 400.03 of this chapter including the check
required to be conducted pursuant to such section.
24. "Seller of ammunition" means any person, firm, partnership,
corporation or company who engages in the business of purchasing,
selling or keeping ammunition.
25. "Qualified retired New York or federal law enforcement officer"
means an individual who is a retired police officer as police officer is
defined in subdivision thirty-four of section 1.20 of the criminal
procedure law, a retired peace officer as peace officer is defined in
section 2.10 of the criminal procedure law or a retired federal law
enforcement officer as federal law enforcement officer is defined in
section 2.15 of the criminal procedure law, who: (a) separated from
service in good standing from a public agency located in New York state
in which such person served as either a police officer, peace officer or
federal law enforcement officer; and (b) before such separation, was
authorized by law to engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any person
for, any violation of law, and had statutory powers of arrest, pursuant
to their official duties, under the criminal procedure law; and (c) (i)
before such separation, served as either a police officer, peace officer
or federal law enforcement officer for five years or more and at the
time of separation, is such an officer; or (ii) separated from service
with such agency, after completing any applicable probationary period of
such service, due to a service-connected disability, as determined by
such agency at or before the time of separation; and (d)(i) has not been
found by a qualified medical professional employed by such agency to be
unqualified for reasons relating to mental health; or (ii) has not
entered into an agreement with such agency from which the individual is
separating from service in which that individual acknowledges he or she
is not qualified for reasons relating to mental health; and (e) is not
otherwise prohibited by New York or federal law from possessing any
firearm.
26. "Rapid-fire modification device" means any bump stock, trigger
crank, binary trigger system, burst trigger system, or any other device
that is designed to accelerate the rate of fire of a semi-automatic
firearm, rifle or shotgun.
27. "Bump stock" means any device or instrument that increases the
rate of fire achievable with a semi-automatic firearm, rifle or shotgun
by using energy from the recoil of the weapon to generate a
reciprocating action that facilitates repeated activation of the
trigger.
28. "Trigger crank" means any device or instrument that repeatedly
activates the trigger of a semi-automatic firearm, rifle or shotgun
through the use of a lever or other part that is turned in a circular
motion and thereby accelerates the rate of fire of such firearm, rifle
or shotgun, provided, however, that "trigger crank" shall not include
any weapon initially designed and manufactured to fire through the use
of a crank or lever.
29. "Binary trigger system" means any device that, when installed in
or attached to a semi-automatic firearm rifle, or shotgun causes that
weapon to fire once when the trigger is pulled and again when the
trigger is released.
30. "Burst trigger system" means any device that, when installed in or
attached to a semi-automatic firearm, rifle, or shot gun, allows that
weapon to discharge two or more shots with a single pull or the trigger
by altering the trigger reset.
31. "New York state 4-H certified shooting instructor" means a
certified shooting sports instructor of the National 4-H Shooting
Sports, a non-profit organization, engaged in shooting education and
youth development programming that is administered by the National
Institute of Food and Agriculture of the United States department of
agriculture.
* 32. "Unfinished frame or receiver" means any unserialized material
that does not constitute the frame or receiver of a firearm, rifle or
shotgun but that has been shaped or formed in any way for the purpose of
becoming the frame or receiver of a firearm, rifle or shotgun, and which
may readily be made into a functional frame or receiver through milling,
drilling or other means.
* NB There are 2 sb 32's
* 32. "Ghost gun" means a firearm, rifle or shotgun that does not
comply with the provisions of section 265.07 of this article and is not
serialized.
* NB There are 2 sb 32's
33. "Microstamp" means a unique alphanumeric or geometric code that
identifies the make, model, and serial number of a firearm.
34. "Microstamping component" means a component part of a
semi-automatic pistol that will produce a microstamp on at least one
location of the expended cartridge case each time the pistol is fired.
35. "Microstamping-enabled pistol" means any semiautomatic pistol that
contains a microstamping component.
NYSentencing