§ 265.15 Presumptions of possession, unlawful intent and defacement.
1. The presence in any room, dwelling, structure or vehicle of any
machine-gun is presumptive evidence of its unlawful possession by all
persons occupying the place where such machine-gun is found.
2. The presence in any stolen vehicle of any weapon, instrument,
appliance or substance specified in sections 265.01, 265.02, 265.03,
265.04 and 265.05 is presumptive evidence of its possession by all
persons occupying such vehicle at the time such weapon, instrument,
appliance or substance is found.
3. The presence in an automobile, other than a stolen one or a
public omnibus, of any firearm, large capacity ammunition feeding
device, defaced firearm, defaced rifle or shotgun, defaced large
capacity ammunition feeding device, firearm silencer, explosive or
incendiary bomb, bombshell, switchblade knife, pilum
ballistic knife, metal knuckle knife, dagger, dirk, stiletto, billy,
blackjack, plastic knuckles, metal knuckles, chuka stick, sandbag,
sandclub or slungshot is presumptive evidence of its possession by all
persons occupying such automobile at the time such weapon, instrument or
appliance is found, except under the following circumstances: (a) if
such weapon, instrument or appliance is found upon the person of one of
the occupants therein; (b) if such weapon, instrument or appliance is
found in an automobile which is being operated for hire by a duly
licensed driver in the due, lawful and proper pursuit of his or her
trade, then such presumption shall not apply to the driver; or (c) if
the weapon so found is a pistol or revolver and one of the occupants,
not present under duress, has in his or her possession a valid license
to have and carry concealed the same.
(As amended by L.2019 c.34 effective 05/30/19.)
4. The possession by any person of the substance as specified in
section 265.04 is presumptive evidence of possessing such substance with
intent to use the same unlawfully against the person or property of
another if such person is not licensed or otherwise authorized to
possess such substance. The possession by any person of any dagger,
dirk, stiletto, dangerous knife or any other weapon, instrument,
appliance or substance designed, made or adapted for use primarily as a
weapon, is presumptive evidence of intent to use the same unlawfully
against another.
5. The possession by any person of a defaced machine-gun, firearm,
rifle or shotgun is presumptive evidence that such person defaced the
same.
6. The possession of three or more firearms by any person is
presumptive evidence that such person possessed the firearms with the
intent to sell same.
(As amended L.2022 c.56 Part UU effective 05/09/22.)
NYSentencing