 |
|
Thursday, May 15, 2003
|
|
New York State Consolidated Laws
|
|
Back |
New York State Laws | Assembly Home
|
Penal
ARTICLE 265
FIREARMS AND OTHER DANGEROUS WEAPONS
Section 265.00 Definitions.
265.01 Criminal possession of a weapon in the fourth degree.
265.02 Criminal possession of a weapon in the third degree.
265.03 Criminal possession of a weapon in the second degree.
265.04 Criminal possession of a dangerous weapon in the first
degree.
265.05 Unlawful possession of weapons by persons under sixteen.
265.06 Unlawful possession of a weapon upon school grounds.
265.08 Criminal use of a firearm in the second degree.
265.09 Criminal use of a firearm in the first degree.
265.10 Manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances.
265.11 Criminal sale of a firearm in the third degree.
265.12 Criminal sale of a firearm in the second degree.
265.13 Criminal sale of a firearm in the first degree.
265.14 Criminal sale of a firearm with the aid of a minor.
265.15 Presumptions of possession, unlawful intent and deface-
ment.
265.16 Criminal sale of a firearm to a minor.
265.17 Criminal purchase of a weapon.
265.20 Exemptions.
265.25 Certain wounds to be reported.
265.26 Burn injury and wounds to be reported.
265.30 Certain convictions to be reported.
265.35 Prohibited use of weapons.
265.40 Purchase of rifles and/or shotguns in contiguous states.
S 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 maga-
zine 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, modifica-
tion, 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. 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.
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 appli-
cation 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 metal knuckles, nor as a knife and when open, can
function as both a set of metal knuckles as well as a knife.
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 iden-
tification 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 ammu-
nition feeding device or machine-gun.
9. "Dealer in firearms" means any person, firm, partnership, corpo-
ration 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 or
revolver.
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 in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.
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 in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.
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 para-
lyze 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 judi-
cial 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 former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven: illegally using, carrying
or possessing a pistol or other dangerous weapon; making or possessing
burglar`s instruments; buying or receiving stolen property; unlawful
entry of a building; aiding escape from prison; that kind of disorderly
conduct defined in subdivisions six and eight of section seven hundred
twenty-two of such former penal law; violations of sections four hundred
eighty-three, four hundred eighty-three-b, four hundred eighty-four-h
and article one hundred six of such former penal law; that kind of sodo-
my or rape which was designated as a misdemeanor; violation of section
seventeen hundred forty-seven-d and seventeen hundred forty-seven-e of
such former penal law; any violation of any provision of article thir-
ty-three of the public health law relating to narcotic drugs which was
defined as a misdemeanor by section seventeen hundred fifty-one-a of
such former penal law, and any violation of any provision of article
thirty-three-A of the public health law relating to depressant and stim-
ulant drugs which was defined as a misdemeanor by section seventeen
hundred forty-seven-b of such former penal law.
* (b) any of the following offenses defined in the penal law: illegal-
ly 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; that kind of loitering defined in subdivision three of
section 240.35; endangering the welfare of a child; the offenses defined
in article two hundred thirty-five; issuing abortional articles; permit-
ting prostitution; promoting prostitution in the third degree; stalking
in the fourth degree; stalking in the third degree; the offenses defined
in article one hundred thirty; the offenses defined in article two
hundred twenty.
* NB There are 2 par. b`s
* (b) any of the following offenses defined in the penal law: illegal-
ly 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; that kind of loitering defined in subdivision three of
section 240.35; endangering the welfare of a child; the offenses defined
in article two hundred thirty-five; issuing abortional articles; permit-
ting prostitution; promoting prostitution in the third degree; stalking
in the third degree; stalking in the fourth degree; the offenses defined
in article one hundred thirty; the offenses defined in article two
hundred twenty.
* NB There are 2 par. b`s
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; or (c) by a person duly quali-
fied and designated by the department of environmental conservation
under paragraph d of subdivision six of section 11-0713 of the environ-
mental conservation law as its agent in the giving of instruction and
the making of certifications of qualification in responsible hunting
practices.
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
something other than a gun.
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 abil-
ity to accept a detachable magazine and has at least two of the follow-
ing characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor;
(v) a grenade launcher; or
(b) a semiautomatic shotgun that has at least two 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 fixed magazine capacity in excess of five rounds;
(iv) 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 two of the following characteristics:
(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encir-
cles, the barrel and that permits the shooter to hold the firearm with
the nontrigger hand without being burned;
(iv) a manufactured weight of fifty ounces or more when the pistol is
unloaded;
(v) a semiautomatic version of an automatic rifle, shotgun or firearm;
or
(d) any of the weapons, or functioning frames or receivers of such
weapons, or copies or duplicates of such weapons, in any caliber, known
as:
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12;
(e) 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;
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
specified in Appendix A to section 922 of 18 U.S.C. 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; or
(v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or any of the weapons defined in paragraph (d) of this subdivi-
sion lawfully possessed prior to September fourteenth, nineteen hundred
ninety-four.
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, manufactured after September thir-
teenth, nineteen hundred ninety-four, 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.
S 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.
S 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third
degree when:
(1) He commits the crime of criminal possession of a weapon in the
fourth degree as defined in subdivision one, two, three or five of
section 265.01, and has been previously convicted of any crime; or
(2) He possesses any explosive or incendiary bomb, bombshell, firearm
silencer, machine-gun or any other firearm or weapon simulating a
machine-gun and which is adaptable for such use; or
(3) He knowingly has in his possession a machine-gun, firearm, rifle
or shotgun which has been defaced for the purpose of concealment or
prevention of the detection of a crime or misrepresenting the identity
of such machine-gun, firearm, rifle or shotgun; or
(4) Such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven, constitute a
violation of this section if such possession takes place in such
person`s home or place of business; or
(5) (i) Such person possesses twenty or more firearms; or (ii) such
person possesses a firearm and has been previously convicted of a felony
or a class A misdemeanor defined in this chapter within the five years
immediately preceding the commission of the offense and such possession
did not take place in the person`s home or place of business; or
(6) Such person knowingly possesses any disguised gun; or
(7) Such person possesses an assault weapon; or
(8) Such person possesses a large capacity ammunition feeding device.
Criminal possession of a weapon in the third degree is a class D felo-
ny.
S 265.03 Criminal possession of a weapon in the second degree.
A person is guilty of criminal possession of a weapon in the second
degree when, with intent to use the same unlawfully against another:
(1) He possesses a machine-gun; or
(2) He possesses a loaded firearm; or
(3) He possesses a disguised gun.
Criminal possession of a weapon in the second degree is a class C
felony.
Sec. 265.04 Criminal possession of a dangerous weapon in the first degree.
A person is guilty of criminal possession of a dangerous weapon in the
first degree when he possesses any explosive substance with intent to use
the same unlawfully against the person or property of another.
Criminal possession of a weapon in the first degree is a class B
felony.
S 265.05 Unlawful possession of weapons by persons under sixteen.
It shall be unlawful for any person under the age of sixteen to
possess any air-gun, spring-gun or other instrument or weapon in which
the propelling force is a spring or air, or any gun or any instrument or
weapon in or upon which any loaded or blank cartridges may be used, or
any loaded or blank cartridges or ammunition therefor, or any dangerous
knife; provided that the possession of rifle or shotgun or ammunition
therefor by the holder of a hunting license or permit issued pursuant to
article eleven of the environmental conservation law and used in
accordance with said law shall not be governed by this section.
A person who violates the provisions of this section shall be
adjudged a juvenile delinquent.
S 265.06 Unlawful possession of a weapon upon school grounds.
It shall be unlawful for any person age sixteen or older to knowingly
possess any air-gun, spring-gun or other instrument or weapon in which
the propelling force is a spring, air, piston or CO2 cartridge in or
upon a building or grounds, used for educational purposes, of any
school, college or university, without the written authorization of such
educational institution.
Unlawful possession of a weapon upon school grounds is a violation.
S 265.08 Criminal use of a firearm in the second degree.
A person is guilty of criminal use of a firearm in the second
degree when he commits any class C violent felony offense as
defined in paragraph (b) of subdivision one of section 70.02 and
he either:
(1) possesses a deadly weapon, if the weapon is a loaded
weapon from which a shot, readily capable of producing death or
other serious injury may be discharged; or
(2) displays what appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm.
Criminal use of a firearm in the second degree is a class C
felony.
S 265.09 Criminal use of a firearm in the first degree.
(1) A person is guilty of criminal use of a firearm in the first
degree when he commits any class B violent felony offense as defined
in paragraph (a) of subdivision one of section 70.02 and he either:
(a) possesses a deadly weapon, if the weapon is a loaded weapon from
which a shot, readily capable of producing death or other serious
injury may be discharged; or
(b) displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
Criminal use of a firearm in the first degree is a class B felony.
(2) Sentencing. Notwithstanding any other provision of law to the
contrary, when a person is convicted of criminal use of a firearm in
the first degree as defined in subdivision one of this section, the
court shall impose an additional consecutive sentence of five years to
the minimum term of an indeterminate sentence imposed on the
underlying class B violent felony offense where the person convicted
of such crime displays a loaded weapon from which a shot, readily
capable of producing death or other serious injury may be discharged,
in furtherance of the commission of such crime, provided, however,
that such additional sentence shall not be imposed if the court,
having regard to the nature and circumstances of the crime and to the
history and character of the defendant, finds on the record that such
additional consecutive sentence would be unduly harsh and that not
imposing such sentence would be consistent with the public safety and
would not deprecate the seriousness of the crime. Notwithstanding any
other provision of law to the contrary, the aggregate of the five year
consecutive term imposed pursuant to this subdivision and the minimum
term of the indeterminate sentence imposed on the underlying class B
violent felony shall constitute the new aggregate minimum term of
imprisonment, and a person subject to such term shall be required to
serve the entire aggregate minimum term and shall not be eligible for
release on parole or conditional release during such term. This
subdivision shall not apply where the defendant`s criminal liability
for displaying a loaded weapon from which a shot, readily capable of
producing death or other serious injury may be discharged, in
furtherance of the commission of crime is based on the conduct of
another pursuant to section 20.00 of the penal law.
S 265.10 Manufacture, transport, disposition and defacement of weapons
and dangerous instruments and appliances.
1. Any person who manufactures or causes to be manufactured any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised gun is guilty of a class D felony. Any person who manufactures
or causes to be manufactured any switchblade knife, gravity knife, pilum
ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, metal
knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is
guilty of a class A misdemeanor.
2. Any person who transports or ships any machine-gun, firearm silenc-
er, assault weapon or large capacity ammunition feeding device or
disguised gun, or who transports or ships as merchandise five or more
firearms, is guilty of a class D felony. Any person who transports or
ships as merchandise any firearm, other than an assault weapon, switch-
blade knife, gravity knife, pilum ballistic knife, billy, blackjack,
bludgeon, metal knuckles, Kung Fu star, chuka stick, sandbag or slung-
shot is guilty of a class A misdemeanor.
3. Any person who disposes of any machine-gun, assault weapon, large
capacity ammunition feeding device or firearm silencer is guilty of a
class D felony. Any person who knowingly buys, receives, disposes of, or
conceals a machine-gun, firearm, large capacity ammunition feeding
device, rifle or shotgun which has been defaced for the purpose of
concealment or prevention of the detection of a crime or misrepresenting
the identity of such machine-gun, firearm, large capacity ammunition
feeding device, rifle or shotgun is guilty of a class D felony.
4. Any person who disposes of any of the weapons, instruments or
appliances specified in subdivision one of section 265.01, except a
firearm, is guilty of a class A misdemeanor, and he is guilty of a class
D felony if he has previously been convicted of any crime.
5. Any person who disposes of any of the weapons, instruments, appli-
ances or substances specified in section 265.05 to any other person
under the age of sixteen years is guilty of a class A misdemeanor.
6. Any person who wilfully defaces any machine-gun, large capacity
ammunition feeding device or firearm is guilty of a class D felony.
7. Any person, other than a wholesale dealer, or gunsmith or dealer in
firearms duly licensed pursuant to section 400.00, lawfully in
possession of a firearm, who disposes of the same without first notify-
ing in writing the licensing officer in the city of New York and coun-
ties of Nassau and Suffolk and elsewhere in the state the executive
department, division of state police, Albany, is guilty of a class A
misdemeanor.
S 265.11 Criminal sale of a firearm in the third degree.
A person is guilty of criminal sale of a firearm in the third degree
when he is not authorized pursuant to law to possess a firearm and he
unlawfully either:
(1) sells, exchanges, gives or disposes of a firearm or large capacity
ammunition feeding device to another person; or
(2) possesses a firearm with the intent to sell it.
Criminal sale of a firearm in the third degree is a class D felony.
S 265.12 Criminal sale of a firearm in the second degree.
A person is guilty of criminal sale of a firearm in the second degree
when he unlawfully sells, exchanges, gives or disposes of to another ten
or more firearms.
Criminal sale of a firearm in the second degree is a class C felony.
S 265.13 Criminal sale of a firearm in the first degree.
A person is guilty of a criminal sale of a firearm in the first degree
when he unlawfully sells, exchanges, gives or disposes of to another
twenty or more firearms.
Criminal sale of a firearm in the first degree is a class B felony.
S 265.14 Criminal sale of a firearm with the aid of a minor.
A person over the age of eighteen years of age is guilty of criminal
sale of a weapon with the aid of a minor when a person under sixteen
years of age knowingly and unlawfully sells, exchanges, gives or
disposes of a firearm in violation of this article, and such person over
the age of eighteen years of age, acting with the mental culpability
required for the commission thereof, solicits, requests, commands,
importunes or intentionally aids such person under sixteen years of age
to engage in such conduct.
Criminal sale of a firearm with the aid of a minor is a class C felo-
ny.
S 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 ammu-
nition feeding device, firearm silencer, explosive or incendiary bomb,
bombshell, gravity knife, switchblade knife, pilum ballistic knife,
metal knuckle knife, dagger, dirk, stiletto, billy, blackjack, 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 weap-
on, instrument or appliance is found in an automobile which is being
operated for hire by a duly licensed driver in the due, lawful and prop-
er 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.
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, appli-
ance or substance designed, made or adapted for use primarily as a weap-
on, 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 five or more firearms by any person is presump-
tive evidence that such person possessed the firearms with the intent to
sell same.
S 265.16 Criminal sale of a firearm to a minor.
A person is guilty of criminal sale of a firearm to a minor when he is
not authorized pursuant to law to possess a firearm and he unlawfully
sells, exchanges, gives or disposes of a firearm to another person who
is or reasonably appears to be less than nineteen years of age who is
not licensed pursuant to law to possess a firearm.
Criminal sale of a firearm to a minor is a class C felony.
S 265.17 Criminal purchase of a weapon.
A person is guilty of criminal purchase of a weapon when:
1. Knowing that he or she is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, such person
attempts to purchase a firearm, rifle or shotgun from another person; or
2. Knowing that it would be unlawful for another person to possess a
firearm, rifle or shotgun, he or she purchases a firearm, rifle or shot-
gun for, on behalf of, or for the use of such other person.
Criminal purchase of a weapon is a class A misdemeanor.
S 265.20 Exemptions.
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:
1. Possession of any of the weapons, instruments, appliances or
substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
and 270.05 by the following:
(a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess the
same.
(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
(c) Peace officers as defined by section 2.10 of the criminal proce-
dure law.
(d) Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal law, regu-
lation or order to possess the same.
(e) Persons employed in fulfilling defense contracts with the govern-
ment of the United States or agencies thereof when possession of the
same is necessary for manufacture, transport, installation and testing
under the requirements of such contract.
(f) A person voluntarily surrendering such weapon, instrument, appli-
ance or substance, provided that such surrender shall be made to the
superintendent of the division of state police or a member thereof
designated by such superintendent, or to the sheriff of the county in
which such person resides, or in the county of Nassau or in the towns of
Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of
Suffolk to the commissioner of police or a member of the police depart-
ment thereof designated by such commissioner, or if such person resides
in a city, town other than one named in this subparagraph, or village to
the police commissioner or head of the police force or department there-
of or to a member of the force or department designated by such commis-
sioner or head; and provided, further, that the same shall be surren-
dered by such person in accordance with such terms and conditions as may
be established by such superintendent, sheriff, police force or depart-
ment. Nothing in this paragraph shall be construed as granting immunity
from prosecution for any crime or offense except that of unlawful
possession of such weapons, instruments, appliances or substances
surrendered as herein provided. A person who possesses any such weapon,
instrument, appliance or substance as an executor or administrator or
any other lawful possessor of such property of a decedent may continue
to possess such property for a period not over fifteen days. If such
property is not lawfully disposed of within such period the possessor
shall deliver it to an appropriate official described in this paragraph
or such property may be delivered to the superintendent of state police.
Such officer shall hold it and shall thereafter deliver it on the writ-
ten request of such executor, administrator or other lawful possessor of
such property to a named person, provided such named person is licensed
to or is otherwise lawfully permitted to possess the same. If no request
to deliver the property is received by such official within two years of
the delivery of such property, such official shall dispose of it in
accordance with the provisions of section 400.05 of this chapter.
2. Possession of a machine-gun, large capacity ammunition feeding
device, firearm, switchblade knife, gravity knife, pilum ballistic
knife, billy or blackjack by a warden, superintendent, headkeeper or
deputy of a state prison, penitentiary, workhouse, county jail or other
institution for the detention of persons convicted or accused of crime
or detained as witnesses in criminal cases, in pursuit of official duty
or when duly authorized by regulation or order to possess the same.
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter; provided, that such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.
4. Possession of a rifle, shotgun or longbow for use while hunting,
trapping or fishing, by a person, not a citizen of the United States,
carrying a valid license issued pursuant to section 11-0713 of the envi-
ronmental conservation law.
5. Possession of a rifle or shotgun by a person who has been convicted
as specified in subdivision four of section 265.01 to whom a certificate
of good conduct has been issued pursuant to section seven hundred
three-b of the correction law.
6. Possession of a switchblade or gravity knife for use while hunting,
trapping or fishing by a person carrying a valid license issued to him
pursuant to section 11-0713 of the environmental conservation law.
7. Possession, at an indoor or outdoor shooting range for the purpose
of loading and firing, of a rifle or shotgun, the propelling force of
which is gunpowder by a person under sixteen years of age but not under
twelve, under the immediate supervision, guidance and instruction of (a)
a duly commissioned officer of the United States army, navy, air force,
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, air force 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; or (c) a parent, guardian, or a person over the age of
eighteen designated in writing by such parent or guardian who shall have
a certificate of qualification in responsible hunting, including safety,
ethics, and landowner relations-hunter relations, issued or honored by
the department of environmental conservation; or (d) an agent of the
department of environmental conservation appointed to conduct courses in
responsible hunting practices pursuant to article eleven of the environ-
mental conservation law.
7-a. Possession and use, at an indoor or outdoor pistol range located
in or on premises owned or occupied by a duly incorporated organization
organized for conservation purposes or to foster proficiency in small
arms or at a target pistol shooting competition under the auspices of or
approved by the national rifle association for the purpose of loading
and firing the same, by a person duly licensed to possess a pistol or
revolver pursuant to section 400.00 or 400.01 of this chapter of a
pistol or revolver duly so licensed to another person who is present at
the time.
7-b. Possession and use, at an indoor or outdoor pistol range located
in or on premises owned or occupied by a duly incorporated organization
organized for conservation purposes or to foster proficiency in small
arms or at a target pistol shooting competition under the auspices of or
approved by the national rifle association for the purpose of loading
and firing the same, by a person who has applied for a license to
possess a pistol or revolver and pre-license possession of same pursuant
to section 400.00 or 400.01 of this chapter, who has not been previously
denied a license, been previously convicted of a felony or serious
offense, and who does not appear to be, or pose a threat to be, a danger
to himself or to others, and who has been approved for possession and
use herein in accordance with section 400.00 or 400.01 of this chapter;
provided however, that such possession shall be of a pistol or revolver
duly licensed to and shall be used under the supervision, guidance and
instruction of, a person specified in paragraph seven of this subdivi-
sion and provided further that such possession and use be within the
jurisdiction of the licensing officer with whom the person has made
application therefor or within the jurisdiction of the superintendent of
state police in the case of a retired sworn member of the division of
state police who has made an application pursuant to section 400.01 of
this chapter.
7-c. Possession for the purpose of loading and firing, of a rifle,
pistol or shotgun, the propelling force of which may be either air,
compressed gas or springs, by a person under sixteen years of age but
not under twelve, under the immediate supervision, guidance and instruc-
tion of (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 adju-
tant 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; or (c) a parent, guardian, or a person over the age of eigh-
teen designated in writing by such parent or guardian who shall have a
certificate of qualification in responsible hunting, including safety,
ethics, and landowner relations-hunter relations, issued or honored by
the department of environmental conservation.
7-d. Possession, at an indoor or outdoor shooting range for the
purpose of loading and firing, of a rifle, pistol or shotgun, the
propelling force of which may be either air, compressed gas or springs,
by a person under twelve years of age, under the immediate supervision,
guidance and instruction of (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; or (c) a parent, guardian, or a
person over the age of eighteen designated in writing by such parent or
guardian who shall have a certificate of qualification in responsible
hunting, including safety, ethics, and landowner relations-hunter
relations, issued or honored by the department of environmental conser-
vation.
7-e. Possession and use of a pistol or revolver, at an indoor or
outdoor pistol range located in or on premises owned or occupied by a
duly incorporated organization organized for conservation purposes or to
foster proficiency in small arms or at a target pistol shooting competi-
tion under the auspices of or approved by an association or organization
described in paragraph 7-a of this subdivision for the purpose of load-
ing and firing the same by a person at least eighteen years of age but
under the age of twenty-one who has not been previously convicted of a
felony or serious offense, and who does not appear to be, or pose a
threat to be, a danger to himself or to others; provided however, that
such possession shall be of a pistol or revolver duly licensed to and
shall be used under the immediate supervision, guidance and instruction
of, a person specified in paragraph seven of this subdivision.
8. The manufacturer of machine-guns, assault weapons, large capacity
ammunition feeding devices, disguised guns, pilum ballistic knives,
switchblade or gravity knives, billies or blackjacks as merchandise and
the disposal and shipment thereof direct to a regularly constituted or
appointed state or municipal police department, sheriff, policeman or
other peace officer, or to a state prison, penitentiary, workhouse,
county jail or other institution for the detention of persons convicted
or accused of crime or held as witnesses in criminal cases, or to the
military service of this state or of the United States.
9. The regular and ordinary transport of firearms as merchandise,
provided that the person transporting such firearms, where he knows or
has reasonable means of ascertaining what he is transporting, notifies
in writing the police commissioner, police chief or other law enforce-
ment officer performing such functions at the place of delivery, of the
name and address of the consignee and the place of delivery, and with-
holds delivery to the consignee for such reasonable period of time
designated in writing by such police commissioner, police chief or other
law enforcement officer as such official may deem necessary for investi-
gation as to whether the consignee may lawfully receive and possess such
firearms.
9-a. a. Except as provided in subdivision b hereof, the regular and
ordinary transport of pistols or revolvers by a manufacturer of firearms
to whom a license as a dealer in firearms has been issued pursuant to
section 400.00 of this chapter, or by an agent or employee of such
manufacturer of firearms who is otherwise duly licensed to carry a
pistol or revolver and who is duly authorized in writing by such
manufacturer of firearms to transport pistols or revolvers on the date
or dates specified, directly between places where the manufacturer of
firearms regularly conducts business provided such pistols or revolvers
are transported unloaded, in a locked opaque container. For purposes of
this subdivision, places where the manufacturer of firearms regularly
conducts business includes, but is not limited to places where the
manufacturer of firearms regularly or customarily conducts development
or design of pistols or revolvers, or regularly or customarily conducts
tests on pistols or revolvers, or regularly or customarily participates
in the exposition of firearms to the public.
b. The transportation of such pistols or revolvers into, out of or
within the city of New York may be done only with the consent of the
police commissioner of the city of New York. To obtain such consent, the
manufacturer must notify the police commissioner in writing of the name
and address of the transporting manufacturer, or agent or employee of
the manufacturer who is authorized in writing by such manufacturer to
transport pistols or revolvers, the number, make and model number of the
firearms to be transported and the place where the manufacturer regular-
ly conducts business within the city of New York and such other informa-
tion as the commissioner may deem necessary. The manufacturer must not
transport such pistols and revolvers between the designated places of
business for such reasonable period of time designated in writing by the
police commissioner as such official may deem necessary for investi-
gation and to give consent. The police commissioner may not unreasonably
withhold his consent.
10. Engaging in the business of gunsmith or dealer in firearms by a
person to whom a valid license therefor has been issued pursuant to
section 400.00.
11. Possession of a firearm or large capacity ammunition feeding
device by a police officer or sworn peace officer of another state while
conducting official business within the state of New York.
12. Possession of a pistol or revolver by a person who is a member or
coach of an accredited college or university target pistol team while
transporting the pistol or revolver into or through New York state to
participate in a collegiate, olympic or target pistol shooting competi-
tion under the auspices of or approved by the national rifle associ-
ation, provided such pistol or revolver is unloaded and carried in a
locked carrying case and the ammunition therefor is carried in a sepa-
rate locked container.
13. Possession of pistols and revolvers by a person who is a nonresi-
dent of this state while attending or traveling to or from, an organized
competitive pistol match or league competition under auspices of, or
approved by, the National Rifle Association and in which he is a compet-
itor, within forty-eight hours of such event or by a person who is a
non-resident of the state while attending or traveling to or from an
organized match sanctioned by the International Handgun Metallic Silhou-
ette Association and in which he is a competitor, within forty-eight
hours of such event, provided that he has not been previously convicted
of a felony or a crime which, if committed in New York, would constitute
a felony, and further provided that the pistols or revolvers are trans-
ported unloaded in a locked opaque container together with a copy of the
match program, match schedule or match registration card. Such documen-
tation shall constitute prima facie evidence of exemption, providing
that such person also has in his possession a pistol license or firearms
registration card issued in accordance with the laws of his place of
residence. For purposes of this subdivision, a person licensed in a
jurisdiction which does not authorize such license by a person who has
been previously convicted of a felony shall be presumed to have no prior
conviction. The superintendent of state police shall annually review the
laws of jurisdictions within the United States and Canada with respect
to the applicable requirements for licensing or registration of firearms
and shall publish a list of those jurisdictions which prohibit
possession of a firearm by a person previously convicted of a felony or
crimes which if committed in New York state would constitute a felony.
13-a. Except in cities not wholly contained within a single county of
the state, possession of pistols and revolvers by a person who is a
nonresident of this state while attending or traveling to or from, an
organized convention or exhibition for the display of or education about
firearms, which is conducted under auspices of, or approved by, the
National Rifle Association and in which he is a registered participant,
within forty-eight hours of such event, provided that he has not been
previously convicted of a felony or a crime which, if committed in New
York, would constitute a felony, and further provided that the pistols
or revolvers are transported unloaded in a locked opaque container
together with a copy of the convention or exhibition program, convention
or exhibition schedule or convention or exhibition registration card.
Such documentation shall constitute prima facie evidence of exemption,
providing that such person also has in his possession a pistol license
or firearms registration card issued in accordance with the laws of his
place of residence. For purposes of this paragraph, a person licensed in
a jurisdiction which does not authorize such license by a person who has
been previously convicted of a felony shall be presumed to have no prior
conviction. The superintendent of state police shall annually review the
laws of jurisdictions within the United States and Canada with respect
to the applicable requirements for licensing or registration of firearms
and shall publish a list of those jurisdictions which prohibit
possession of a firearm by a person previously convicted of a felony or
crimes which if committed in New York state would constitute a felony.
14. Possession in accordance with the provisions of this paragraph of
a self-defense spray device as defined herein for the protection of a
person or property and use of such self-defense spray device under
circumstances which would justify the use of physical force pursuant to
article thirty-five of this chapter.
(a) As used in this section "self-defense spray device" shall mean a
pocket sized spray device which contains and releases a chemical or
organic substance which is intended to produce temporary physical
discomfort or disability through being vaporized or otherwise dispensed
in the air or any like device containing tear gas, pepper or similar
disabling agent.
(b) The exemption under this paragraph shall not apply to a person
who:
(i) is less than eighteen years of age; or
(ii) has been previously convicted in this state of a felony or any
assault; or
(iii) has been convicted of a crime outside the state of New York
which if committed in New York would constitute a felony or any assault
crime.
(c) The department of health, with the cooperation of the division of
criminal justice services and the superintendent of state police, shall
develop standards and promulgate regulations regarding the type of self-
defense spray device which may lawfully be purchased, possessed and used
pursuant to this paragraph. The regulations shall include a requirement
that every self-defense spray device which may be lawfully purchased,
possessed or used pursuant to this paragraph have a label which states:
"WARNING: The use of this substance or device for any purpose other than
self-defense is a criminal offense under the law. The contents are
dangerous - use with care. This device shall not be sold by anyone other
than a licensed or authorized dealer. Possession of this device by any
person under the age of eighteen or by anyone who has been convicted of
a felony or assault is illegal. Violators may be prosecuted under the
law."
15. Possession and sale of a self-defense spray device as defined in
paragraph fourteen of this subdivision by a dealer in firearms licensed
pursuant to section 400.00 of this chapter, a pharmacist licensed pursu-
ant to article one hundred thirty-seven of the education law or by such
other vendor as may be authorized and approved by the superintendent of
state police.
(a) Every self-defense spray device shall be accompanied by an insert
or inserts which include directions for use, first aid information,
safety and storage information and which shall also contain a toll free
telephone number for the purpose of allowing any purchaser to call and
receive additional information regarding the availability of local
courses in self-defense training and safety in the use of a self-defense
spray device.
(b) Before delivering a self-defense spray device to any person, the
licensed or authorized dealer shall require proof of age and a sworn
statement on a form approved by the superintendent of state police that
such person has not been convicted of a felony or any crime involving an
assault. Such forms shall be forwarded to the division of state police
at such intervals as directed by the superintendent of state police.
Absent any such direction the forms shall be maintained on the premises
of the vendor and shall be open at all reasonable hours for inspection
by any peace officer or police officer, acting pursuant to his or her
special duties. No more than two self-defense spray devices may be sold
at any one time to a single purchaser.
16. The terms "rifle," "shotgun," "pistol," "revolver," and "firearm"
as used in paragraphs three, four, five, seven, seven-a, seven-b, nine,
nine-a, ten, twelve, thirteen and thirteen-a of this subdivision shall
not include a disguised gun or an assault weapon.
b. Section 265.01 shall not apply to possession of that type of billy
commonly known as a "police baton" which is twenty-four to twenty-six
inches in length and no more than one and one-quarter inches in thick-
ness by members of an auxiliary police force of a city with a population
in excess of one million persons or the county of Suffolk when duly
authorized by regulation or order issued by the police commissioner of
such city or such county respectively. Such regulations shall require
training in the use of the police baton including but not limited to the
defensive use of the baton and instruction in the legal use of deadly
physical force pursuant to article thirty-five of this chapter. Notwith-
standing the provisions of this section or any other provision of law,
possession of such baton shall not be authorized when used intentionally
to strike another person except in those situations when the use of
deadly physical force is authorized by such article thirty-five.
Sec. 265.25 Certain wounds to be reported.
Every case of a bullet wound, gunshot wound, powder burn or any other
injury arising from or caused by the discharge of a gun or firearm, and
every case of a wound which is likely to or may result in death and is
actually or apparently inflicted by a knife, icepick or other sharp or
pointed instrument, shall be reported at once to the police authorities of
the city, town or village where the person reporting is located by: (a)
the physician attending or treating the case; or (b) the manager,
superintendent or other person in charge, whenever such case is treated in
a hospital, sanitarium or other institution. Failure to make such report
is a class A misdemeanor. This subdivision shall not apply to such wounds,
burns or injuries received by a member of the armed forces of the United
States or the state of New York while engaged in the actual performance of
duty.
S 265.26 Burn injury and wounds to be reported.
Every case of a burn injury or wound, where the victim sustained
second or third degree burns to five percent or more of the body and/or
any burns to the upper respiratory tract or laryngeal edema due to the
inhalation of super-heated air, and every case of a burn injury or wound
which is likely to or may result in death, shall be reported at once to
the office of fire prevention and control. The state fire administrator
shall accept the report and notify the proper investigatory agency. A
written report shall also be provided to the office of fire prevention
and control within seventy-two hours. The report shall be made by (a)
the physician attending or treating the case; or (b) the manager,
superintendent or other person in charge, whenever such case is treated
in a hospital, sanitarium, institution or other medical facility.
The intentional failure to make such report is a class A
misdemeanor.
Sec. 265.30 Certain convictions to be reported.
Every conviction under this article or section 400.00, of a person who
is not a citizen of the United States, shall be certified to the proper
officer of the United States government by the district attorney of the
county in which such conviction was had.
Sec. 265.35 Prohibited use of weapons.
1. Any person hunting with a dangerous weapon in any county wholly
embraced within the territorial limits of a city is guilty of a class A
misdemeanor.
2. Any person who wilfully discharges a loaded firearm or any other
gun, the propelling force of which is gunpowder, at an aircraft while such
aircraft is in motion in the air or in motion or stationary upon the
ground, or at any railway or street railroad train as defined by the public
service law, or at a locomotive, car, bus or vehicle standing or moving
upon such railway, railroad or public highway, is guilty of a class D
felony if thereby the safety of any person is endangered, and in every
other case, of a class E felony.
3. Any person who, otherwise than in self defense or in the discharge
of official duty, (a) wilfully discharges any species of firearms, air-gun
or other weapon, or throws any other deadly missile, either in a public
place, or in any place where there is any person to be endangered thereby,
or, in Putnam county, within one-quarter mile of any occupied school
building other than under supervised instruction by properly authorized
instructors although no injury to any person ensues; (b) intentionally,
without malice, points or aims any firearm or any other gun, the propelling
force of which is gunpowder, at or toward any other person; (c) discharges,
without injury to any other person, firearms or any other guns, the
propelling force of which is gunpowder, while intentionally without malice,
aimed at or toward any person; or (d) maims or injures any other person by
the discharge of any firearm or any other gun, the propelling force of
which is gunpowder, pointed or aimed intentionally, but without malice, at
any such person, is guilty of a class A misdemeanor.
Sec. 265.40 Purchase of rifles and/or shotguns in contiguous states.
Definitions. As used in this act:
1. "Contiguous state" shall mean any state having any portion of its
border in common with a portion of the border of the state of New York;
2. All other terms herein shall be given the meaning prescribed in
Public Law 90-618 known as the "Gun Control Act of l968" (18 U.S.C. 921).
It shall be lawful for a person or persons residing in this state, to
purchase or otherwise obtain a rifle and/or shotgun in a contiguous state,
and to receive or transport such rifle and/or shotgun into this state;
provided, however, such person is otherwise eligible to possess a rifle
and/or shotgun under the laws of this state.
|
|
|
|
Contact Webmaster
|
|