N.Y. Penal Law § 265.00: Definitions

§ 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, and also includes any convertible pistol that is

equipped with a pistol converter.

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. "Throwing star" or "shuriken" 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

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.

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, pistol converter, 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.

36. "Pistol converter" means any device or instrument that, when

installed in or attached to the rear of the slide of a semi-automatic

pistol, replaces the backplate and interferes with the trigger mechanism

and thereby enables the pistol to discharge a number of shots or bullets

rapidly or automatically with one continuous pull of the trigger.

37. "Convertible pistol" means any semi-automatic pistol with a

cruciform trigger bar that can be readily altered by hand or with common

household tools so that it can be converted into a machine-gun by the

installation or attachment of a pistol converter. As used in this

subdivision, "common household tools" means screwdrivers, pipe wrenches,

pliers, hacksaws, crowbars, electric drills or rotary tools, hammers,

chisels, files, and crescent wrenches. "Convertible pistol" does not

include hammer-fired semi-automatic pistols or any striker-fired

semi-automatic pistol lacking a cruciform trigger bar. A notch, tab, or

other piece of material on a pistol frame is not sufficient to prevent

ready alteration so that the pistol can be converted into a machine-gun

by the installation or attachment of a pistol converter, and will not

prevent such pistol from qualifying as a convertible pistol under this

subdivision, if such notch, tab, or other piece of material can be

readily removed with common household tools.

38. "Three-dimensional printer" means:

(a) any machine capable of rendering a three-dimensional object from a

digital design file using additive manufacturing; or

(b) any machine capable of making three-dimensional modifications to

an object from a digital design file using subtractive manufacturing.

39. "Digital firearm manufacturing code" means any digital

instructions in the form of computer-aided design files or other code or

instructions stored and displayed in electronic format as a digital

model that may be used to program a three-dimensional printer or a

computer numerical control (CNC) milling machine to manufacture or

produce any firearm, rifle, shotgun, ghost gun, unfinished frame or

receiver, firearm silencer, rapid-fire modification device or major

component of a firearm.

40. "Cruciform trigger bar" means a component in a semi-automatic

pistol that serves as a linkage between the trigger and the firing pin

and has its sear incorporated in a cross-shaped surface.