N.Y. Penal Law § 265.01: Criminal possession of a weapon in the fourth degree

§ 265.01 Criminal possession of a weapon in the fourth degree.

A person is guilty of criminal possession of a weapon in the fourth

degree when:

(1) He or she possesses any firearm, electronic dart gun, electronic

stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife,

cane sword, billy, blackjack, bludgeon, plastic knuckles, metal

knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or

slungshot, shuriken, or throwing star;

(2) He or she possesses any dagger, dangerous knife, dirk, machete,

razor, stiletto, imitation pistol, undetectable knife or any other

dangerous or deadly instrument or weapon with intent to use the same

unlawfully against another; or

(3); or

(4) He possesses a rifle, shotgun, antique firearm, black powder

rifle, black powder shotgun, or any muzzle-loading firearm, and has been

convicted of a felony or serious offense; or

(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there retained until the aforesaid certificate has been rescinded by the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) Such person possesses any armor piercing ammunition with intent to

use the same unlawfully against another.

* (9) Such person possesses a major component of a firearm, rifle, or

shotgun and such person is prohibited from possessing a shotgun or rifle

pursuant to:

(i) this article;

(ii) subsection (g) of section 922 of title 18 of the United States

Code; or

(iii) a temporary or final extreme risk protection order issued under

article sixty-three-A of the civil practice law and rules; or

* NB There are 2 sb (9)'s

* (9) Such person is not licensed as a gunsmith or a dealer in

firearms pursuant to section 400.00 of this chapter and, knowing it is a

ghost gun, such person possesses a ghost gun, provided that a person

shall not be guilty under this subdivision when he or she (a)

voluntarily surrenders such ghost gun to any law enforcement official

designated pursuant to subparagraph (f) of paragraph one of subdivision

(a) of section 265.20 of this article; or (b) for a period of six months

after the effective date of this section possesses a ghost gun prior to

serialization and registration of such ghost gun pursuant to section

265.07 of this article.

* NB There are 2 sb (9)'s

(10) Such person is not licensed as a gunsmith or dealer in firearms

pursuant to section 400.00 of this chapter and, knowing it is an

unserialized frame or receiver or unfinished frame or receiver, such

person possesses an unserialized frame or receiver or unfinished frame

or receiver, provided that for a period of six months after the

effective date of this subdivision, a person shall not be guilty under

this subdivision when such person: (a) voluntarily surrenders such

unserialized frame or receiver or unfinished frame or receiver to any

law enforcement official designated pursuant to subparagraph (f) of

paragraph one of subdivision (a) of section 265.20 of this article; or

(b) possesses such unserialized frame or receiver or unfinished frame or

receiver prior to serialization of such unserialized frame or receiver

or unfinished frame or receiver 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, except for antique firearms as

defined in subdivision fourteen of section 265.00 of this article, 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.

Criminal possession of a weapon in the fourth degree is a class A

misdemeanor.