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New York · Through 2026-09-11

N.Y. Penal Law § 265.01-d: Criminal possession of a weapon in a restricted location

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title P. Offenses Against Public Safety
  4. Article 265. Firearms and Other Dangerous Weapons

§ 265.01-d Criminal possession of a weapon in a restricted location.

1. A person is guilty of criminal possession of a weapon in a

restricted location when such person possesses a firearm, rifle, or

shotgun and enters into or remains on or in private property where such

person knows or reasonably should know that the owner or lessee of such

property has not permitted such possession by clear and conspicuous

signage indicating that the carrying of firearms, rifles, or shotguns on

their property is permitted or by otherwise giving express consent.

2. This section shall not apply to:

(a) police officers as defined in section 1.20 of the criminal

procedure law;

(b) persons who are designated peace officers as defined in section

2.10 of the criminal procedure law;

(c) qualified law enforcement officers who are authorized to carry

concealed firearms pursuant to 18 U.S.C. 926B, or qualified retired law

enforcement officers who are authorized to carry concealed firearms

pursuant to 18 U.S.C. 926C;

(d) security guards as defined by and registered under article seven-A

of the general business law who has been granted a special armed

registration card, while at the location of their employment and during

their work hours as such a security guard;

(e) active-duty military personnel;

(f) persons licensed under paragraph (c), (d) or (e) of subdivision

two of section 400.00 of this chapter while in the course of his or her

official duties;

(g) persons while lawfully engaged in taking of wildlife or attempts

to take wildlife pursuant to a hunting permit or license issued by the

department of environmental conservation, or as otherwise authorized

pursuant to section 11-0707 and 11-0709 of the environmental

conservation law; or

(h) persons, while acting in the scope of their official duties, who

are employed in the revenue control and security departments of the

metropolitan transportation authority, or the New York city transit

authority or an affiliate or subsidiary thereof, who are authorized to

carry a firearm as part of their employment.

Criminal possession of a weapon in a restricted location is a class E

felony.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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