N.Y. Penal Law § 265.15: Presumptions of possession, unlawful intent and defacement

§ 265.15 Presumptions of possession, unlawful intent and defacement.

1. The presence in any room, dwelling, structure or vehicle of any

machine-gun is presumptive evidence of its unlawful possession by all

persons occupying the place where such machine-gun is found.

2. The presence in any stolen vehicle of any weapon, instrument,

appliance or substance specified in sections 265.01, 265.02, 265.03,

265.04 and 265.05 is presumptive evidence of its possession by all

persons occupying such vehicle at the time such weapon, instrument,

appliance or substance is found.

3. The presence in an automobile, other than a stolen one or a public

omnibus, of any firearm, large capacity ammunition feeding device,

defaced firearm, defaced rifle or shotgun, defaced large capacity

ammunition feeding device, firearm silencer, explosive or incendiary

bomb, bombshell, switchblade knife, pilum ballistic knife, metal knuckle

knife, dagger, dirk, stiletto, billy, blackjack, plastic knuckles, metal

knuckles, chuka stick, sandbag, sandclub or slungshot is presumptive

evidence of its possession by all persons occupying such automobile at

the time such weapon, instrument or appliance is found, except under the

following circumstances: (a) if such weapon, instrument or appliance is

found upon the person of one of the occupants therein; (b) if such

weapon, instrument or appliance is found in an automobile which is being

operated for hire by a duly licensed driver in the due, lawful and

proper pursuit of his or her trade, then such presumption shall not

apply to the driver; or (c) if the weapon so found is a pistol or

revolver and one of the occupants, not present under duress, has in his

or her possession a valid license to have and carry concealed the same.

4. The possession by any person of the substance as specified in

section 265.04 is presumptive evidence of possessing such substance with

intent to use the same unlawfully against the person or property of

another if such person is not licensed or otherwise authorized to

possess such substance. The possession by any person of any dagger,

dirk, stiletto, dangerous knife or any other weapon, instrument,

appliance or substance designed, made or adapted for use primarily as a

weapon, is presumptive evidence of intent to use the same unlawfully

against another.

5. The possession by any person of a defaced machine-gun, firearm,

rifle or shotgun is presumptive evidence that such person defaced the

same.

6. The possession of three or more firearms by any person is

presumptive evidence that such person possessed the firearms with the

intent to sell same.