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New York · Through 2026-09-11

N.Y. Penal Law § 265.35: Prohibited use of weapons

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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

§ 265.35 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.

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

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