{"data":{"id":"us-ny/n.y.-penal-law-265.08","jurisdiction":"us-ny","citation":"N.Y. Penal Law § 265.08","heading":"Criminal use of a firearm in the second degree","body":"§ 265.08 Criminal use of a firearm in the second degree.\n  A person is guilty of criminal use of a firearm in the second degree\nwhen he commits any class C violent felony offense as defined in\nparagraph (b) of subdivision one of section 70.02 and he either:\n  (1) possesses a deadly weapon, if the weapon is a loaded weapon from\nwhich a shot, readily capable of producing death or other serious injury\nmay be discharged; or\n  (2) displays what appears to be a pistol, revolver, rifle, shotgun,\nmachine gun or other firearm.\n  Criminal use of a firearm in the second degree is a class C felony.","path":["Penal Law","Part 3. Specific Offenses","Title P. Offenses Against Public Safety","Article 265. Firearms and Other Dangerous Weapons"],"source_url":"https://legislation.nysenate.gov/api/3/laws/PEN/265.08","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"9bd6fdcc294285ec0836264125285c1a30ad6ba8db652b93e61046c4b81b9c3c","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-penal-law-265.07","next":"us-ny/n.y.-penal-law-265.09"},"notice":"GroundRules: Original legal text. Not legal advice."}