NY Penal L § 265.00 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title P - Offenses Against Public Safety Article 265 - Firearms and Other Dangerous Weapons 265.00 - Definitions.

§ 265.00 Definitions.   As  used  in  this  article and in article four hundred, the following terms shall mean and include:   1. "Machine-gun" means a weapon of any  description,  irrespective  of size, by whatever name known, loaded or unloaded, from which a number of shots  or  bullets  may  be  rapidly  or automatically discharged from a magazine with  one  continuous  pull  of  the  trigger  and  includes  a sub-machine gun.   2.  "Firearm  silencer"  means  any  instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol  or  other firearms  to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.   3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a  rifle having  one  or  more barrels less than sixteen inches in length; or (d) any  weapon  made  from  a  shotgun  or  rifle  whether  by  alteration, modification,  or  otherwise  if  such  weapon  as altered, modified, or otherwise has an overall length of less than twenty-six inches;  or  (e) an assault weapon. For the purpose of this subdivision the length of the barrel  on  a  shotgun  or  rifle  shall  be determined by measuring the distance between the muzzle  and  the  face  of  the  bolt,  breech,  or breechlock  when  closed  and  when  the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the  distance between the extreme ends of the weapon measured along a line parallel to the  center  line  of  the  bore.  Firearm  does  not include an antique firearm.   3-a. "Major component of  a  firearm,  rifle  or  shotgun"  means  the barrel,  the  slide  or cylinder, the frame, or receiver of the firearm, rifle, or shotgun.   4. "Switchblade knife" means any knife which has a blade  which  opens automatically  by  hand  pressure  applied  to a button, spring or other device in the handle of the knife.   5. "Gravity knife" means any knife which has a blade which is released from the handle or sheath  thereof  by  the  force  of  gravity  or  the application  of  centrifugal  force  which,  when released, is locked in place by means of a button, spring, lever or other device.   5-a. "Pilum ballistic knife" means any knife which has a  blade  which can  be  projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife.   5-b. "Metal knuckle knife" means a weapon that,  when  closed,  cannot function  as a set of plastic knuckles or metal knuckles, nor as a knife and when open, can function as both a set of plastic knuckles  or  metal knuckles as well as a knife.   5-c.  "Automatic  knife"  includes  a stiletto, a switchblade knife, a cane sword, a pilum ballistic knife, and a metal knuckle knife.   5-d. "Undetectable knife" means any knife or other  instrument,  which does  not  utilize  materials that are detectable by a metal detector or magnetometer when set at a standard  calibration,  that  is  capable  of ready  use  as  a  stabbing  or  cutting  weapon  and  was  commercially manufactured to be used as a weapon.   6. "Dispose of" means to dispose of, give,  give  away,  lease,  loan, keep  for  sale,  offer,  offer  for  sale, sell, transfer and otherwise dispose of.   7. "Deface" means to remove,  deface,  cover,  alter  or  destroy  the manufacturer's  serial  number  or  any  other  distinguishing number or identification mark.   8. "Gunsmith" means any  person,  firm,  partnership,  corporation  or company  who engages in the business of repairing, altering, assembling,  manufacturing,  cleaning,  polishing,  engraving  or  trueing,  or   who performs  any  mechanical  operation  on,  any  firearm,  large capacity ammunition feeding device or machine-gun.   * 8-a.  "Serialized"  means  bearing  a  visible identification number and/or symbol 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 in effect at the time of assembly, except  for  antique firearms as defined in subdivision fourteen of this section, 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.   * NB Effective April 26, 2022   9.   "Dealer   in  firearms"  means  any  person,  firm,  partnership, corporation or company  who  engages  in  the  business  of  purchasing, selling,  keeping for sale, loaning, leasing, or in any manner disposing of, any assault weapon, large capacity ammunition feeding device, pistol or revolver.   10. "Licensing officer" means in the  city  of  New  York  the  police commissioner  of  that city; in the county of Nassau the commissioner of police of that county; in the county of  Suffolk  the  sheriff  of  that county except in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown,  the  commissioner of police of that county; for the purposes of section 400.01 of this chapter the superintendent  of  state  police; and  elsewhere  in  the  state  a  judge or justice of a court of record having his office in the county of issuance.   11. "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed  or  redesigned  and made  or  remade  to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through  a  rifled  bore  for each single pull of the trigger.   12.  "Shotgun"  means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and  designed  or  redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell  to  fire  through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.   13. "Cane Sword" means a cane or swagger stick having concealed within it a blade that may be used as a sword or stilletto.   * 14. "Antique firearm" means:   Any unloaded muzzle loading  pistol  or  revolver  with  a  matchlock, flintlock,  percussion  cap,  or  similar  type of ignition system, or a pistol or revolver which uses  fixed  cartridges  which  are  no  longer available in the ordinary channels of commercial trade.   * NB There are 2 sb 14's   * 14.  "Chuka  stick" means any device designed primarily as a weapon, consisting of two or more lengths of a rigid material joined together by a thong, rope or chain in such a manner as to allow free movement  of  a portion  of  the  device  while  held  in  the hand and capable of being rotated in such a manner as to inflict serious injury upon a  person  by striking  or  choking.  These  devices  are  also known as nunchakus and centrifugal force sticks.   * NB There are 2 sb 14's   15. "Loaded firearm" means any firearm loaded with ammunition  or  any firearm  which  is  possessed  by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.   15-a. "Electronic dart gun" means any device designed primarily  as  a weapon,  the  purpose  of  which  is  to  momentarily stun, knock out or  paralyze a person by passing an electrical shock to such person by means of a dart or projectile.   15-b. "Kung Fu star" means a disc-like object with sharpened points on the  circumference thereof and is designed for use primarily as a weapon to be thrown.   15-c. "Electronic stun gun" means any device designed primarily  as  a weapon,  the  purpose  of which is to stun, cause mental disorientation, knock out or paralyze a person by  passing  a  high  voltage  electrical shock to such person.   16.  "Certified not suitable to possess a self-defense spray device, a rifle or shotgun" means that the director or physician in charge of  any hospital  or  institution  for  mental  illness,  public or private, has certified to the superintendent of state  police  or  to  any  organized police department of a county, city, town or village of this state, that a  person  who  has  been judicially adjudicated incompetent, or who has been confined  to  such  institution  for  mental  illness  pursuant  to judicial  authority,  is  not  suitable  to possess a self-defense spray device, as defined in section 265.20 of this  article,  or  a  rifle  or shotgun.   17.  "Serious offense" means (a) any of the following offenses defined in the current penal law and any offense  in  any  jurisdiction  or  the former  penal  law that includes all of the essential elements of any of the following offenses: illegally using, carrying or possessing a pistol or other dangerous  weapon;  possession  of  burglar's  tools;  criminal possession  of  stolen property in the third degree; escape in the third degree; jostling; fraudulent accosting; endangering  the  welfare  of  a child;  obscenity  in  the  third  degree;  issuing abortional articles; permitting prostitution; promoting prostitution  in  the  third  degree; stalking  in  the  fourth  degree;  stalking in the third degree; sexual misconduct; forcible touching; sexual abuse in the third degree;  sexual abuse  in  the  second  degree;  criminal  possession  of  a  controlled substance in the seventh  degree;  criminally  possessing  a  hypodermic instrument;  criminally  using  drug paraphernalia in the second degree; criminal possession of methamphetamine  manufacturing  material  in  the second  degree;  and  a  hate  crime  defined  in  article  four hundred eighty-five of this chapter.  (b) any of the following offenses defined in the current penal law and any offense in any jurisdiction or in the former penal law that includes all of the essential elements of any of the  following  offenses,  where the defendant and the person against whom the offense was committed were members of the same family or household as defined in subdivision one of section 530.11 of the criminal procedure law and as established pursuant to  section  370.15  of the criminal procedure law: assault in the third degree; menacing in the third degree; menacing  in  the  second  degree; criminal   obstruction  of  breathing  or  blood  circulation;  unlawful imprisonment in  the  second  degree;  coercion  in  the  third  degree; criminal  tampering in the third degree; criminal contempt in the second degree; harassment in the first degree;  aggravated  harassment  in  the second  degree; criminal trespass in the third degree; criminal trespass in the second degree; arson in the fifth degree; or  attempt  to  commit any of the above-listed offenses.  (c) any misdemeanor offense in any jurisdiction or in the former penal law  that  includes all of the essential elements of a felony offense as defined in the current penal law.   18. "Armor piercing ammunition" means any ammunition capable of  being used in pistols or revolvers containing a projectile or projectile core, or  a  projectile or projectile core for use in such ammunition, that is constructed  entirely  (excluding  the  presence  of  traces  of   other  substances)  from one or a combination of any of the following: tungsten alloys, steel, iron, brass, bronze, beryllium copper, or uranium.   19. "Duly authorized instructor" means (a) a duly commissioned officer of  the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York; or (b) a duly  qualified  adult citizen  of  the  United States who has been granted a certificate as an instructor in small arms practice issued by the United States army, navy or marine corps, or by the adjutant general of this  state,  or  by  the national rifle association of America, a not-for-profit corporation duly organized  under  the laws of this state; (c) by a person duly qualified and designated by the department  of  environmental  conservation  under paragraph c of subdivision three of section 11-0713 of the environmental conservation  law  as  its  agent  in  the giving of instruction and the making  of  certifications  of  qualification  in  responsible   hunting practices;  or  (d)  a  New  York  state  4-H  certified shooting sports instructor.   20. "Disguised gun" means  any  weapon  or  device  capable  of  being concealed  on the person from which a shot can be discharged through the energy of an explosive and is designed and  intended  to  appear  to  be either;  (a)  something  other  than  a gun; or (b) a toy gun that shall include,  but  not  be  limited  to,  any  rifle,  pistol,  shotgun   or machine-gun   displaying   a   color  finish  other  than  the  original manufacture  color,  a  decorative  pattern  or  plastic  like  surface; provided,  however,  that  any  rifle or shotgun displaying a camouflage color finish or pattern that is intended  for  hunting,  as  defined  by article  eleven  of  the  environmental  conservation  law, shall not be considered a "disguised gun" for purposes of this section.   21. "Semiautomatic" means any  repeating  rifle,  shotgun  or  pistol, regardless  of barrel or overall length, which utilizes a portion of the energy of a firing cartridge or shell to  extract  the  fired  cartridge case  or  spent  shell  and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge or shell.   22. "Assault weapon" means  (a) a semiautomatic rifle that has an ability to accept  a  detachable magazine and has at least one of the following characteristics:  (i) a folding or telescoping stock;  (ii)  a pistol grip that protrudes conspicuously beneath the action of the weapon;  (iii) a thumbhole stock;  (iv) a second handgrip or a protruding grip that can be  held  by  the non-trigger hand;  (v) a bayonet mount;  (vi) a flash suppressor, muzzle break, muzzle compensator, or threaded barrel  designed  to  accommodate  a  flash suppressor, muzzle break, or muzzle compensator;  (vii) a grenade launcher; or  (b) a semiautomatic shotgun that has at least  one  of  the  following characteristics:  (i) a folding or telescoping stock;  (ii) a thumbhole stock;  (iii)  a  second handgrip or a protruding grip that can be held by the non-trigger hand;  (iv) a fixed magazine capacity in excess of seven rounds;  (v) an ability to accept a detachable magazine; or  (c) a semiautomatic pistol that has an ability to accept a  detachable magazine and has at least one of the following characteristics:  (i) a folding or telescoping stock;  (ii) a thumbhole stock;  (iii)  a  second handgrip or a protruding grip that can be held by the non-trigger hand;  (iv)  capacity  to  accept an ammunition magazine that attaches to the pistol outside of the pistol grip;  (v) a threaded barrel capable of accepting a  barrel  extender,  flash suppressor, forward handgrip, or silencer;  (vi)  a  shroud  that  is  attached  to,  or  partially  or completely encircles, the barrel and that permits the shooter to hold  the  firearm with the non-trigger hand without being burned;  (vii) a manufactured weight of fifty ounces or more when the pistol is unloaded; or  (viii)  a  semiautomatic  version  of  an  automatic rifle, shotgun or firearm;  (d) a revolving cylinder shotgun;  (e) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic pistol  or  weapon  defined  in  subparagraph  (v)  of  paragraph (e) of subdivision twenty-two of section 265.00 of this  chapter  as  added  by chapter  one  hundred  eighty-nine  of  the  laws  of  two  thousand and otherwise lawfully possessed pursuant to such chapter of the laws of two thousand prior to September fourteenth, nineteen hundred ninety-four;  (f) a semiautomatic rifle, a semiautomatic shotgun or a  semiautomatic pistol  or  weapon  defined  in  paragraph  (a),  (b)  or  (c)  of  this subdivision, possessed prior to the date of enactment of the chapter  of the laws of two thousand thirteen which added this paragraph;  (g) provided, however, that such term does not include:  (i)  any  rifle,  shotgun  or  pistol that (A) is manually operated by bolt, pump, lever or slide action; (B)  has  been  rendered  permanently inoperable;  or  (C)  is  an  antique  firearm  as  defined in 18 U.S.C. 921(a)(16);  (ii) a semiautomatic rifle that cannot accept  a  detachable  magazine that holds more than five rounds of ammunition;  (iii)  a  semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; or  (iv) a rifle, shotgun or pistol, or a replica or a duplicate  thereof, specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured on  October  first,  nineteen hundred ninety-three. The mere fact that a weapon is not listed in Appendix A shall not be construed to  mean  that such weapon is an assault weapon;  (v) any weapon validly registered pursuant to subdivision sixteen-a of section  400.00  of  this  chapter. Such weapons shall be subject to the provisions of paragraph (h) of this subdivision;  (vi) any firearm, rifle, or shotgun that  was  manufactured  at  least fifty  years  prior  to  the  current  date,  but not including replicas thereof that is validly registered pursuant to subdivision sixteen-a  of section 400.00 of this chapter;  (h) Any weapon defined in paragraph (e) or (f) of this subdivision and any  large capacity ammunition feeding device that was legally possessed by an individual prior to the enactment of the chapter of  the  laws  of two  thousand  thirteen which added this paragraph, may only be sold to, exchanged with or disposed of to a purchaser authorized to possess  such weapons or to an individual or entity outside of the state provided that any  such  transfer to an individual or entity outside of the state must be reported to the  entity  wherein  the  weapon  is  registered  within seventy-two hours of such transfer. An individual who transfers any such weapon  or  large capacity ammunition device to an individual inside New York state or without complying with the provisions  of  this  paragraph shall  be  guilty  of  a  class A misdemeanor unless such large capacity ammunition feeding device, the possession of which is  made  illegal  by  the  chapter  of  the  laws  of  two  thousand thirteen which added this paragraph, is transferred within one year of the effective date  of  the chapter of the laws of two thousand thirteen which added this paragraph.   23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can  be readily restored or converted to accept, more than ten rounds of ammunition, or * (b) contains more than seven rounds of  ammunition,  or (c)  is  obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a  capacity of,  or  that  can be readily restored or converted to accept, more than seven rounds of ammunition   * NB Suspended and NOT Effective per ch 1/2013 § 58, as amended by  ch 57/2013 Pt. FF § 4   ;  provided,  however,  that  such  term  does not include an attached tubular device designed to accept, and capable of operating  only  with, .22  caliber  rimfire  ammunition or a feeding device that is a curio or relic.  A feeding device that is a curio or relic is defined as a device that (i) was manufactured at least fifty  years  prior  to  the  current date,  (ii)  is  only  capable  of  being used exclusively in a firearm, rifle, or shotgun that was manufactured at least fifty  years  prior  to the current date, but not including replicas thereof, (iii) is possessed by  an  individual  who  is  not prohibited by state or federal law from possessing a firearm and (iv) is registered with the division  of  state police  pursuant  to  subdivision  sixteen-a  of  section 400.00 of this chapter, except such feeding devices transferred into the state  may  be registered  at any time, provided they are registered within thirty days of their transfer into  the  state.  Notwithstanding  paragraph  (h)  of subdivision  twenty-two  of  this  section,  such feeding devices may be transferred  provided  that  such  transfer  shall  be  subject  to  the provisions  of  section  400.03  of  this  chapter  including  the check required to be conducted pursuant to such section.   24. "Seller  of  ammunition"  means  any  person,  firm,  partnership, corporation  or  company  who  engages  in  the  business of purchasing, selling or keeping ammunition.   25. "Qualified retired New York or federal  law  enforcement  officer" means an individual who is a retired police officer as police officer is defined  in  subdivision  thirty-four  of  section  1.20 of the criminal procedure law, a retired peace officer as peace officer  is  defined  in section  2.10  of  the  criminal  procedure law or a retired federal law enforcement officer as federal law enforcement  officer  is  defined  in section  2.15  of  the  criminal  procedure law, who: (a) separated from service in good standing from a public agency located in New York  state in which such person served as either a police officer, peace officer or federal  law  enforcement  officer;  and (b) before such separation, was authorized by law to engage in or supervise the  prevention,  detection, investigation,  or  prosecution  of,  or the incarceration of any person for, any violation of law, and had statutory powers of arrest,  pursuant to  their official duties, under the criminal procedure law; and (c) (i) before such separation, served as either a police officer, peace officer or federal law enforcement officer for five years or  more  and  at  the time  of  separation, is such an officer; or (ii) separated from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability,  as  determined  by such agency at or before the time of separation; and (d)(i) has not been found  by a qualified medical professional employed by such agency to be unqualified for reasons relating to  mental  health;  or  (ii)  has  not entered  into an agreement with such agency from which the individual is separating from service in which that individual acknowledges he or  she  is  not  qualified for reasons relating to mental health; and (e) is not otherwise prohibited by New York or  federal  law  from  possessing  any firearm.   26.  "Rapid-fire  modification  device"  means any bump stock, trigger crank, binary trigger system, burst trigger system, or any other  device that  is  designed  to  accelerate  the rate of fire of a semi-automatic firearm, rifle or shotgun.   27. "Bump stock" means any device or  instrument  that  increases  the rate  of fire achievable with a semi-automatic firearm, rifle or shotgun by  using  energy  from  the  recoil  of  the  weapon  to   generate   a reciprocating   action  that  facilitates  repeated  activation  of  the trigger.   28. "Trigger crank" means any device  or  instrument  that  repeatedly activates  the  trigger  of  a  semi-automatic firearm, rifle or shotgun through the use of a lever or other part that is turned  in  a  circular motion  and  thereby accelerates the rate of fire of such firearm, rifle or shotgun, provided, however, that "trigger crank"  shall  not  include any  weapon  initially designed and manufactured to fire through the use of a crank or lever.   29. "Binary trigger system" means any device that, when  installed  in or  attached  to  a semi-automatic firearm rifle, or shotgun causes that weapon to fire once when the  trigger  is  pulled  and  again  when  the trigger is released.   30. "Burst trigger system" means any device that, when installed in or attached  to  a  semi-automatic firearm, rifle, or shot gun, allows that weapon to discharge two or more shots with a single pull or the  trigger by altering the trigger reset.   31.  "New  York  state  4-H  certified  shooting  instructor"  means a certified shooting  sports  instructor  of  the  National  4-H  Shooting Sports,  a  non-profit  organization,  engaged in shooting education and youth development programming  that  is  administered  by  the  National Institute  of  Food  and  Agriculture of the United States department of agriculture.   * 32. "Unfinished frame or receiver" means any material that does  not constitute the frame or receiver of a firearm, rifle or shotgun but that has  been  shaped  or  formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle or shotgun, and which may  readily be made into a functional frame or receiver through milling, drilling or other  means.  The term shall not include material that has had its size or external shape altered to facilitate transportation or storage or has had its chemical composition altered.   * NB Effective February 25, 2022   * NB There are 2 sb 32's   * 32. "Ghost gun" means a firearm, rifle  or  shotgun  that  does  not comply  with the provisions of section 265.07 of this article and is not serialized.   * NB Effective April 26, 2022   * NB There are 2 sb 32's