2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title P - Offenses Against Public Safety › Article 265 - Firearms and Other Dangerous Weapons › 265.01 - Criminal Possession of a Weapon in the Fourth Degree.

§ 265.01 Criminal possession of a weapon in the fourth degree.
A  person  is  guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart  gun,  electronic
stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife,
cane   sword,   billy,  blackjack,  bludgeon,  plastic  knuckles,  metal
knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or
slungshot, shirken, or "Kung Fu star";
(2) He or she possesses any dagger, dangerous  knife,  dirk,  machete,
razor,  stiletto,  imitation  pistol,  undetectable  knife  or any other
dangerous or deadly instrument or weapon with intent  to  use  the  same
unlawfully against another; or
(3); or
(4)  He  possesses  a  rifle,  shotgun,  antique firearm, black powder
rifle, black powder shotgun, or any muzzle-loading firearm, and has been
convicted of a felony or serious offense; or
(5) He possesses any dangerous or deadly weapon and is not  a  citizen
of the United States; or
(6)  He  is  a person who has been certified not suitable to possess a
rifle or shotgun, as defined in subdivision sixteen of  section  265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of  a  police  officer.  Whenever  a person is certified not suitable to
possess a rifle or shotgun, a member of the police department  to  which
such  certification  is  made,  or  of the state police, shall forthwith
seize any rifle or shotgun possessed by such person. A rifle or  shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to  the  headquarters  of  such  police department, or state police, and
there retained until the aforesaid certificate has been rescinded by the
director or physician in charge, or other disposition of such  rifle  or
shotgun  has  been  ordered  or  authorized  by  a  court  of  competent
jurisdiction.
(7) He knowingly possesses a bullet containing an explosive  substance
designed to detonate upon impact.
(8) Such person possesses any armor piercing ammunition with intent to
use the same unlawfully against another.
* (9)  Such person possesses a major component of a firearm, rifle, or
shotgun and such person is prohibited from possessing a shotgun or rifle
pursuant to:
(i) this article;
(ii) subsection (g) of section 922 of title 18 of  the  United  States
Code; or
(iii)  a temporary or final extreme risk protection order issued under
article sixty-three-A of the civil practice law and rules; or
* NB There are 2 sb (9)'s
* (9) Such person is not  licensed  as  a  gunsmith  or  a  dealer  in
firearms pursuant to section 400.00 of this chapter and, knowing it is a
ghost  gun,  such  person  possesses a ghost gun, provided that a person
shall  not  be  guilty  under  this  subdivision  when  he  or  she  (a)
voluntarily  surrenders  such  ghost gun to any law enforcement official
designated pursuant to subparagraph (f) of paragraph one of  subdivision
(a) of section 265.20 of this article; or (b) for a period of six months
after  the effective date of this section possesses a ghost gun prior to
serialization and registration of such ghost  gun  pursuant  to  section
265.07 of this article.
* NB There are 2 sb (9)'s
(10)  Such  person is not licensed as a gunsmith or dealer in firearms
pursuant to section 400.00  of  this  chapter  and,  knowing  it  is  an
unserialized  frame  or  receiver  or unfinished frame or receiver, such

person possesses an unserialized frame or receiver or  unfinished  frame
or  receiver,  provided  that  for  a  period  of  six  months after the
effective date of this subdivision, a person shall not be  guilty  under
this  subdivision  when  such  person:  (a)  voluntarily surrenders such
unserialized frame or receiver or unfinished frame or  receiver  to  any
law  enforcement  official  designated  pursuant  to subparagraph (f) of
paragraph one of subdivision (a) of section 265.20 of this  article;  or
(b) possesses such unserialized frame or receiver or unfinished frame or
receiver  prior  to serialization of such unserialized frame or receiver
or unfinished frame or receiver  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,  except  for antique firearms as
defined in subdivision fourteen of section 265.00 of  this  article,  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.
Criminal possession of a weapon in the fourth  degree  is  a  class  A
misdemeanor.