2023 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; or (f) any other weapon that is not otherwise defined
in  this  section  containing  any  component that provides housing or a
structure designed to hold or integrate any fire control component  that
is  designed  to  or  may  readily be converted to expel a projectile by
action of explosive. 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.
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, revolver, or semiautomatic rifle.
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 to fire only a single
projectile through a rifled bore for each single  pull  of  the  trigger
using  either:  (a) fixed metallic cartridge; or (b) each projectile and
explosive charge are loaded individually for each  shot  discharged.  In
addition  to  common,  modern usage, rifles include those using obsolete
ammunition not commonly available in  commercial  trade,  or  that  load
through  the muzzle and fire a single projectile with each discharge, or
loading, including muzzle loading rifles, flintlock  rifles,  and  black
powder rifles.
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 to fire through a
smooth or rifled  bore  either  a  number  of  ball  shot  or  a  single
projectile for each single pull of the trigger using either: (a) a fixed
shotgun  shell; or (b) a projectile or number of ball shot and explosive
charge are loaded individually for each shot discharged. In addition  to
common,  modern  usage, shotguns include those using obsolete ammunition
not commonly available in commercial trade, or  that  load  through  the
muzzle  and  fires  ball shot with each discharge, or loading, including
muzzle loading shotguns, flintlock shotguns, and black powder shotguns.
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
division  of  criminal  justice  services,  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 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  firearm,  rifle,  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 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 to an individual  inside  New  York  state  or
without  complying with the provisions of this paragraph shall be guilty
of a class A misdemeanor.
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, that has a capacity of, or that can
be readily restored or converted to accept,  more  than  ten  rounds  of
ammunition;  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  unserialized  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.
* 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 There are 2 sb 32's
33. "Microstamp" means a unique alphanumeric or  geometric  code  that
identifies the make, model, and serial number of a firearm.
34.   "Microstamping   component"   means   a   component  part  of  a
semi-automatic pistol that will produce a microstamp  on  at  least  one
location of the expended cartridge case each time the pistol is fired.
35. "Microstamping-enabled pistol" means any semiautomatic pistol that
contains a microstamping component.