N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Safety / ARTICLE Firearms and Other Dangerous Weapons
New York Consolidated Laws

N.Y. Penal Law § 265.01 (2026)

Criminal possession of a weapon in the fourth degree

✓ current as of May 2026
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§ 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, shuriken, or throwing 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there retained until the aforesaid certificate has been rescinded by the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.
Notes of Decisions
Cited in 857 cases (150 in the last 5 years), 1976–2026 · leading case: The People v. Alexis Ocasio, 65 N.E.3d 1263 (NY 2016).
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The People v. Alexis Ocasio, 65 N.E.3d 1263 (NY 2016). · cites it 53× “: Defendant was charged with one count of criminal possession of a weapon in the fourth degree (see Penal Law § 265.01 [1]). The accusatory instrument alleged that a police officer observed defendant with a "rubber gripped, metal, extendable baton (billy club)" in his rear pants…”
People v. Wood, 58 A.D.3d 242 (N.Y. App. Div. 2008). · cites it 21× “The court denied the request to charge, stating that Penal Law § 265.01 (1) was a strict liability statute, listing the switchblade knife as a “per se weapon,” citing People v Davis ( 112 Misc 2d 138 [Crim Ct, Bronx County 1981, Friedmann, J.”
People v. Cahill, 809 N.E.2d 561 (NY 2003). · cites it 4× “10) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01). As a result of the arrest and indictment, defendant was not allowed to have contact with his wife or his two children.”
Bellamy v. City of N.Y., 914 F.3d 727 (2d Cir. 2019). · cites it 2× “Bellamy sued investigating Detectives Michael Solomeno and John Gillen of the New York Police Department (and certain John Does) as well as the City of New York (at times, the "City"), alleging that each are responsible for constitutional infirmities that infected Bellamy's…”
Freeman v. Pennsylvania State Police, 2 A.3d 1259 (Pa. Commw. Ct. 2010). · cites it 11× “In April 1986, Applicant pled guilty to criminal possession of a weapon in the fourth degree in New York ( N.Y. Penal Law § 265.01 ) and paid the associated fine and surcharge.”
The People v. Elliot Parrilla, 53 N.E.3d 719 (NY 2016). · cites it 4× “Penal Law § 265.01 (1) states that a “person is guilty of criminal possession of a weapon in the fourth degree when: .”
The People v. Antonio Aragon, 65 N.E.3d 675 (NY 2016). · cites it 3× “Penal Law § 265.01 (1) lists a number of per se weapons, the mere possession of which renders a person guilty of criminal possession of a weapon in the fourth degree.”
The People v. Eric R. Johnson, The People v. John A. DiSalvo, The People v. Costandino Argyris, 27 N.E.3d 425 (NY 2014). · cites it 4× “03 [1] [b]), one count of criminal possession of a weapon in the fourth degree (see Penal Law § 265.01) and one count of unlawful possession of pistol ammunition (see Administrative Code of the City of NY § 10-131-I [3]), and he was sentenced to an aggregate determinate prison…”
People v. Brannon, 949 N.E.2d 484 (NY 2011). · cites it 2× “The Penal Law identifies gravity knives [*] as per se weapons and criminalizes the mere possession of one ( see Penal Law § 265.01 [1]). We hold that the detaining officer must have reason to believe that the object observed is indeed a gravity knife, based on his or her…”
People v. Howard, 4 N.E.3d 320 (NY 2013). · cites it 2× “30), fourth-degree weapon possession (two counts) (Penal Law § 265.01), unlawful possession of an air-pistol or rifle (Administrative Code of City of NY § 10-131 [b] [1]), fourth-degree criminal possession of marijuana (Penal Law § 221.”
Maria De Lourdes Torres v. Police Officer Jones, 47 N.E.3d 747 (NY 2016). “25 [1], [2]) and one count of criminal possession of a weapon in the fourth degree (see Penal Law § 265.01 [2]). Subsequently, plaintiff filed an omnibus motion for, among other things, dismissal of the indictment and suppression of her statement to the police and of the…”
People v. Concepcion, 953 N.E.2d 779 (NY 2011). · cites it 2× “02 [4], later repealed by L 2006, ch 742, § 1; Penal Law § 265.01 [1]); and criminal possession of a controlled substance in the third, fourth, and seventh degrees (Penal Law § 220.”
Show all 857 citing cases →
— N.Y. Penal Law § 265.01(1) — 29 cases
People v. David, 223 A.D.2d 551 (N.Y. App. Div. 1996).
People v. Merrill, 2020 NY Slip Op 05936 (N.Y. App. Div. 2020).
People v. Ndaula, 2023 NY Slip Op 00109 (N.Y. App. Div. 2023).
Taveras v. New York City, New York (S.D.N.Y. 2021).
People v. Sanchez, 2024 NY Slip Op 01879 (N.Y. App. Div. 2024).
— N.Y. Penal Law § 265.01(2) — 17 cases
Rivera v. Coombe, 534 F. Supp. 980 (S.D.N.Y. 1982).
Steele v. Walter, 11 F. Supp. 2d 252 (W.D.N.Y. 1998).
People v. Rodriguez, 2021 NY Slip Op 05990 (N.Y. App. Div. 2021).
Walker v. Speckard, 806 F. Supp. 420 (W.D.N.Y. 1992).
People v. Burroughs (Tyshawn) (N.Y. App. Term. 2023).
— N.Y. Penal Law § 265.01(4) — 1 case
United States v. Shaw, 260 F. Supp. 2d 567 (E.D.N.Y 2003).
— N.Y. Penal Law § 265.01(9) — 1 case
People v. Chance, 2025 NY Slip Op 51639(U) (Bronx Criminal Ct. 2025).
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