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 § 265.04 (2026)

Criminal possession of a weapon in the first degree

✓ current as of May 2026
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§ 265.04 Criminal possession of a weapon in the first degree.
  A person is guilty of criminal possession of a weapon in the first
degree when such person:
  (1) possesses any explosive substance with intent to use the same
unlawfully against the person or property of another; or
  (2) possesses ten or more firearms.
  Criminal possession of a weapon in the first degree is a class B
felony.
Notes of Decisions
Cited in 26 cases (12 in the last 5 years), 1985–2024 · leading case: People v. Getman, 188 Misc. 2d 809 (2001).
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People v. Getman, 188 Misc. 2d 809 (2001). · cites it 7× “The defendant is charged with 56 criminal counts in connec *810 tion with an incident alleged to have occurred on Valentine’s Day at the Southside High School as follows: • Seventeen counts of criminal possession of a dangerous weapon in the first degree (Penal Law § 265.04),…”
People v. Fisher, 121 A.D.3d 1013 (N.Y. App. Div. 2014). “However, the defendant challenges the constitutionality of Penal Law § 265.04 (2) on Second Amendment (US Const 2d Amend) grounds and contends that his conviction violates the ex post facto clause of the federal constitution (US Const, art I, § 10 [1]).”
People v. Nellis, 2023 NY Slip Op 03046 (N.Y. App. Div. 2023). · cites it 2× “02 [1]) and criminal possession of a weapon in the first degree ( see Penal Law § 265.04 [2]). After a lengthy jury trial, defendant was convicted as charged.”
People v. Simon, 107 A.D.2d 196 (N.Y. App. Div. 1985). · cites it 2× “The prosecution proceeded on the theory that defendant had constructive possession of the explosives and the jury found him guilty of criminal possession of a weapon in the first degree (Penal Law § 265.04) and criminal possession of a weapon in the third degree (Penal Law § 265.”
William L. Campbell, III v. R.C. Marshall the Attorney Gen. of Ohio, 769 F.2d 314 (6th Cir. 1985). “The indictment had charged Fambo with two violations of N.Y. Penal Law § 265.04 , a class B felony prohibiting possession of an explosive substance with the intent to use it against another person or that person’s property.”
People v. Primakov, 105 A.D.3d 1397 (N.Y. App. Div. 2013). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, criminal possession of a weapon in the first degree (Penal Law § 265.04 [2]) arising out of an incident in which defendant and his accomplice burglarized a gun shop and stole a…”
People v. Stagnitto, 261 A.D.2d 890 (N.Y. App. Div. 1999). “Memorandum: Following a nonjury trial, defendant was convicted of criminal possession of a dangerous weapon in the first degree (Penal Law § 265.04), *891 criminal possession of a weapon in the second degree (Penal Law § 265.”
People v. Crute, 236 A.D.2d 208 (N.Y. App. Div. 1997). · cites it 2× “With doubtless well-intentioned judicial and lawyer creativity, an agreement was struck whereby defendant pleaded guilty to "an added count” of criminal possession of a dangerous weapon in the first degree (Penal Law § 265.04), which was likewise a class B felony.”
People v. Hammond, 291 A.D.2d 779 (N.Y. App. Div. 2002). “The court also erred in granting that part of defendant’s motion seeking to dismiss the indictment by dismissing count one, charging criminal possession of a weapon in the first degree (Penal Law § 265.04), and counts eight and nine, each charging criminal possession of a weapon…”
People v. Burkette, 2017 NY Slip Op 6092 (N.Y. App. Div. 2017). “However, the evidence was not legally sufficient to establish the defendant’s guilt of criminal possession of a weapon in the first degree because it did not demonstrate that the Molotov cocktails used in this case constituted an “explosive substance” within the meaning of Penal…”
Lu v. Rocah (S.D.N.Y. 2023). · cites it 3× “Y with criminal possession of a weapon in the first degree, see N.Y. Penal Law § 265.04 (2), and criminal possession of a weapon in the second degree, see N.”
Lu v. Rocah (S.D.N.Y. 2023). · cites it 2× “Y with criminal possession of a weapon in the first degree, see N.Y. Penal Law § 265.04 (2), and criminal possession of a weapon in the second degree, see N.”
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