New York Consolidated Laws
N.Y. Penal Law § 265.05 (2026)
Unlawful possession of weapons by persons under sixteen
✓ current as of May 2026
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§ 265.05 Unlawful possession of weapons by persons under sixteen. It shall be unlawful for any person under the age of sixteen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued pursuant to article eleven of the environmental conservation law and used in accordance with said law shall not be governed by this section. A person who violates the provisions of this section shall be adjudged a juvenile delinquent.
Notes of Decisions
Cited in 91
cases (1 in the last 5 years), 1972–2024 · leading case: Fambo v. Smith, 433 F. Supp. 590 (W.D.N.Y. 1977).
Fambo v. Smith, 433 F. Supp. 590 (W.D.N.Y. 1977). “ember 1, 1970, at a time when I have found that the device could not be classified as an “explosive device,” petitioner was also charged with an identical violation that allegedly occurred on November 29, 1970, which was a time when, based on the evidence before me, the tube did…”
Kachalsky v. Cnty. of Westchester, 701 F.3d 81 (2d Cir. 2012). “It is also unlawful for a person under the age of sixteen to possess a rifle or shotgun unless he or she has a hunting permit issued pursuant to the environmental conservation law.”
Herdzik v. Chojnacki, 68 A.D.3d 1639 (N.Y. App. Div. 2009). “10 (5) and that their son violated Penal Law § 265.05. Plaintiff further alleged that defendants James Lommer, Sr.”
Samuel Allen, Raymond Hardrick & Melvin Lemmons v. Cnty. Court, Ulster Cnty. & New York Woodbourne Corr. Facility, Woodbourne, New York, 568 F.2d 998 (2d Cir. 1977). “” 1 Judge Richard Owen of the Southern District of New York granted appellees' application as state prisoners for a writ of habeas corpus on the ground that this statutory presumption was unconstitutional as applied in their state trial for felonious possession of a loaded…”
In re Antwaine T., 15 N.E.3d 1175 (NY 2014). “01 [2]) and unlawful possession of weapons by persons under sixteen (Penal Law § 265.05). The two counts of the petition were supported by a sworn statement of the arresting officer.”
In re Cesar P., 230 A.D.2d 61 (N.Y. App. Div. 1997). “The instant appeal provides us with an opportunity to reconsider whether a BB gun, powered by a carbon dioxide cartridge, qualifies as an "air-gun” within the proscriptions of Penal Law § 265.05 and Administrative Code of the City of New York § 10-131 (b) (1).”
Rokitka v. Barrett, 303 A.D.2d 983 (N.Y. App. Div. 2003). “At the time of the accident, Mark was 11 years old and defendant was 13 years old. Supreme Court properly denied defendant’s motion seeking a directed verdict on the ground that plaintiff is precluded from recovery because the injuries sustained by Mark resulted from Mark’s own…”
Webster v. Ryan, 189 Misc. 2d 86 (N.Y.C. Fam. Ct. 2001). “(Penal Law § 265.05.) 7. A parent may not permit his child to purchase cigarettes.”
Danielle A. v. Christopher P., 3 Misc. 3d 357 (N.Y. Sup. Ct. 2004). “*358 In a case of first impression, this court holds that a paintball gun which uses a carbon dioxide cartridge is an “air-gun” as defined in Penal Law § 265.05 and under Administrative Code of the City of New York § 10-131 (b) (1).”
In re Sean R., 33 A.D.3d 925 (N.Y. App. Div. 2006). “01 [2]) and committed an act which constituted the crime of unlawful possession of weapons by persons under sixteen (Penal Law § 265.05). Thus, the petition was facially sufficient (see Family Ct Act § 311.”
In re Danasia Mc., 94 A.D.3d 1122 (N.Y. App. Div. 2012). “01 [2]), and possession of a pistol or revolver ammunition, and committed the crime of unlawful possession of weapons by a persons under 16 (Penal Law § 265.05). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see Matter…”
In re Jeffrey V., 623 N.E.2d 1150 (NY 1993). “Appellant initially appeared in Family Court August 14, 1990 on a juvenile delinquency petition charging him with one count of unlawful possession of weapons by persons under the age of 16 (Penal Law § 265.05) and three counts alleging acts which, if committed by an adult, would…”
— N.Y. Penal Law § 265.05(2) — 1 case
Samuel Allen, Raymond Hardrick & Melvin Lemmons v. Cnty. Court, Ulster Cnty. & New York Woodbourne Corr. Facility, Woodbourne, New York, 568 F.2d 998 (2d Cir. 1977). “” 1 Judge Richard Owen of the Southern District of New York granted appellees' application as state prisoners for a writ of habeas corpus on the ground that this statutory presumption was unconstitutional as applied in their state trial for felonious possession of a loaded…”
— N.Y. Penal Law § 265.05(7) — 1 case
Fambo v. Smith, 433 F. Supp. 590 (W.D.N.Y. 1977). “ember 1, 1970, at a time when I have found that the device could not be classified as an “explosive device,” petitioner was also charged with an identical violation that allegedly occurred on November 29, 1970, which was a time when, based on the evidence before me, the tube did…”
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