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This entry was published on 2019-11-08
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SECTION 265.01
Criminal possession of a weapon in the fourth degree
Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265
§ 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there retained until the aforesaid certificate has been rescinded by the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) He possesses any armor piercing ammunition with intent to use the
same unlawfully against another.

Criminal possession of a weapon in the fourth degree is a class A
misdemeanor.