1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title P: Offenses Against Public Safety
  6. Article 265: Firearms and Other Dangerous Weapons


Section 265.08 Criminal use of a firearm in the second degree

Penal (PEN)

  A person is guilty of criminal use of a firearm in the second degree when he commits any class C violent felony offense as defined in paragraph (b) of subdivision one of section 70.02 and he either:

  (1) possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or

  (2) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.

  Criminal use of a firearm in the second degree is a class C felony.