NY Penal Law § 265.35: Prohibited Use of Weapons
There are specific provisions under New York law regarding firing a gun under certain circumstances. It is against the law under New York Penal Code § 265.35 to:
At the stroke of midnight on New Year’s Day, a man fires shots with his firearm in the air as a part of his New Year’s Day celebration. Although he did not point the firearm at anyone, this man could face prosecution for prohibited use of weapons on the basis of the fact that he discharged a weapon in a public location.
Offenses that are Related
Criminal sale of a firearm in the first degree: New York Penal Code § 265.13
Criminal possession of a weapon on school grounds: New York Penal Code § 265.01-a
The possible defenses to a charge of prohibited use of weapons on the basis of discharging a weapon in a public place or pointing a firearm at another person would be that you were doing so in self-defense or in the execution of your official duties.
In the event that you are convicted of prohibited use of weapons, what sentence you receive will be dependent upon the particular prohibited use you were engaged in.
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