new york penal code 265 01 criminal possession of a weapon in th

New York Penal Law 265.01: Criminal Possession of a Weapon

New York Penal Law 265.01 is the law that makes it illegal to possess certain weapons in New York State. This law has a lot of different parts to it and can get kinda confusing, so I’m gonna break it down in simple terms.

What Weapons are Illegal to Have?

There’s a whole bunch of weapons that are illegal to possess under this law. Here’s some of the main ones:

• Switchblade or gravity knives
• Metal knuckles
• Billy clubs
• Blackjacks
• Sandbags and sandclub
• Slingshots
• Throwing stars
• Stun guns
• Any gun if you don’t have a permit (more on this later)

So if you have any of those just laying around your house or whatever, you could get in trouble. There’s a bunch more too but those are some of the most common ones.

What About Folding Knives and Pocket Knives?

Ok so this part is kind of tricky. Folding knives and pocket knives are legal to have, as long as they aren’t switchblades. But the law got changed recently to make it illegal to possess any knife if it has a wrist-flick opening or a bias toward opening.

What the heck does that mean? Basically if you can flick your wrist and the knife opens easily, that’s illegal now. Same if the knife is designed so that it naturally wants to open when you pull it out of your pocket. So be careful with pocket knives – make sure they don’t open too easy or it could get you in trouble.

What About Guns?

Obviously guns are a big one. You can legally have a gun in New York but only if you have a valid pistol permit. If you don’t have a permit and you have a gun, you’re breaking the law under 265.01. This includes rifles and shotguns too, not just handguns.

There’s also special rules about having guns in “sensitive locations.” Schools, government buildings, playgrounds etc. You can’t have a gun in those places even if you do have a permit. That’s a separate charge but still falls under this law.

What Are the Penalties If You Break This Law?

The penalties depend on exactly what kind of weapon you illegally possessed and some other factors. But in general:

• It’s a class A misdemeanor if it’s your first offense for a basic weapon like brass knuckles or throwing stars.
• It bumps up to a class D felony if it’s a gun and you don’t have a permit.
• Prior convictions will also make the penalties worse.

The maximum sentence for a class A misdemeanor is 1 year in jail. For a class D felony it’s up to 7 years in prison.

What Are Some Defenses People Use?

There’s a few common defenses that come up in these cases:

• Wrongful possession – This is when you didn’t knowingly possess the weapon. Like maybe someone planted it on you or you didn’t realize it was in your bag.
• Just passing through – If you can show you were only briefly in possession while in transit to somewhere else. Like you just found the weapon and were on the way to the police station to turn it in.
• Self-defense – You can argue the weapon was only for self-defense purposes. This doesn’t always work but might in some cases.

There’s more potential defenses too but those are some of the primary ones.

What If I’m Charged – Should I Get a Lawyer?

These kind of weapons charges are serious business. If you get charged under NY Penal Law 265.01, you should absolutely talk to a criminal defense lawyer right away. Don’t try to handle it yourself.

A good lawyer can look at the details of your specific case and figure out the best defense strategy. Maybe they can get the charges reduced or even dismissed. But you need their expertise to give yourself the best chance.

So in summary, this New York law bans possessing a lot of different dangerous weapons. There’s some exceptions but in general you need to be real careful what you have in your home or on your person. Getting charged under 265.01 is no joke, so talk to a lawyer if it happens to you and don’t just plead guilty without exploring your options.

Let me know if you have any other questions! I know this stuff can be confusing.

References

• New York Penal Law 265.01
• NY Penal Law § 265.01 Overview
• Gravity and Switchblade Knives
• FindLaw Overview of 265.01
• Article 265 Overview
• Sensitive Locations