(b) any of the following offenses defined in the current penal law and
any offense in any jurisdiction or in the former penal law that includes
all of the essential elements of any of the following offenses, where
the defendant and the person against whom the offense was committed were
members of the same family or household as defined in subdivision one of
section 530.11 of the criminal procedure law and as established pursuant
to section 370.15 of the criminal procedure law: assault in the third
degree; menacing in the third degree; menacing in the second degree;
criminal obstruction of breathing or blood circulation; unlawful
imprisonment in the second degree; coercion in the third degree;
criminal tampering in the third degree; criminal contempt in the second
degree; harassment in the first degree; aggravated harassment in the
second degree; criminal trespass in the third degree; criminal trespass
in the second degree; arson in the fifth degree; or attempt to commit
any of the above-listed offenses.
(c) any misdemeanor offense in any jurisdiction or in the former penal
law that includes all of the essential elements of a felony offense as
defined in the current penal law.
18. "Armor piercing ammunition" means any ammunition capable of being
used in pistols or revolvers containing a projectile or projectile core,
or a projectile or projectile core for use in such ammunition, that is
constructed entirely (excluding the presence of traces of other
substances) from one or a combination of any of the following: tungsten
alloys, steel, iron, brass, bronze, beryllium copper, or uranium.
19. "Duly authorized instructor" means (a) a duly commissioned officer
of the United States army, navy, marine corps or coast guard, or of the
national guard of the state of New York; or (b) a duly qualified adult
citizen of the United States who has been granted a certificate as an
instructor in small arms practice issued by the United States army, navy
or marine corps, or by the adjutant general of this state, or by the
division of criminal justice services, or by the national rifle
association of America, a not-for-profit corporation duly organized
under the laws of this state; (c) by a person duly qualified and
designated by the department of environmental conservation as its agent
in the giving of instruction and the making of certifications of
qualification in responsible hunting practices; or (d) a New York state
4-H certified shooting sports instructor.
20. "Disguised gun" means any weapon or device capable of being
concealed on the person from which a shot can be discharged through the
energy of an explosive and is designed and intended to appear to be
either; (a) something other than a gun; or (b) a toy gun that shall
include, but not be limited to, any firearm, rifle, shotgun or
machine-gun displaying a color finish other than the original
manufacture color, a decorative pattern or plastic like surface;
provided, however, that any rifle or shotgun displaying a camouflage
color finish or pattern that is intended for hunting, as defined by
article eleven of the environmental conservation law, shall not be
considered a "disguised gun" for purposes of this section.
21. "Semiautomatic" means any repeating rifle, shotgun or pistol,
regardless of barrel or overall length, which utilizes a portion of the
energy of a firing cartridge or shell to extract the fired cartridge
case or spent shell and chamber the next round, and which requires a
separate pull of the trigger to fire each cartridge or shell.
22. "Assault weapon" means
(a) a semiautomatic rifle that has an ability to accept a detachable
magazine and has at least one of the following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a thumbhole stock;
(iv) a second handgrip or a protruding grip that can be held by the
non-trigger hand;
(v) a bayonet mount;
(vi) a flash suppressor, muzzle break, muzzle compensator, or threaded
barrel designed to accommodate a flash suppressor, muzzle break, or
muzzle compensator;
(vii) a grenade launcher; or
(b) a semiautomatic shotgun that has at least one of the following
characteristics:
(i) a folding or telescoping stock;
(ii) a thumbhole stock;
(iii) a second handgrip or a protruding grip that can be held by the
non-trigger hand;
(iv) a fixed magazine capacity in excess of seven rounds;
(v) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least one of the following characteristics:
(i) a folding or telescoping stock;
(ii) a thumbhole stock;
(iii) a second handgrip or a protruding grip that can be held by the
non-trigger hand;
(iv) capacity to accept an ammunition magazine that attaches to the
pistol outside of the pistol grip;
(v) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(vi) a shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the firearm
with the non-trigger hand without being burned;
(vii) a manufactured weight of fifty ounces or more when the pistol is
unloaded; or
(viii) a semiautomatic version of an automatic rifle, shotgun or
firearm;
(d) a revolving cylinder shotgun;
(e) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or weapon defined in subparagraph (v) of paragraph (e) of
subdivision twenty-two of section 265.00 of this chapter as added by
chapter one hundred eighty-nine of the laws of two thousand and
otherwise lawfully possessed pursuant to such chapter of the laws of two
thousand prior to September fourteenth, nineteen hundred ninety-four;
(f) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or weapon defined in paragraph (a), (b) or (c) of this
subdivision, possessed prior to the date of enactment of the chapter of
the laws of two thousand thirteen which added this paragraph;
(g) provided, however, that such term does not include:
(i) any rifle, shotgun or pistol that (A) is manually operated by
bolt, pump, lever or slide action; (B) has been rendered permanently
inoperable; or (C) is an antique firearm as defined in 18 U.S.C.
921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine
that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds
of ammunition in a fixed or detachable magazine; or
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured
on October first, nineteen hundred ninety-three. The mere fact that a
weapon is not listed in Appendix A shall not be construed to mean that
such weapon is an assault weapon;
(v) any weapon validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter. Such weapons shall be subject to the
provisions of paragraph (h) of this subdivision;
(vi) any firearm, rifle, or shotgun that was manufactured at least
fifty years prior to the current date, but not including replicas
thereof that is validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter;
(h) Any weapon defined in paragraph (e) or (f) of this subdivision may
only be sold to, exchanged with or disposed of to a purchaser authorized
to possess such weapons or to an individual or entity outside of the
state provided that any such transfer to an individual or entity outside
of the state must be reported to the entity wherein the weapon is
registered within seventy-two hours of such transfer. An individual who
transfers any such weapon to an individual inside New York state or
without complying with the provisions of this paragraph shall be guilty
of a class A misdemeanor.
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, that has a capacity of, or that can
be readily restored or converted to accept, more than ten rounds of
ammunition; provided, however, that such term does not include an
attached tubular device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition or a feeding device that is a
curio or relic. A feeding device that is a curio or relic is defined as
a device that (i) was manufactured at least fifty years prior to the
current date, (ii) is only capable of being used exclusively in a
firearm, rifle, or shotgun that was manufactured at least fifty years
prior to the current date, but not including replicas thereof, (iii) is
possessed by an individual who is not prohibited by state or federal law
from possessing a firearm and (iv) is registered with the division of
state police pursuant to subdivision sixteen-a of section 400.00 of this
chapter, except such feeding devices transferred into the state may be
registered at any time, provided they are registered within thirty days
of their transfer into the state. Notwithstanding paragraph (h) of
subdivision twenty-two of this section, such feeding devices may be
transferred provided that such transfer shall be subject to the
provisions of section 400.03 of this chapter including the check
required to be conducted pursuant to such section.
24. "Seller of ammunition" means any person, firm, partnership,
corporation or company who engages in the business of purchasing,
selling or keeping ammunition.
25. "Qualified retired New York or federal law enforcement officer"
means an individual who is a retired police officer as police officer is
defined in subdivision thirty-four of section 1.20 of the criminal
procedure law, a retired peace officer as peace officer is defined in
section 2.10 of the criminal procedure law or a retired federal law
enforcement officer as federal law enforcement officer is defined in
section 2.15 of the criminal procedure law, who: (a) separated from
service in good standing from a public agency located in New York state
in which such person served as either a police officer, peace officer or
federal law enforcement officer; and (b) before such separation, was
authorized by law to engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any person
for, any violation of law, and had statutory powers of arrest, pursuant
to their official duties, under the criminal procedure law; and (c) (i)
before such separation, served as either a police officer, peace officer
or federal law enforcement officer for five years or more and at the
time of separation, is such an officer; or (ii) separated from service
with such agency, after completing any applicable probationary period of
such service, due to a service-connected disability, as determined by
such agency at or before the time of separation; and (d)(i) has not been
found by a qualified medical professional employed by such agency to be
unqualified for reasons relating to mental health; or (ii) has not
entered into an agreement with such agency from which the individual is
separating from service in which that individual acknowledges he or she
is not qualified for reasons relating to mental health; and (e) is not
otherwise prohibited by New York or federal law from possessing any
firearm.
26. "Rapid-fire modification device" means any bump stock, trigger
crank, binary trigger system, burst trigger system, or any other device
that is designed to accelerate the rate of fire of a semi-automatic
firearm, rifle or shotgun.
27. "Bump stock" means any device or instrument that increases the
rate of fire achievable with a semi-automatic firearm, rifle or shotgun
by using energy from the recoil of the weapon to generate a
reciprocating action that facilitates repeated activation of the
trigger.
28. "Trigger crank" means any device or instrument that repeatedly
activates the trigger of a semi-automatic firearm, rifle or shotgun
through the use of a lever or other part that is turned in a circular
motion and thereby accelerates the rate of fire of such firearm, rifle
or shotgun, provided, however, that "trigger crank" shall not include
any weapon initially designed and manufactured to fire through the use
of a crank or lever.
29. "Binary trigger system" means any device that, when installed in
or attached to a semi-automatic firearm rifle, or shotgun causes that
weapon to fire once when the trigger is pulled and again when the
trigger is released.
30. "Burst trigger system" means any device that, when installed in or
attached to a semi-automatic firearm, rifle, or shot gun, allows that
weapon to discharge two or more shots with a single pull or the trigger
by altering the trigger reset.
31. "New York state 4-H certified shooting instructor" means a
certified shooting sports instructor of the National 4-H Shooting
Sports, a non-profit organization, engaged in shooting education and
youth development programming that is administered by the National
Institute of Food and Agriculture of the United States department of
agriculture.
* 32. "Unfinished frame or receiver" means any unserialized material
that does not constitute the frame or receiver of a firearm, rifle or
shotgun but that has been shaped or formed in any way for the purpose of
becoming the frame or receiver of a firearm, rifle or shotgun, and which
may readily be made into a functional frame or receiver through milling,
drilling or other means.
* NB There are 2 sb 32's
* 32. "Ghost gun" means a firearm, rifle or shotgun that does not
comply with the provisions of section 265.07 of this article and is not
serialized.
* NB There are 2 sb 32's
33. "Microstamp" means a unique alphanumeric or geometric code that
identifies the make, model, and serial number of a firearm.
34. "Microstamping component" means a component part of a
semi-automatic pistol that will produce a microstamp on at least one
location of the expended cartridge case each time the pistol is fired.
35. "Microstamping-enabled pistol" means any semiautomatic pistol that
contains a microstamping component.
Structure New York Laws
Title P - Offenses Against Public Safety
Article 265 - Firearms and Other Dangerous Weapons
265.01 - Criminal Possession of a Weapon in the Fourth Degree.
265.01-A - Criminal Possession of a Weapon on School Grounds.
265.01-B - Criminal Possession of a Firearm.
265.01-C - Criminal Possession of a Rapid-Fire Modification Device.
265.01-D - Criminal Possession of a Weapon in a Restricted Location.
265.01-E - Criminal Possession of a Firearm, Rifle or Shotgun in a Sensitive Location.
265.02 - Criminal Possession of a Weapon in the Third Degree.
265.03 - Criminal Possession of a Weapon in the Second Degree.
265.04 - Criminal Possession of a Weapon in the First Degree.
265.05 - Unlawful Possession of Weapons by Persons Under Sixteen.
265.06 - Unlawful Possession of a Weapon Upon School Grounds.
265.08 - Criminal Use of a Firearm in the Second Degree.
265.09 - Criminal Use of a Firearm in the First Degree.
265.11 - Criminal Sale of a Firearm in the Third Degree.
265.12 - Criminal Sale of a Firearm in the Second Degree.
265.13 - Criminal Sale of a Firearm in the First Degree.
265.14 - Criminal Sale of a Firearm With the Aid of a Minor.
265.15 - Presumptions of Possession, Unlawful Intent and Defacement.
265.16 - Criminal Sale of a Firearm to a Minor.
265.17 - Criminal Purchase or Disposal of a Weapon.
265.19 - Aggravated Criminal Possession of a Weapon.
265.25 - Certain Wounds to Be Reported.
265.26 - Burn Injury and Wounds to Be Reported.
265.30 - Certain Convictions to Be Reported.
265.35 - Prohibited Use of Weapons.
265.37 - Unlawful Possession of Certain Ammunition Feeding Devices.
265.38 - Unlawful Sale of a Non-Microstamping-Enabled Firearm.
265.40 - Purchase of Rifles And/or Shotguns in Contiguous States.
265.45 - Failure to Safely Store Rifles, Shotguns, and Firearms in the First Degree.
265.50 - Criminal Manufacture, Sale, or Transport of an Undetectable Firearm, Rifle or Shotgun.
265.50*2 - Failure to Safely Store Rifles, Shotguns, and Firearms in the Second Degree.
265.55 - Criminal Possession of an Undetectable Firearm, Rifle or Shotgun.
265.60 - Criminal Sale of a Ghost Gun in the Second Degree.
265.61 - Criminal Sale of a Ghost Gun in the First Degree.
265.63 - Criminal Sale of a Frame or Receiver in the Second Degree.
265.64 - Criminal Sale of a Frame or Receiver in the First Degree.