§ 265.01 Criminal possession of a weapon in the fourth degree (NY)
(Click here for
gun possession)
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aforesaid certificate has been rescinded by the director or physician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.
Penalties for § 265.01 Criminal possession of a weapon in the 4th degree
In New York, criminal possession of a weapon in the 4th degree is penalized
as a class A
misdemeanor.
- Up to 364 days in jail
- Up to 3 years of probation
- Combination of jail and probation
- Conditional or unconditional discharge
- DNA database inclusion
- Permanent criminal record
- Collateral consequences such as employment, housing, immigration, or travel problems
Criminal possession of a weapon in the fourth degree is a commonly charged
misdemeanor in New York City. Typically, clients are given a desk appearance ticket
listing a "top offense charged" of 265.01. Our defense efforts
focus on getting the charges dismissed or reduced to reduce the risk of
criminal penalties and to avoid a permanent criminal record.
We've seen clients charged with this offense in a variety of circumstances such as:
- Arrests in the subway for illegal knives or other weapons
- Arrests at the airport (La Guardia or JFK Kennedy airport) because of knives
or other weapons found during security screening
- Car stops where an illegal knife or other weapon is found
- Circumstances where something common (like a tool or other hard object)
is used as a weapon during a fight
- Common weapons include knives, box-cutters, stun guns, and other weapons
If you or a loved-one has been charged with Penal Law 265.01 in New York
City for possession of a weapon,
contact us for a case evaluation