N.Y. Penal Law 265.17 – Criminal purchase or disposal of a weapon
§ 265.17 Criminal purchase or disposal of a weapon.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 7 years | up to $5,000 |
Terms Used In N.Y. Penal Law 265.17
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Firearm: means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon; or (f) any other weapon that is not otherwise defined in this section containing any component that provides housing or a structure designed to hold or integrate any fire control component that is designed to or may readily be converted to expel a projectile by action of explosive. See N.Y. Penal Law 265.00
- Rifle: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive to fire only a single projectile through a rifled bore for each single pull of the trigger using either: (a) fixed metallic cartridge; or (b) each projectile and explosive charge are loaded individually for each shot discharged. See N.Y. Penal Law 265.00
- Serious offense: means (a) any of the following offenses defined in the current penal law and any offense in any jurisdiction or the former penal law that includes all of the essential elements of any of the following offenses: illegally using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools; criminal possession of stolen property in the third degree; escape in the third degree; jostling; fraudulent accosting; endangering the welfare of a child; obscenity in the third degree; issuing abortional articles; permitting prostitution; promoting prostitution in the third degree; stalking in the fourth degree; stalking in the third degree; sexual misconduct; forcible touching; sexual abuse in the third degree; sexual abuse in the second degree; criminal possession of a controlled substance in the seventh degree; criminally possessing a hypodermic instrument; criminally using drug paraphernalia in the second degree; criminal possession of methamphetamine manufacturing material in the second degree; and a hate crime defined in article four hundred eighty-five of this chapter. See N.Y. Penal Law 265.00
- Shotgun: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive to fire through a smooth or rifled bore either a number of ball shot or a single projectile for each single pull of the trigger using either: (a) a fixed shotgun shell; or (b) a projectile or number of ball shot and explosive charge are loaded individually for each shot discharged. See N.Y. Penal Law 265.00
A person is guilty of criminal purchase or disposal of a weapon when:
1. Knowing that he or she is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligible to lawfully possess a firearm, rifle or shotgun in this state, or knowing that he or she is the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense, such person purchases or otherwise acquires a firearm, rifle or shotgun from another person; or
2. Knowing that it would be unlawful for another person to possess a firearm, rifle or shotgun, or knowing that another person is the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense, he or she purchases or otherwise acquires a firearm, rifle or shotgun for, on behalf of, or for the use of such other person; or
3. Knowing that another person is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligible to lawfully possess a firearm, rifle or shotgun in this state, or knowing that another person is the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense, a person disposes of a firearm, rifle or shotgun to such other person.
Criminal purchase or disposal of a weapon is a class D felony.