§ 265.00 Definitions.
As used in this article and in article four hundred, the following
terms shall mean and include:
1. “Machine–gun” means a weapon of any description, irrespective of
size, by whatever name known, loaded or unloaded, from which a number of
shots or bullets may be rapidly or automatically discharged from a
magazine with one continuous pull of the trigger and includes a
sub-machine gun.
2. “Firearm silencer” means any instrument, attachment, weapon or
appliance for causing the firing of any gun, revolver, pistol or other
firearms to be silent, or intended to lessen or muffle the noise of the
firing of any gun, revolver, pistol or other firearms.
3. “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. For the purpose of this subdivision the length of the
barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm.
4. “Switchblade knife” means any knife which has a blade which opens
automatically by hand pressure applied to a button, spring or other
device in the handle of the knife.
5. “Gravity knife” means any knife which has a blade which is released
from the handle or sheath thereof by the force of gravity or the
application of centrifugal force which, when released, is locked in
place by means of a button, spring, lever or other device.
5-a. “Pilum ballistic knife” means any knife which has a blade which
can be projected from the handle by hand pressure applied to a button,
lever, spring or other device in the handle of the knife.
5-b. “Metal knuckle knife” means a weapon that, when closed, cannot
function as a set of plastic knuckles or metal knuckles, nor as a knife
and when open, can function as both a set of plastic knuckles or metal
knuckles as well as a knife.
5-c. “Automatic knife” includes a stiletto, a switchblade knife, a
gravity knife, a cane sword, a pilum ballistic knife, and a metal
knuckle knife.
6. “Dispose of” means to dispose of, give, give away, lease, loan,
keep for sale, offer, offer for sale, sell, transfer and otherwise
dispose of.
7. “Deface” means to remove, deface, cover, alter or destroy the
manufacturer’s serial number or any other distinguishing number or
identification mark.
8. “Gunsmith” means any person, firm, partnership, corporation or
company who engages in the business of repairing, altering, assembling,
manufacturing, cleaning, polishing, engraving or trueing, or who
performs any mechanical operation on, any firearm, large capacity
ammunition feeding device or machine-gun.
9. “Dealer in firearms” means any person, firm, partnership,
corporation or company who engages in the business of purchasing,
selling, keeping for sale, loaning, leasing, or in any manner disposing
of, any assault weapon, large capacity ammunition feeding device, pistol
or revolver.
10. “Licensing officer” means in the city of New York the police
commissioner of that city; in the county of Nassau the commissioner of
police of that county; in the county of Suffolk the sheriff of that
county except in the towns of Babylon, Brookhaven, Huntington, Islip and
Smithtown, the commissioner of police of that county; for the purposes
of section 400.01 of this chapter the superintendent of state police;
and elsewhere in the state a judge or justice of a court of record
having his office in the county of issuance.
11. “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 in a fixed metallic
cartridge to fire only a single projectile through a rifled bore for
each single pull of the trigger.
12. “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 in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.
13. “Cane Sword” means a cane or swagger stick having concealed within
it a blade that may be used as a sword or stilletto.
* 14. “Antique firearm” means: Any unloaded muzzle loading pistol or revolver with a matchlock,
flintlock, percussion cap, or similar type of ignition system, or a
pistol or revolver which uses fixed cartridges which are no longer
available in the ordinary channels of commercial trade.
* NB There are 2 sb 14’s
* 14. “Chuka stick” means any device designed primarily as a weapon,
consisting of two or more lengths of a rigid material joined together by
a thong, rope or chain in such a manner as to allow free movement of a
portion of the device while held in the hand and capable of being
rotated in such a manner as to inflict serious injury upon a person by
striking or choking. These devices are also known as nunchakus and
centrifugal force sticks.
* NB There are 2 sb 14’s
15. “Loaded firearm” means any firearm loaded with ammunition or any
firearm which is possessed by one who, at the same time, possesses a
quantity of ammunition which may be used to discharge such firearm.
15-a. “Electronic dart gun” means any device designed primarily as a
weapon, the purpose of which is to momentarily stun, knock out or
paralyze a person by passing an electrical shock to such person by means
of a dart or projectile.
15-b. “Kung Fu star” means a disc-like object with sharpened points on
the circumference thereof and is designed for use primarily as a weapon
to be thrown.
15-c. “Electronic stun gun” means any device designed primarily as a
weapon, the purpose of which is to stun, cause mental disorientation,
knock out or paralyze a person by passing a high voltage electrical
shock to such person.
16. “Certified not suitable to possess a self-defense spray device, a
rifle or shotgun” means that the director or physician in charge of any
hospital or institution for mental illness, public or private, has
certified to the superintendent of state police or to any organized
police department of a county, city, town or village of this state, that
a person who has been judicially adjudicated incompetent, or who has
been confined to such institution for mental illness pursuant to
judicial authority, is not suitable to possess a self-defense spray
device, as defined in section 265.20 of this article, or a rifle or
shotgun.
17. “Serious offense” means (a) any of the following offenses defined
in the former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven: illegally using, carrying
or possessing a pistol or other dangerous weapon; making or possessing
burglar’s instruments; buying or receiving stolen property; unlawful
entry of a building; aiding escape from prison; that kind of disorderly
conduct defined in subdivisions six and eight of section seven hundred
twenty-two of such former penal law; violations of sections four hundred
eighty-three, four hundred eighty-three-b, four hundred eighty-four-h
and article one hundred six of such former penal law; that kind of
criminal sexual act or rape which was designated as a misdemeanor;
violation of section seventeen hundred forty-seven-d and seventeen
hundred forty-seven-e of such former penal law; any violation of any
provision of article thirty-three of the public health law relating to
narcotic drugs which was defined as a misdemeanor by section seventeen
hundred fifty-one-a of such former penal law, and any violation of any
provision of article thirty-three-A of the public health law relating to
depressant and stimulant drugs which was defined as a misdemeanor by
section seventeen hundred forty-seven-b of such former penal law.
* (b) any of the following offenses defined in the penal law:
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; the offenses
defined in article two hundred thirty-five; issuing abortional articles;
permitting prostitution; promoting prostitution in the third degree;
stalking in the fourth degree; stalking in the third degree; the
offenses defined in article one hundred thirty; the offenses defined in
article two hundred twenty.
* NB There are 2 par. b’s
* (b) any of the following offenses defined in the penal law:
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; the offenses
defined in article two hundred thirty-five; issuing abortional articles;
permitting prostitution; promoting prostitution in the third degree;
stalking in the third degree; stalking in the fourth degree; the
offenses defined in article one hundred thirty; the offenses defined in
article two hundred twenty.
* NB There are 2 par. b’s
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
national rifle association of America, a not-for-profit corporation duly
organized under the laws of this state; or (c) by a person duly
qualified and designated by the department of environmental conservation
under paragraph d of subdivision six of section 11-0713 of the
environmental conservation law as its agent in the giving of instruction
and the making of certifications of qualification in responsible hunting
practices.
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
something other than a gun.
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 and
any large capacity ammunition feeding device that was legally possessed
by an individual prior to the enactment of the chapter of the laws of
two thousand thirteen which added this paragraph, 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 or large capacity ammunition device to an individual inside New
York state or without complying with the provisions of this paragraph
shall be guilty of a class A misdemeanor unless such large capacity
ammunition feeding device, the possession of which is made illegal by
the chapter of the laws of two thousand thirteen which added this
paragraph, is transferred within one year of the effective date of the
chapter of the laws of two thousand thirteen which added this paragraph.
23. “Large capacity ammunition feeding device” means a magazine, belt,
drum, feed strip, or similar device, that (a) has a capacity of, or that
can be readily restored or converted to accept, more than ten rounds of
ammunition, or * (b) contains more than seven rounds of ammunition, or
(c) is obtained after the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision and has a capacity
of, or that can be readily restored or converted to accept, more than
seven rounds of ammunition
* NB Suspended and NOT Effective per ch 1/2013 § 58, as amended by ch
57/2013 Pt. FF § 4
; 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.
