Westchester County · PL 265.01

Criminal Possession of a Weapon in the Fourth Degree Lawyer in Tarrytown — Tarrytown Village Court

The supplied statute covers several distinct possession offenses involving specified weapons, ammunition, firearm components, and particular possession restrictions. Some alternatives require unlawful intent, knowledge, a prior conviction, or another specified circumstance; the prosecutor must prove the applicable criminal charge against the person accused beyond a reasonable doubt.

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One mistake should not define your life

Being charged is not the same as being guilty. An accusation can leave you worried about your family, your job, and your future. You deserve to be heard and treated as a person, not a case number. One mistake should not define who you are, and an accusation should not erase the rest of your story.

If you or a loved one is facing Criminal Possession of a Weapon in the Fourth Degree allegations connected with Tarrytown Village Court in Westchester County, Yvonne is ready to help you understand the charge and the next steps. You do not have to face this uncertainty without guidance.

How this charge moves through this court

Tarrytown Village Court is located at One Depot Plaza, Tarrytown, NY 10591. Check the date and location on your court papers and confirm any changes with your attorney. This court's role depends on the charge and stage of the case; this page does not mean that every charge is tried here.

Local courts generally handle misdemeanors and violations. For felony charges, they may conduct arraignment and preliminary proceedings; if the prosecution continues, later felony proceedings generally take place in County or Supreme Court. The particular path depends on the case.

What happens at your first appearance

Before your appearance at Tarrytown Village Court, Yvonne can review your papers, explain the purpose of the hearing, and prepare you for questions the judge may ask. At a criminal arraignment, she can explain the accusation and advocate for release or appropriate conditions where the law allows. The court decides; release without bail cannot be promised.

If an order of protection or another court condition is already in place, follow it even if you disagree and ask your attorney about anything unclear. Do not assume you may skip an appearance because you have counsel; confirm whether you must attend.

Definition under New York law

PL 265.01 · Original statutory wording; excerpts must be read together with the full section.

§ 265.01 Criminal possession of a weapon in the fourth degree. 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, shuriken, or throwing 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) Such person possesses any armor piercing ammunition with intent to use the same unlawfully against another. * (9) Such person possesses a major component of a firearm, rifle, or shotgun and such person is prohibited from possessing a shotgun or rifle pursuant to: (i) this article; (ii) subsection (g) of section 922 of title 18 of the United States Code; or (iii) a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules; or * NB There are 2 sb (9)'s * (9) Such person is not licensed as a gunsmith or a dealer in firearms pursuant to section 400.00 of this chapter and, knowing it is a ghost gun, such person possesses a ghost gun, provided that a person shall not be guilty under this subdivision when he or she (a) voluntarily surrenders such ghost gun to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or (b) for a period of six months after the effective date of this section possesses a ghost gun prior to serialization and registration of such ghost gun pursuant to section 265.07 of this article. * NB There are 2 sb (9)'s (10) Such person is not licensed as a gunsmith or dealer in firearms pursuant to section 400.00 of this chapter and, knowing it is an unserialized frame or receiver or unfinished frame or receiver, such person possesses an unserialized frame or receiver or unfinished frame or receiver, provided that for a period of six months after the effective date of this subdivision, a person shall not be guilty under this subdivision when such person: (a) voluntarily surrenders such unserialized frame or receiver or unfinished frame or receiver to any law enforcement official designated pursuant to subparagraph (f) of paragraph one of subdivision (a) of section 265.20 of this article; or (b) possesses such unserialized frame or receiver or unfinished frame or receiver prior to serialization of such unserialized frame or receiver or unfinished frame or receiver in accordance with the requirements imposed on licensed importers and licensed manufacturers pursuant to subsection (i) of Section 923 of Title 18 of the United States Code and regulations issued pursuant thereto, except for antique firearms as defined in subdivision fourteen of section 265.00 of this article, as added by chapter nine hundred eighty-six of the laws of nineteen hundred seventy-four, or any firearm, rifle or shotgun manufactured prior to nineteen hundred sixty-eight. Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

Read the full section at the New York State Senate

In everyday language

At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.

CPL § 70.20

What the prosecutor must prove

The points below explain the legal requirements behind this accusation. They are not findings that you did anything wrong. Yvonne can compare each requirement with the evidence in your case and explain what it means for your defense.

These are alternatives, not cumulative requirements: the prosecutor must prove the applicable alternative beyond a reasonable doubt.
Subdivision (1): possession of any listed firearm, electronic dart gun, electronic stun gun, switchblade, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic or metal knuckles, chuka stick, sand bag, sandclub, wrist-brace slingshot, slungshot, shuriken, or throwing star.
Subdivision (2): possession of a dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, undetectable knife, or other dangerous or deadly instrument or weapon, with intent to use it unlawfully against another. The supplied subdivision (3) contains no substantive requirement.
Subdivision (4): possession of a rifle, shotgun, antique firearm, black powder rifle or shotgun, or muzzle-loading firearm, together with a conviction for a felony or serious offense.
Subdivision (5): possession of a dangerous or deadly weapon by a person who is not a United States citizen.
Subdivision (6): certification of unsuitability to possess a rifle or shotgun as referenced in section 265.00(16), and refusal to surrender that rifle or shotgun upon a police officer's demand. The text also requires immediate police seizure and retention, without destruction, until rescission of the certification or court-authorized disposition.
Subdivision (7): knowing possession of a bullet containing an explosive substance designed to detonate on impact. Alternatively, subdivision (8): possession of armor-piercing ammunition with intent to use it unlawfully against another.
First subdivision (9): possession of a major firearm, rifle, or shotgun component while prohibited from possessing a rifle or shotgun under this article, 18 USC 922(g), or a temporary or final extreme risk protection order under CPLR article 63-A.
Second subdivision (9): possession of a ghost gun, knowing it is a ghost gun, without a gunsmith or firearms-dealer license under section 400.00. The text excludes voluntary surrender to the designated official and, for six months after the section's effective date, possession before serialization and registration under section 265.07.
Subdivision (10): possession of an unserialized or unfinished frame or receiver, knowing its character, without the specified gunsmith or dealer license. For six months after this subdivision's effective date, the text provides alternatives of surrender to a designated official or possession before serialization under the referenced federal requirements, and includes the stated exception for defined antique firearms or firearms, rifles, or shotguns manufactured before 1968.

Defenses that commonly apply

A defense is not one-size-fits-all. These are issues an attorney may explore, not promises that a particular defense will apply. What happened before, during, and after the alleged incident can be important.

What evidence establishes that the person accused possessed an item within the particular statutory category charged?
What evidence establishes any intent, knowledge, conviction, citizenship status, prohibition, or certification and refusal required by that alternative?
Do licensing records, surrender records, manufacturing dates, or serialization and registration dates support an applicable express exception?

Penalties and collateral consequences

Maximum penalties are not a prediction of your sentence. The applicable law, your record, the evidence, and the resolution of the case all matter. Before making a decision, discuss possible effects on your work, family, driver's license, or immigration status, where relevant.

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.

New York weapons law has changed repeatedly since 2022. Whether an item is lawful to possess depends on the current text and on where you had it.

An experienced attorney, a strategy built around you

Yvonne Garbett has 24 years of experience as an attorney, admitted in 2002. She served as an Assistant District Attorney from 2002–2006 and has practiced criminal defense privately since 2006. She brings a prosecutor's perspective to evaluating the evidence and building a defense. She is ready to listen, explain your options, and work strategically with you toward the best possible result given your circumstances.

If the police made a mistake, the truth matters

Police reports do not always tell the whole story. If you believe an officer misunderstood what happened, identified the wrong person, or left out important facts, tell Yvonne. She can examine the available evidence, look for inconsistencies, and work to bring the truth to light. The defense depends on what the evidence actually shows, not assumptions about you.

Working together on your defense

Tell Yvonne what happened in your own words, what worries you most, and what you hope to protect. Keep your court papers and any relevant messages or records; do not delete or alter potential evidence. Together, you can consider the strengths and weaknesses of the case and decide on a strategy, whether that means challenging evidence, pursuing an appropriate negotiated resolution, or preparing for trial. No attorney can guarantee an outcome.

Text us immediately · (845) 290-2492

Common questions about your defense

Does the prosecutor always have to prove intent to use the weapon unlawfully?

No; the supplied statute expressly requires that intent for the dangerous-instrument alternative in subdivision (2) and the armor-piercing-ammunition alternative in subdivision (8), but not for every alternative. If either of those alternatives is charged, evidence disputing unlawful intent may support a defense for the person accused. Other alternatives require different facts, which the prosecutor must prove beyond a reasonable doubt.

Why is starting a defense early imperative?

An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.

How does an experienced lawyer help build the best possible defense?

Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.

Does an arrest or police report prove the charge?

No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.

Can the charge be dismissed or reduced?

That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.

Every case turns on its own facts. The information on this page is general, not legal advice.

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