PL 265.01 · Article 265
Criminal Possession of a Weapon in the Fourth Degree
This is the baseline weapons charge. It covers knowingly possessing a firearm, a concealed weapon, a knife or razor, a gravity knife, a billy or sand club, a chukka stick, a throwing star, or a stun gun, among other listed items.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- You knowingly possessed the item.
- The item is one of the weapons the statute makes unlawful to possess.
Defenses that commonly apply
- You did not know the item was present.
- The item does not meet the legal definition of the weapon charged.
- The stop, search or seizure was unlawful.
- You had a lawful reason to possess it under the statute's exceptions.
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to 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.
Every case turns on its own facts. The information on this page is general, not legal advice.
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