1. Criminal Possession of Weapons Penal Law Article 265
FINAL

2. Criminal Possession of Weapons
I will define the Common Terms:
Possession
Knowingly
Firearm
Next, I will break the following assault offenses into elements:
Criminal Possession of Weapons 4th Degree
Criminal Possession of Firearms
Criminal Possession of Weapons on School Grounds

3. Common Definitions
Possession: Physical possession or Exercise dominion or control over tangible property Knowingly: Aware of possession of firearm Firearm: Any pistol or revolver

4. The Basic Offense: Criminal Possession of a Weapon in the 4th Degree
Statute (Penal Law § ):
A person is guilty of possession of weapon in the 4th degree when:
In possession of any firearm
Knife
Other weapons
Intent of using weapon unlawfully against another
Class A misdemeanor
People v Louis-Jaques, 56 Misc 3d 138 [App Term, 2d 2017]

5. Criminal Possession of a Weapon in the 4th Degree
Elements
Must be in possession of firearm, knife or weapon
Must knowingly be in possession of weapon
Intent to unlawfully use firearm, knife or other weapon against another

6. Criminal Possession of a Weapon in the 4th Degree
Elevators
Possession of firearm
Failure to register firearm

7. Criminal Possession of a Firearm
Statute (Penal Law § b):
Person is guilty of possession of firearm when:
In possession of firearm
Is knowingly in possession of firearm
Firearm is operable

8. Criminal Possession of a Firearm
What does operable mean?
Firearm is capable of discharging ammunition
Firearm does not need to be loaded to charge
for possession of weapon
Must be aware of possession of firearm, but does
not need to be aware if firearm is operable
People v Kilhullen, 44 Misc 3d 193 [Sup Ct, Rensselaer County 2014]

9. Criminal Possession of Firearm Failure to Register
Prior to March 16, 2013 firearms were not required to registered.
After April 15, 2103, lawfully possessed firearms required to be registered with the Superintendent State Police
Knowingly and lawfully possession of weapon prior to March 16, 2013, that became subject to registration requirements as of April 15, 2013, and knowingly fails to register said firearm pursuant to such law.
Class E Felony

10. Criminal Possession of a Firearm Failure to Register
Elements:
Person knowingly had possession of firearm prior to March 16, 2013
Knowingly had possession of same firearm after April 15, 2013
Firearm was operable
Person required to register firearm knowingly failed to do so

11. Criminal Possession of a weapon on school grounds
Statute (Penal Law § a):
A person is guilty of possession of a weapon on school grounds when:
Knowingly in possession of firearm, rifle, or shotgun
In building, or upon grounds used for educational purposes (school, college, university, school bus)
Without the written authority of an educational institution
Class E Felony

12. Criminal Possession of a weapon on school grounds
Statute (Penal Law § a):
The elevator is possession of firearm has to be on school grounds, or in the building of the institution of education.

13. Criminal Possession of a weapon on school grounds
Elements:
Possession of weapon in the building or on the grounds used for educational purposes, school, college, university, or a school bus without written authorization of such educational institution.
Knowingly had possession of weapon.
The weapon was operable
Possession did not take place on the forestry lands, wherever located, owned ,and maintained by the state university of New York College of environmental science and forestry.