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Suffolk County Weapon Charges

In Suffolk County, as in all of New York, those charged Criminal Possession of a Weapon may be charged as a misdemeanor, or as a felony. The lowest level weapon charge in New York is Criminal Possession of a Weapon in the Fourth Degree. This charge is an “A” Misdemeanor. All other possession of weapon charges in New York will be felony charges. In Suffolk County, all Felony Criminal Possession of a Weapon charges will be returnable to the Suffolk County Court in Riverhead. Misdemeanor weapon charges and pre-indicted felony weapon court appearances will be held at the Suffolk County First District Court in Central Islip.

Below is the statute defining the elements of the lowest level weapon charge, Criminal Possession of a Weapon in the Fourth Degree. This is the most common level of possession of a weapon charge issued in New York.

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:

He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, 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, shirken or "Kung Fu star"; or
He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or
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
He possesses any dangerous or deadly weapon and is not a citizen of the United States; or
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.
He knowingly possesses a bullet containing an explosive substance designed to detonate upon impact.
He possesses any armor piercing ammunition with intent to use the same unlawfully against another.

Below is a list of the New York State Criminal Possession of Weapon Offenses

Section 265.01 Criminal possession of a weapon in the fourth degree
Section 265.01-a Criminal possession of a weapon on school grounds
Section 265.01-b Criminal possession of a firearm
Section 265.02 Criminal possession of a weapon in the third degree
Section 265.03 Criminal possession of a weapon in the second degree
Section 265.04 Criminal possession of a weapon in the first degree
Section 265.05 Unlawful possession of weapons by persons under sixteen
Section 265.06 Unlawful possession of a weapon upon school grounds
Section 265.08 Criminal use of a firearm in the second degree
Section 265.09 Criminal use of a firearm in the first degree
Section 265.10 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
Section 265.11 Criminal sale of a firearm in the third degree
Section 265.12 Criminal sale of a firearm in the second degree
Section 265.13 Criminal sale of a firearm in the first degree
Section 265.14 Criminal sale of a firearm with the aid of a minor
Section 265.16 Criminal sale of a firearm to a minor
Section 265.17 Criminal purchase of a weapon
Section 265.35 Prohibited use of weapons
Section 265.40 Purchase of rifles and/or shotguns in contiguous states

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