PL 265.01: Criminal Possession of a Weapon in New York

PL 265.01 makes simple possession of certain weapons a misdemeanor with no intent requirement at all — and if you have any prior conviction, the same conduct becomes a felony. Around 155 weapons possession cases a year run through Nassau and Suffolk County District Court. If you have been charged, call Hochhauser Criminal & DWI Defense at 516-939-1529.

PL 265.01 penalties and how a prior changes everything

Two things on that table deserve emphasis, and they cut in opposite directions.

First, the middle row is the trap. The aggravator for PL 265.02(1) is a prior conviction of any crime — misdemeanor or felony, any jurisdiction, no time limit. A twenty-year-old shoplifting conviction converts a misdemeanor into a Class D felony.

Second, and more favorably: PL 265.02(1) is not a violent felony. New York’s violent felony list includes several subdivisions of PL 265.02 but deliberately omits subdivision one. That means no determinate sentence, no mandatory prison, and probation or a definite sentence of a year or less all remain available for a first felony offender. Most sites get this wrong. The contrast with PL 265.03 is stark: that one carries a genuine three and a half year mandatory minimum in state prison.

What PL 265.01(1) covers

Subdivision one is a per se possession count. It lists specific items — any firearm, electronic dart guns and stun guns, switchblade knives, metal and plastic knuckles, knuckle knives, cane swords, billies, blackjacks, bludgeons, chuka sticks, sandbags and sandclubs, wrist-brace slingshots, and shuriken. Possession alone completes the offense. No intent to use anything unlawfully is required.

That is different from PL 265.01(2), which covers daggers, dangerous knives, dirks, machetes, razors, stilettos and imitation pistols — and which does require intent to use the item unlawfully against another person. Which subdivision is charged matters a great deal.

One item that is frequently listed incorrectly elsewhere: gravity knives were removed from the statute in 2019 and are no longer covered by subdivision one. Older summaries still include them.

Where these cases are won

Weapons possession cases live and die on the search. Was there a lawful basis for the stop? For the frisk? For opening the bag, the glove box, the trunk? New York’s rules governing street encounters are demanding and graduated, and a suppression hearing is where the overwhelming majority of these cases are actually decided.

Other defenses that carry real weight:

• The item is not a listed item. The list is exhaustive and the terms are defined. An ordinary folding pocketknife is not a switchblade.
• Constructive possession. A weapon in a shared car or a shared apartment must be tied to you through dominion and control, not proximity. The automobile presumption is rebuttable.
• Knowledge that the item was present at all.
• Attacking the predicate on a felony charge. This is the most overlooked argument in the statute. PL 265.02(1) requires a prior conviction of a crime — and a violation, such as disorderly conduct or harassment in the second degree, is not a crime in New York. Neither is a youthful offender adjudication, which is not a conviction at all. If the predicate does not qualify, the felony collapses back to a misdemeanor.
• Statutory exemptions under PL 265.20, which cover licensees, lawful transport and other categories.

A note on New York gun law

New York’s firearm licensing framework changed substantially after the Supreme Court’s 2022 decision in NYSRPA v. Bruen and the Concealed Carry Improvement Act that followed it, which added new location-based offenses and rewrote parts of the licensing scheme. Litigation over several of those provisions is ongoing. Those changes did not amend PL 265.01(1), PL 265.02(1) or PL 265.03, but if your case involves a licensed firearm carried somewhere it should not have been, that is a distinct and fast-moving area — ask about it directly.

Where weapons cases are heard on Long Island

Felony weapons matters proceed to County Court after arraignment. We handle these cases across Nassau County and Suffolk County.

PL 265.01 frequently asked questions

I did not intend to use it. Does that matter?

Not under subdivision one, which is a strict possession count. It matters under subdivision two, which requires intent to use the item unlawfully — so which subdivision you are charged under is worth checking first.

Why is mine a felony?

Almost certainly a prior conviction. Any crime, of any age, in any jurisdiction elevates CPW 4th to CPW 3rd. Whether that prior actually qualifies is worth examining closely.

Will I go to prison?

Not automatically. PL 265.02(1) is a Class D felony but not a violent one, so there is no mandatory prison term for a first felony offender. A loaded firearm charge under PL 265.03 is entirely different.

The knife was in my toolbox for work.

Whether the item is a listed weapon, and whether it was possessed at all in the legal sense, are both real questions. Bring the context to your consultation.

Speak with a Long Island weapons defense lawyer

Richard Hochhauser defends weapons possession cases in Nassau and Suffolk County at the misdemeanor and felony levels. These cases are won on the search and on the predicate, and both require someone to actually litigate them rather than negotiate around them.

This page provides general information about PL 265.01 weapon possession in New York and is not legal advice. Every case turns on its own facts. Contacting our firm does not create an attorney-client relationship.