Penal Law T/F

Question 1

A FIREARM includes any PISTOL or REVOLVER, but does not include an ANTIQUE firearm

A: TRUE
B: FALSE

Answer 1

A: See 265.00(3) P.L. Also includes an “ASSAULT WEAPON.”

Question 2

A FIREARM does not include a rifle with a 16 inch barrel and an overall length of 26 inches.

A: TRUE
B: FALSE

Answer 2

A: Remember the rules:

1. Rifles - barrel LESS THAN 16”
2. Shotgun - barrel LESS THAN 18”
3. Rifle or shotgun - overall length LESS THAN 26”

Question 3

A METAL KNUCKLE KNIFE is a DEADLY WEAPON.

A: TRUE
B: FALSE

Answer 3

A: TRUE

Question 4

A METAL KNUCKLE KNIFE means a weapon that, when closed, cannot function as a set of metal knuckles, nor as a knife, and when open can function as both a set of metal knuckles as well as a knife.

Please select and answer
A: TRUE
B: FALSE

Answer 4

A: See 265.00(5) P.L.

Question 5

An ANTIQUE FIREARM includes a pistol or revolver which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade.

A: TRUE
B: FALSE

Answer 5

B: IT MUST BE UNLOADED! See 265.00(14) P.L.

Question 6

An ANTIQUE FIREARM includes an unloaded pistol or revolver which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade.

A: TRUE
B: FALSE

Answer 6

A: See PL 265.00 (14)

Question 7

Before a firearm is considered “loaded,” bullets must actually be in the weapon.

A: TRUE
B: FALSE

Answer 7

B: It is also LOADED, if the bad guy has the firearm and the bullets in his possession.

Question 8

A person who possesses a WRIST-BRACE type slingshot or slungshot need not possess it with INTENT to use it unlawfully against another in order for the offense of Criminal Possession of a Weapon 4th Degree to arise.

A: TRUE
B: FALSE

Answer 8

A: It is one of a whole bunch of weapons listed in LONG LIST in Subd. 1, Section 265.01 P.L.

Question 9

A person who possesses a DAGGER may not be convicted of CRIMINAL POSSESSION OF A WEAPON 4TH DEGREE unless the element of INTENT TO USE IT UNLAWFULLY AGAINST ANOTHER is established.

A: TRUE
B: FALSE

Answer 9

A: It is in Subd. 2 of 265.01 P.L. (SHORT LIST). But remember, in the case of a DAGGER and most other weapons in Subd. 2, the INTENT is PRESUMED. There is no presumption of INTENT re: a RAZOR or an IMITATION PISTOL.

Question 10

Roger, who has a prior conviction for the Class A Misdemeanor of POSSESSION OF BURGLAR’S TOOLS is found in possession of a RIFLE. Roger may not properly be charged with a crime.

A: TRUE
B: FALSE

Answer 10

B: “Burglar’s Tools” is a “SERIOUS OFFENSE” by definition. The conviction removes Roger’s right to possess certain weapons.

Question 11

If Roger knowingly possesses an ARMOR PIERCING BULLET, he commits C.P.W. 4TH DEGREE even if he possesses it without unlawful intent.

A: TRUE
B: FALSE

Answer 11

B: The ARMOR PIERCING BULLET requires unlawful intent. EXPLOSIVE BULLET DOES NOT. Armor piercing is 2 words; unlawful intent is 2 words.

Question 12

A person who possesses an EXPLOSIVE or INCENDIARY BOMB commits a FELONY.

A: TRUE
B: FALSE

Answer 12

A: TRUE

Question 13

Roger, who has a prior conviction of RECKLESS DRIVING is found to be in possession of a BLUDGEON. Roger should be charged with CRIMINAL POSSESSION OF A WEAPON 3RD DEGREE, a Class D Felony.

A: TRUE
B: FALSE

Answer 13

A: RECKLESS DRIVING is a CRIME in the V.T.L. A person who has a prior conviction of any crime, any time, anywhere, commits C.P.W. 3RD DEGREE for any of the following 4th Degree offenses: 265.01, Subd. 1, 2, 5 P.L. (LONG/SHORT/ALIEN).

Question 14

Roger is arrested at his home by way of a TRAFFIC WARRANT. He is found to be in possession of a LOADED FIREARM. This possession amounts to a FELONY.

A: TRUE
B: FALSE

Answer 14

B: When the loaded firearm is at home or place of business, it is C.P.W. 4TH DEGREE (unless it is LONG/SHORT/SCHOOL/ALIEN OR AN ASSAULT WEAPON OR UNLAWFUL INTENT).

Question 15

A person who possesses 3 or more firearms commits CRIMINAL POSSESSION OF A WEAPON 3RD DEGREE.

A: TRUE
B: FALSE

Answer 15

A: See 265.02(5)(i) P.L. Used to be 20 - now it’s 3.

Question 16

A person who possesses a machine gun with intent to use it unlawfully against another commits CRIMINAL POSSESSION OF A WEAPON 1ST DEGREE.

A: TRUE
B: FALSE

Answer 16

B: It is 2nd Degree for a MACHINE GUN or DISGUISED GUN with unlawful intent.

Question 17

Tondelayo, age 15, is found to be in possession of an air gun. According to the Penal Law, she shall be adjudged a JUVENILE DELINQUENT.

A: TRUE
B: FALSE

Answer 17

A: This is an unfortunate section of law (265.05 P.L.) because possession of an air gun by an adult is not a crime

Question 18

Roger, age 16, knowingly possesses an air gun while attending classes at his high school. He does NOT have WRITTEN AUTHORIZATION from school authorities. Roger has committed a crime.

A: TRUE
B: FALSE

Answer 18

B: It is a VIOLATION. Please note that if Roger had been L.T. 16, he would be violating 265.05 P.L. and thus would be a J.D.

Question 19

If, while committing a Class C VIOLENT felony offense, Roger DISPLAYS what appears to be a firearm, he commits CRIMINAL USE OF A FIREARM 2ND DEGREE.

A: TRUE
B: FALSE

Answer 19

A: And note - this charge is in addition to any other charge that maybe applicable; e.g., Burglary, Robbery, etc. Furthermore, if the basic offense is a Class B Violent Felony, then it is Criminal Use of a Firearm 1st Degree. See also, 265.19 added 3/16/2013.

Question 20

Tondelayo, at gun point, forcibly reals property from Roger. In addition to a Robbery charge and a Weapon’s Possession charge, Tondelayo may also be charged with CRIMINAL USE OF A FIREARM 1ST DEGREE.

A: TRUE
B: FALSE

Answer 20

A: Look at 265.08 and 265.09 P.L. The CRIMINAL USE charge can be based on either of the following:
1. POSSESSING a deadly weapon, if it is a LOADED WEAPON from which a shot, etc., may be discharged,
OR
2. DISPLAYS what appears to be, etc.

Question 21

Any person who KNOWINGLY defaces any machine gun or firearm is guilty of a Class D Felony

A: TRUE
B: FALSE

Answer 21

A: See 265.10(6) P.L.

Question 22

The number of firearms required for the Class D Felony of CRIMINAL SALE OF A FIREARM 2ND DEGREE is 20 or more.

A: TRUE
B: FALSE

Answer 22

B: The number in 2nd Degree is 5 or more. 1st Degree requires 10 or more. Can aggregate over a year.

Question 23

Roger, age 17, solicits Tondelayo, age 15, to SELL a firearm to another person. Roger is guilty of the Class D Felony of CRIMINAL SALE OF A FIREARM WITH THE AID OF A MINOR

A: TRUE
B: FALSE

Answer 23

B: This is a BIG GUY/LITTLE GUY situation and requires OVER 18 and UNDER 16.

Question 24

The presence in any room, structure, dwelling, or vehicle of a MACHINE GUN is presumptive evidence of possession by all persons occupying the place where the machine gun is found, except if it is ON THE PERSON of one of the occupants.

A: TRUE
B: FALSE

Answer 24

B: There are NO exceptions.

Question 25

Roger and Tondelayo are in a STOLEN VEHICLE and Roger has a loaded firearm concealed on his person. Tondelayo is not presumed to possess the firearm.

A: TRUE
B: FALSE

Answer 25

B: There are NO exceptions in the case of a STOLEN VEHICLE.

Question 26

When certain weapons are found in a non-stolen automobile, the presumption of possession does not always arise.

A: TRUE
B: FALSE

Answer 26

A: To begin with, not all weapons are covered by the presumption. And, even with respect to those which are covered, there are exceptions; e.g.:

1. upon the person of one of the occupants
2. duly licensed hired driver, etc.
3. it’s a PISTOL or REVOLVER, and a person not present under duress has in his possession a valid license.

Question 27

Tondelayo sells a firearm to Roger who appears to be under 19 and is not licensed pursuant to law to possess the firearm. Tondelayo is guilty of CRIMINAL SALE OF A FIREARM TO A MINOR.

A: TRUE
B: FALSE

Answer 27

A: Note the age – “appears to be L.T. 19.”

Question 28

An ALIEN who possesses a RIFLE, SHOTGUN, or FIREARM for use while hunting, etc., and who is carrying a valid hunting license, etc., is EXEMPT from the possession section of Article 265 P.L.

A: TRUE
B: FALSE

Answer 28

B: NOT A FIREARM. He is exempt re: RIFLE, SHOTGUN, or LONGBOW.

Question 29

Possession of a SWITCHBLADE or GRAVITY KNIFE for use while hunting, etc., by a person who is carrying a valid hunting, etc., license, makes the person EXEMPT from the provisions of Article 265 P.L. re: that knife.

A: TRUE
B: FALSE

Answer 29

A: How about the non-citizen? He is also included in this exemption.
NOTE: The SPECIFIC ALIEN EXEMPTION in #28 is required because citizens don’t violate the law while in possession of a RIFLE, SHOTGUN, or LONGBOW.

Question 30

If a LOADED FIREARM is found on the person of an occupant of a STOLEN VEHICLE all other persons in the vehicle at the time are presumed to be in possession of the weapon.

A: TRUE
B: FALSE

Answer 30

A: When weapons are found in a STOLEN VEHICLE, there are NO EXCEPTIONS to the presumption of possession.

Question 31

A person who possesses an ASSAULT WEAPON or a DISGUISED GUN commits a felony.

A: TRUE
B: FALSE

Answer 31

A: Also if he possesses a LARGE CAPACITY AMMO FEEDING DEVICE (more than 10 rounds). REMEMBER the 3/16/2013 AMENDMENTS.

Question 32

Roger is a person who, in 2002, was convicted of the felony of Unlawfully Concealing a Will. He decides to take up hunting and purchases a rifle. One of his close friends, P.O. Mullins, tells Roger that he is not permitted to possess a rifle. Roger says, “Mind your own business. I’m just going to use it for hunting.” P.O. Mullins says, “Like hell you are. You’re under arrest.”

Based on the above facts, Roger has committed

A: no offense.
B: a Class A Misdemeanor.
C: a Class E Felony.
D: a Class D Felony.

Answer 32

B: This is Criminal Possession of a Weapon 4th Degree. See 265.01, Subd. 4.

Question 33

A person who possesses a firearm unlawfully with intent to sell it commits

A: Criminal Possession of a Weapon 3rd Degree.
B: Criminal Sale of a Firearm 3rd Degree.
C: Criminal Sale of a Firearm 2nd Degree.
D: Criminal Use of a Firearm 1st Degree.

Answer 33

B: See 265.11, Subd. (2). Note that this would also amount to Criminal Possession of a Weapon 4th Degree. See also 265.12 and 265.13 where the number of firearms for SALE 2ND DEGREE was reduced from 10 or more to 5 or more, and for SALE 1ST DEGREE was reduced from 20 or more to 10 or more. Conceptually, the number sold, etc., can be AGGREGATED over a period of not more than ONE YEAR.

Question 34

Roger and Tondelayo are both riding in a vehicle which they have stolen. Roger has concealed upon his person a loaded firearm. Tondelayo has concealed upon her person 1/2 ounce of heroin. P.O. Mullins stops the automobile when it runs a red light, determines that it is stolen, and arrests Roger and Tondelayo. In a search incident to the arrest, the firearm and the heroin are discovered.

Based on these facts, evaluate the following statements.
1. Both Roger and Tondelayo may be charged with Possession of a Loaded Firearm and the heroin.

2. The 1/2 ounce of heroin would support a charge of Criminal Possession of a Controlled Substance 2nd Degree.
3. The loaded firearm would support a charge of Criminal Possession of a Weapon 2nd Degree.

A: #1, #2 and #3 are correct
B: Only #1 and #3 are correct
C: Only #2 and #3 are correct
D: Only #3 is correct

Answer 34

D: A TOUGH QUESTION.
Re: #1, they may both be charged with the firearm, but NOT the heroin. Look at 265.15, Subd. 2 and compare it with 220.25, Subd. 1. With respect to weapons in a STOLEN VEHICLE, there are no exceptions. No such concept exists re: controlled substances.

Re: #2, 1/2 ounce or more is for SALE 2ND DEGREE. Possession 2nd Degree is 4 ounces or more. Remember, POSSESSION amounts for 1st Degree or 2nd Degree were increased years ago.

Re: #3, it is Possession 2nd Degree.

Question 35

Any person hunting with a dangerous weapon in any county wholly embraced within the territorial limits of a city is guilty of a

A: Class E Felony.
B: Class A Misdemeanor.
C: Class B Misdemeanor.
D: Violation.

Answer 35

B: See 265.35, Subd. 1 P.L.

Question 36

Roger willfully shoots a bullet from a loaded gun at a motor vehicle going north on the Sprain Parkway, thereby endangering the occupants of the vehicle.

Based on these facts, Roger has committed

A: a Class D Felony.
B: a Class E Felony.
C: Reckless Endangerment 1st Degree.
D: Attempted Assault 1st Degree.

Answer 36

A: Look at 265.35, Subd. 2. This is PROHIBITED USE OF A WEAPON.

Question 37

Roger maims Tondelayo by the discharge of a firearm which was pointed at Tondelayo INTENTIONALLY but without malice.

Based on these facts, Roger has committed

A: Assault 1st Degree, a Class C Felony.
B: Reckless Endangerment 1st Degree, a Class D Felony
C: Assault 2nd Degree, a Class D Felony.
D: Prohibited Use of Weapons, a Class A Misdemeanor.

Answer 37

D: Believe it or not!

Question 38

Frank, George, and Otto, an alien from Germany, are deer hunting in New York State. Each has a proper license issued pursuant to Section 11-0713 of the Environmental Conservation Law. All three are hunting with longbows, and each has a switchblade knife to be used to dress any deer they might kill.

Based on the above, the statement below which is not correct is:

A: Frank is exempt from the provisions of Article 265 re: the switchblade knife
B: George is exempt from the provisions of Article 265 re: the switchblade knife.
C: Otto is not exempt from the provisions of Article 265 re: the switchblade knife.
D: Otto is exempt from the provisions of Article 265 re: the longbow.

Answer 38

C: Look at 265.20, Subd. 4 and Subd. 6 P.L.
Subd. 4 exempts ALIENS re: RIFLE, SHOTGUN, LONGBOW.
Subd. 6 exempts PERSONS re: SWITCHBLADE OR GRAVITY KNIFE.
PROBLEM: Is the ALIEN included under Subd. 6? The answer is YES. Some years ago ALIENS began to be issued hunting licenses but the law didn’t permit them to possess a rifle, shotgun, or a longbow, so a SPECIAL exemption had to be constructed for them. All persons are covered under the Subd. 6 exemption re: SWITCHBLADE OR GRAVITY KNIFE.
C: Look at 265.20, Subd. 4 and Subd. 6 P.L.
Subd. 4 exempts ALIENS re: RIFLE, SHOTGUN, LONGBOW.
Subd. 6 exempts PERSONS re: SWITCHBLADE OR GRAVITY KNIFE.
PROBLEM: Is the ALIEN included under Subd. 6? The answer is YES. Some years ago ALIENS began to be issued hunting licenses but the law didn’t permit them to possess a rifle, shotgun, or a longbow, so a SPECIAL exemption had to be constructed for them. All persons are covered under the Subd. 6 exemption re: SWITCHBLADE OR GRAVITY KNIFE.