NY Penal Law § 265.35: Prohibited Use of Weapons

NY Penal Law § 265.35: Prohibited Use of Weapons

There are specific provisions under New York law regarding firing a gun under certain circumstances. It is against the law under New York Penal Code § 265.35 to:

• Hunt using a dangerous weapon near a city
• Discharge a firearm aimed at an aircraft or a train
• Discharge a weapon in a public location
• Point a firearm at another individual
• Discharge a firearm while it is pointed at another individual
• Maim or injure another individual by discharging a firearm

For Example

At the stroke of midnight on New Year’s Day, a man fires shots with his firearm in the air as a part of his New Year’s Day celebration. Although he did not point the firearm at anyone, this man could face prosecution for prohibited use of weapons on the basis of the fact that he discharged a weapon in a public location.

Offenses that are Related

Criminal sale of a firearm in the first degree: New York Penal Code § 265.13

Criminal possession of a weapon on school grounds: New York Penal Code § 265.01-a

Possible Defenses

The possible defenses to a charge of prohibited use of weapons on the basis of discharging a weapon in a public place or pointing a firearm at another person would be that you were doing so in self-defense or in the execution of your official duties.

The Sentence

In the event that you are convicted of prohibited use of weapons, what sentence you receive will be dependent upon the particular prohibited use you were engaged in.

1. Hunting using a dangerous weapon near a city is a class A misdemeanor. Up to 1 year in jail
2. Discharging a firearm aimed at an aircraft or a train is a class E felony. Up to 4 years in prison;
3. Discharging a firearm aimed at an aircraft or a train and someone’s life is endangered in the act.  This is a class D felony. Up to 7 years in prison.
4. Discharging a weapon in a public location is a class A misdemeanor. Up to 1 year in jail
5. Pointing a firearm at another person is a class A misdemeanor. Up to 1 year in jail
6. Discharging a firearm while it is pointed at another individual is a class A misdemeanor. Up to 1 year in jail
7. Maiming or injuring another individual by discharging a firearm is a class A misdemeanor. Up to 1 year in jail