265.01 - Criminal possession of a weapon in the fourth degree.

§ 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:    (1) 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    (2) 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    (3) He or she knowingly has in his or her possession a rifle,  shotgun  or  firearm  in  or  upon  a  building  or grounds, used for educational  purposes, of any school, college  or  university,  except  the  forestry  lands, wherever located, owned and maintained by the State University of  New York college of environmental science and forestry, or upon a school  bus  as  defined  in  section  one  hundred forty-two of the vehicle and  traffic law, without  the  written  authorization  of  such  educational  institution; or    (4) He possesses a rifle or shotgun and has been convicted of a felony  or serious offense; or    (5)  He  possesses any dangerous or deadly weapon and is not a citizen  of the United States; or    (6) 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of such police  department,  or  state  police,  and  there retained until the aforesaid certificate has been rescinded by the  director  or  physician in charge, or other disposition of such rifle or  shotgun  has  been  ordered  or  authorized  by  a  court  of  competent 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.    (7)  He knowingly possesses a bullet containing an explosive substance  designed to detonate upon impact.    (8) He possesses any armor piercing ammunition with intent to use  the  same unlawfully against another.    Criminal  possession  of  a  weapon  in the fourth degree is a class A  misdemeanor.