Criminal Possession of a Weapon in the Fourth Degree by Knowingly Possessing a Firearm
In New York, a prosecutor must prove three things beyond a reasonable doubt to convict a person of criminal possession of weapon in the fourth degree for having possessed a firearm: 1.The person possessed a firearm, 2.The person did so knowingly; and 3.The firearm was operable. (CJI -Possession of Firearm)
New York Penal Law defines a firearm as any pistol or revolver; any shotgun with one or more barrels shorter than eighteen inches; any rifle with one or more barrels shorter than sixteen inches; any rifle or shotgun shorter than twenty- six inches; or any assault weapon. [PL§ 265.00(3)] A list of assault weapons can be found in New York Penal Law §265.00(22).
A person possesses a firearm by having it in their physical possession or by having it under their dominion and control. (CJI -Possession of Firearm) A person knowingly possesses a firearm if they are aware that it is in their possession. (CJI -Possession of Firearm)
A firearm is considered to be operable so long as it is able to fire ammunition. (CJI -Possession of Firearm) It need not be loaded to be considered operable.(CJI -Possession of Firearm)
Criminal possession of a weapon in the fourth degree is a class A misdemeanor.
