NY Penal Law § 265.05: Unlawful possession of a weapon upon school grounds

Under New York's weapons statute, the definition of weapon is broad and encompasses several different types of guns such as air guns and spring guns. It is against the law to have such weapons at a school. You would have violated New York Penal Code § 265.05 if you are age 16 or older and you:

1. Knowingly possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge,
2. Are on the property of a school, college, university or other educational facility, and
3. Do not have the written authorization of that such educational institution

Air guns are commonly referred to as BB guns or pellet guns.

A couple of teens were at the far end of an open field on a campus of a university. The field bordered a forest owned by the county. The teens were using BB guns to shoot at tin cans. The university security guards called the police who arrested the teens. Based on these facts it is unclear if the teens violated the unlawful possession of a weapon upon school grounds statute. If the teens were 16 years old or older, and if they were actually on the university's property and not on county property, then they would have violated the statute.

1. Criminal possession of a weapon on school grounds: New York Penal Code § 265.01-a
2. Criminal sale of a firearm in the first degree: New York Penal Code § 265.13

The unlawful possession of a weapon upon school grounds statute is very specific about the type of weapon that is prohibited. If the type of weapon is not one in which the propelling force is a spring, air, piston or CO2 cartridge, then you did not violate this statute.

Unlawful possession of a weapon on school grounds is a violation. This means that your sentence will be no more than 15 days in jail. Because a violation is not a crime, a conviction will not end up on your criminal record.

It shall be unlawful for any person age sixteen or older to knowingly possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge in or upon a building or grounds, used for educational purposes, of any school, college or university, without the written authorization of such educational institution.

If you are charged with unlawful possession of a weapon on school grounds, you should take it seriously even though is classified as a violation and not a misdemeanor or felony. If you are charged with unlawful possession of a weapon on school grounds, the prosecutor may choose to charge you with other offenses that are indeed misdemeanors of felonies. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with gun crimes, grand larceny, white collar crimes, and other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.