New York statute
N.Y. Penal Law § 265.15 — Presumptions of possession, unlawful intent and defacement
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 265: Firearms and Other Dangerous Weapons, New York Penal Law.
Full text of N.Y. Penal Law § 265.15
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
265.15 Presumptions of possession, unlawful intent and defacement.
1. The presence in any room, dwelling, structure or vehicle of any
machine-gun is presumptive evidence of its unlawful possession by all
persons occupying the place where such machine-gun is found.
2. The presence in any stolen vehicle of any weapon, instrument,
appliance or substance specified in sections 265.01, 265.02, 265.03,
265.04 and 265.05 is presumptive evidence of its possession by all
persons occupying such vehicle at the time such weapon, instrument,
appliance or substance is found.
3. The presence in an automobile, other than a stolen one or a public
omnibus, of any firearm, large capacity ammunition feeding device,
defaced firearm, defaced rifle or shotgun, defaced large capacity
ammunition feeding device, firearm silencer, explosive or incendiary
bomb, bombshell, switchblade knife, pilum ballistic knife, metal knuckle
knife, dagger, dirk, stiletto, billy, blackjack, plastic knuckles, metal
knuckles, chuka stick, sandbag, sandclub or slungshot is presumptive
evidence of its possession by all persons occupying such automobile at
the time such weapon, instrument or appliance is found, except under the
following circumstances: (a) if such weapon, instrument or appliance is
found upon the person of one of the occupants therein; (b) if such
weapon, instrument or appliance is found in an automobile which is being
operated for hire by a duly licensed driver in the due, lawful and
proper pursuit of his or her trade, then such presumption shall not
apply to the driver; or (c) if the weapon so found is a pistol or
revolver and one of the occupants, not present under duress, has in his
or her possession a valid license to have and carry concealed the same.
4. The possession by any person of the substance as specified in
section 265.04 is presumptive evidence of possessing such substance with
intent to use the same unlawfully against the person or property of
another if such person is not licensed or otherwise authorized to
possess such substance. The possession by any person of any dagger,
dirk, stiletto, dangerous knife or any other weapon, instrument,
appliance or substance designed, made or adapted for use primarily as a
weapon, is presumptive evidence of intent to use the same unlawfully
against another.
5. The possession by any person of a defaced machine-gun, firearm,
rifle or shotgun is presumptive evidence that such person defaced the
same.
6. The possession of three or more firearms by any person is
presumptive evidence that such person possessed the firearms with the
intent to sell same.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.