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New York statute

N.Y. Penal Law § 265.35 — Prohibited use of weapons

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.

Criminal charges under this statute

Full text of N.Y. Penal Law § 265.35

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.

N.Y. Penal Law § 265.35Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
265.35 Prohibited use of weapons. 1. Any person hunting with a dangerous weapon in any county wholly embraced within the territorial limits of a city is guilty of a class A misdemeanor. 2. Any person who wilfully discharges a loaded firearm or any other gun, the propelling force of which is gunpowder, at an aircraft while such aircraft is in motion in the air or in motion or stationary upon the ground, or at any railway or street railroad train as defined by the public service law, or at a locomotive, car, bus or vehicle standing or moving upon such railway, railroad or public highway, is guilty of a class D felony if thereby the safety of any person is endangered, and in every other case, of a class E felony. 3. Any person who, otherwise than in self defense or in the discharge of official duty, (a) wilfully discharges any species of firearms, air-gun or other weapon, or throws any other deadly missile, either in a public place, or in any place where there is any person to be endangered thereby, or, in Putnam county, within one-quarter mile of any occupied school building other than under supervised instruction by properly authorized instructors although no injury to any person ensues; (b) intentionally, without malice, points or aims any firearm or any other gun, the propelling force of which is gunpowder, at or toward any other person; (c) discharges, without injury to any other person, firearms or any other guns, the propelling force of which is gunpowder, while intentionally without malice, aimed at or toward any person; or (d) maims or injures any other person by the discharge of any firearm or any other gun, the propelling force of which is gunpowder, pointed or aimed intentionally, but without malice, at any such person, is guilty of a class A misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

How is prohibited use of weapons classified in New York?

It depends on the circumstances: prohibited use of weapons ranges from a Class A Misdemeanor to a Class D Felony in New York under N.Y. Penal Law § 265.35.

Hunting with dangerous weapon in city county: Class A Misdemeanor (N.Y. Penal Law § 265.35) · Discharging firearm at train/aircraft/vehicle endangering safety: Class D Felony (N.Y. Penal Law § 265.35) · Discharging firearm at train/aircraft/vehicle without endangerment: Class E Felony (N.Y. Penal Law § 265.35) · Reckless discharge or pointing of firearm endangering others: Class A Misdemeanor (N.Y. Penal Law § 265.35)

Which New York statute covers prohibited use of weapons?

Prohibited use of weapons is governed by N.Y. Penal Law § 265.35 (Prohibited use of weapons).

This reference is informational and is not legal advice.