Possessing a Weapon on School Grounds Unlawfully: New York Penal Code § 265.06

Possessing a weapon on school grounds unlawfully is a violation and not a crime. The definition of a weapon is broad and can refer to several different types of guns, such as spring guns and air guns, also known as BB guns or pellet guns. Nonetheless, having weapons at a school is breaking the law. If a person is sixteen years of age or order, and the following circumstances are all present, the person is in violation of NY Penal Code 265.06:

1. Does not have written authorization from the educational institution to possess a weapon,
2. Is on the premises of an educational facility, university, college, or school, and
3. Has in their possession a spring gun, an air gun, or a weapon that is powered by a CO2, piston, air, or spring cartridge.

Suppose two eighteen year old boys were at the far end of a college campus in an open field that was next to the county forest. They were shooting tin cans off of a fence with BB guns. The college security guards noticed the two boys and called the police who arrived to arrest the teenagers. Based on the facts given, it was unclear whether the teenagers were on college property or county property. If the teenagers were on college property, they may be found in violation of Penal Code 265.06; however, if the teenagers were on county property, they would not be found in violation of Penal Code 265.06.

Weapon did not fit the specific description. In the State of New York, if the weapon was not one in which a CO2, spring, air, or piston cartridge was the propelling force, then violation of this code would not apply. The code specifically refers to weapons that are powered by such propellants.

Other lines of defense. An additional line of defense would be to challenge any of the evidence presented by the prosecuting attorney in an attempt to undermine the prosecuting attorney’s case. Seasoned defense attorneys who have been involved in many weapons cases have an extensive repertoire of proven strategies to help protect the interests of clients charged with various types of weapons possession offenses.

Imprisonment. Possessing a weapon on school grounds unlawfully is a violation that is penalized by no more than fifteen days in jail. As this violation is not a crime, a conviction for this violation would not be listed in your criminal record.

To reiterate, a person is guilty of possessing a weapon on school grounds unlawfully when that person:

1. Does not have written authorization from the educational institution to possess a weapon,
2. Is on the premises of an educational facility, university, college, or school, and
3. Has in their possession a spring gun, an air gun, or a weapon that is powered by a CO2, piston, air, or spring cartridge.

To effectively defend against a charge of possessing a weapon on school grounds unlawfully, it is important to receive legal counsel from a reputable and capable defense attorney firm that is known for successfully protecting clients’ interests.

The Barry C. Weiss P.C. law firm aggressively defends persons charged with possessing a weapon on school grounds unlawfully, as well as other weapons and firearm violations, misdemeanors and felony crimes in the State of New York, including criminal possession of a firearm, criminal possession of a weapon, and criminal sale of a firearm. The Elliot Adler PC law firm has teams of highly skilled and knowledgeable attorneys who are committed to providing the best defense possible for the clients, mounting defenses designed to result in reduced or dropped charges.

We can be reached at (212) 785-1300 or newyorkcriminallawyer24-7.com to schedule a no-obligation, free legal consultative meeting to evaluate your case.

For additional information, refer to the following sections of the New York Penal Code:

1. Criminal weapon possession on school grounds: § 265.01-a
2. First degree criminal firearm sale: § 265.13