Possessing Weapons by Persons Under Sixteen Unlawfully: New York Penal Code § 265.05

New York Penal Code 265.05 is one of the laws that is intended to keep weapons out of the hands of minors or persons less than the age of sixteen. It is illegal for persons under the age of sixteen to have in their possession any of the following:

1. Air gun
2. Spring gun
3. Ammunition
4. Cartridges that are loaded or blank
5. Any gun that can use cartridges that are loaded or blank
6. Any knife that is dangerous

Suppose a fifteen year old boy was on the sidewalk holding a machete that was not in a sheath. The boy was waving the machete in the air when a police officer drove by and stopped to investigate. The police officer arrested the boy for possessing a weapon by a person under the age of sixteen and fourth degree criminal possession of a weapon. The young boy was driven to the sheriff’s office and placed under detention while the boy’s parents were contacted.

Weapon did not fall under the specific definition. In the State of New York, if the object in the possession of the person under the age of sixteen does not meet the statute’s definition of a dangerous weapon, then the prosecuting attorney’s case would be weakened. Certainly, knives such as daggers or stilettos are considered dangerous; however, knives that are utility instruments, such as butter knives, would not be considered dangerous weapons ordinarily.

Other lines of defense. An additional defensive approach would be to challenge any of the evidence presented by the prosecuting attorney and attempt to undermine the prosecuting attorney’s case. Seasoned defense attorneys who have been involved in many weapons cases have extensive experience with circumstantial evidence and other case elements that may be used to help protect the interests of clients charged with various types of weapons possession offenses.

Juvenile delinquent. A person under the age of sixteen found guilty of unlawfully possessing a weapon will be treated as a juvenile delinquent and penalized in accordance with the law, appropriately fitting the crime.

To recap, a person under the age of sixteen is guilty of possessing weapons by persons under sixteen unlawfully when that person has in their possession any:

1. Air gun
2. Spring gun
3. Ammunition
4. Cartridges that are loaded or blank
5. Any gun that can use cartridges that are loaded or blank
6. Any knife that is dangerous

If the weapon is one that is used for legal hunting or other activities that are governed by article eleven of the environmental conservation law and is used in compliance with that law, then Code § 265.05 does not apply.

To effectively defend against a charge of possessing weapons by persons under sixteen unlawfully, it is important to obtain legal advice from a knowledgeable and dedicated defense attorney firm with a reputation for successfully protecting clients’ interests.

The Barry C. Weiss P.C. law firm ardently defends persons charged with possessing weapons by persons under sixteen 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 experienced lawyers who are committed to providing a strong defense to protect and serve the best interests of clients, mounting defenses designed to reduce or force dismissal of 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. Unlawfully possessing a weapon while on school grounds: § 265.06