NY State — NY Penal Law

§ 265.08 — Criminal use of a firearm in the second degree

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

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What is NY PL § 265.08?

Quick Answer

A person is guilty of criminal use of a firearm in the second degree when he commits any class C violent felony offense as defined in paragraph (b) of subdivision one of section 70.02 and he either: (1) possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or

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§ 265.08 Criminal use of a firearm in the second degree

PL § 265.08

§ 265.08 Criminal use of a firearm in the second degree.

A person is guilty of criminal use of a firearm in the second degree when he commits any class C violent felony offense as defined in paragraph (b) of subdivision one of section 70.02 and he either:

(1)possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or

(2)displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.

Criminal use of a firearm in the second degree is a class C felony.

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