New York criminal charge
Prohibited use of weapons in New York
Current through 2026 New York legislative session
Prohibited use of weapons is a criminal offense under New York law, defined by N.Y. Penal Law § 265.35. Its classification is not fixed: New York assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.Y. Penal Law § 265.35.
What is the penalty for prohibited use of weapons in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Hunting with dangerous weapon in city county — A person hunts with a dangerous weapon in a county wholly within the territorial limits of a city.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Hunting with dangerous weapon in city county — A person hunts with a dangerous weapon in a county wholly within the territorial limits of a city.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 7 years (Discharging firearm at train/aircraft/vehicle endangering safety — A person willfully discharges a loaded firearm or gunpowder weapon at an aircraft, train, locomotive, car, bus or vehicle and thereby endangers the safety of a person.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Discharging firearm at train/aircraft/vehicle endangering safety — A person willfully discharges a loaded firearm or gunpowder weapon at an aircraft, train, locomotive, car, bus or vehicle and thereby endangers the safety of a person.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 4 years (Discharging firearm at train/aircraft/vehicle without endangerment — A person willfully discharges a loaded firearm or gunpowder weapon at an aircraft, train, locomotive, car, bus or vehicle in circumstances not endangering the safety of a person.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 1½–4 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Discharging firearm at train/aircraft/vehicle without endangerment — A person willfully discharges a loaded firearm or gunpowder weapon at an aircraft, train, locomotive, car, bus or vehicle in circumstances not endangering the safety of a person.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 364 days (Reckless discharge or pointing of firearm endangering others — A person, other than in self defense or official duty, discharges or points a firearm in a public place, near a person, or maims/injures another person by such discharge without malice.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Reckless discharge or pointing of firearm endangering others — A person, other than in self defense or official duty, discharges or points a firearm in a public place, near a person, or maims/injures another person by such discharge without malice.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
Applies to current.
How is prohibited use of weapons classified in New York?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Hunting with dangerous weapon in city county | Class A Misdemeanor | A person hunts with a dangerous weapon in a county wholly within the territorial limits of a city. | N.Y. Penal Law § 265.35undefined |
| Discharging firearm at train/aircraft/vehicle endangering safety | Class D Felony | A person willfully discharges a loaded firearm or gunpowder weapon at an aircraft, train, locomotive, car, bus or vehicle and thereby endangers the safety of a person. | N.Y. Penal Law § 265.35undefined |
| Discharging firearm at train/aircraft/vehicle without endangerment | Class E Felony | A person willfully discharges a loaded firearm or gunpowder weapon at an aircraft, train, locomotive, car, bus or vehicle in circumstances not endangering the safety of a person. | N.Y. Penal Law § 265.35undefined |
| Reckless discharge or pointing of firearm endangering others | Class A Misdemeanor | A person, other than in self defense or official duty, discharges or points a firearm in a public place, near a person, or maims/injures another person by such discharge without malice. | N.Y. Penal Law § 265.35undefined |
Common questions about prohibited use of weapons in New York
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)
What are the penalties for prohibited use of weapons in New York?
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).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.