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New York statute

N.Y. Penal Law § 265.08 — Criminal use of a firearm in the second degree

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 § 265.08

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 § 265.08Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
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.

Official sources

Legal terms used in this section

Questions this section answers

What class of felony is criminal use of a firearm in the second degree in New York?

Criminal use of a firearm in the second degree is a Class C Felony in New York under N.Y. Penal Law § 265.08.

Which New York statute covers criminal use of a firearm in the second degree?

Criminal use of a firearm in the second degree is governed by N.Y. Penal Law § 265.08 (Criminal use of a firearm in the second degree).

This reference is informational and is not legal advice.