Penal Law § 265.08 · Article 265. Firearms and Other Dangerous Weapons
Criminal use of a firearm in the second degree
Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
§ 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.
Source of truth
- Edition
- Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/PEN265.08
- Text hash
- sha256 9bc2d52b63ab50b948751a67fafe2e5d4d012c9c846c61675b120510ec97d563
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.