CJI2d[NY] Penal Law § 265.01 (1) (Possesses a weapon other than a firearm or knife)

(Committed on or after as follows:

September 1, 1974 [ch 1041] for: cane sword; billy; blackjack; bludgeon; metal knuckles; chuka stick; sandbag; sandclub; slungshot.

September 1, 1976 [ch 217] for: electric dart gun

September 1, 1982 [ch 840] for: shirken or “Kung Fu star”

September 1, 1983 [ch 621] for: wrist-brace type slingshot

November 1, 1990 [ch 264] for: electric stun gun

November 1, 2008 [ch 257] for: plastic knuckles)

(Revised Dec. 2022)¹

The (specify) count is Criminal Possession of a Weapon in the Fourth Degree.

Under our law, a person is guilty of Criminal Possession of a Weapon in the Fourth Degree when that person knowingly² possesses any

Select appropriate alternative:

electronic dart gun

electronic stun gun

cane sword

billy

blackjack

bludgeon

plastic knuckles

metal knuckles

chuka stick

sand bag

sandclub

wrist-brace type slingshot or slungshot

shirken

Kung Fu star

The following terms used in that definition have a special meaning:

Select appropriate weapon to define:

An ELECTRONIC DART GUN means any device designed primarily as a weapon, the purpose of which is to momentarily stun, knock out or paralyze a person by passing an electrical shock to such person by means of a dart or projectile.³

An ELECTRONIC STUN GUN means any device designed primarily as a weapon, the purpose of which is to stun, cause mental disorientation, knock out or paralyze a person by passing a high voltage electrical shock to such person.⁴

A CANE SWORD means a cane or swagger stick having concealed within it a blade that may be used as a sword or stiletto.⁵

A BILLY means a cylindrical or rounded, rigid, club or baton with a handle grip which, from its appearance and inherent characteristics, is designed to be used as a striking weapon and not for other lawful purposes. A billy may be of fixed length, or collapsible or extendable or made of any type of material.⁶

METAL KNUCKLES means a metal object with multiple holes, through which an individual places his or her fingers so that a metal bar rests atop the individual's knuckles.⁷

A CHUKA STICK means any device designed primarily as a weapon, consisting of two or more lengths of a rigid material joined together by a thong, rope or chain in such a manner as to allow free movement of a portion of the device while held in the hand and capable of being rotated in such a manner as to inflict serious injury upon a person by striking or choking. These devices are also known as nunchakus and centrifugal force sticks.⁸

A SLUNGSHOT is a striking weapon consisting of a small mass of metal or stone fixed on a flexible handle or strap.⁹

A KUNG FU STAR means a disc-like object with sharpened points on the circumference thereof and is designed for use primarily as a weapon to be thrown.¹⁰

POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.¹¹

A person KNOWINGLY possesses (specify) when that person is aware that he or she is in possession of an object that is (specify). That person need not know (that is, be aware of) the object’s name or that it meets the legal definition of (specify).¹²

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, both of the following two elements:

1. That on or about (date), in the County of (County), the defendant, (defendant's name), possessed a (specify); and

2. That the defendant did so knowingly;

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.