NY · jury_instructions
CJI2d[NY] Penal Law § 265.02(6)
CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE (Possession of Disguised Gun)
The (specify) count is Criminal Possession of a Weapon in the Third Degree.
Under our law, a person is guilty of Criminal Possession of a Weapon in the Third Degree when that person knowingly³ possesses any disguised gun.
The following terms used in that definition have a special meaning:
DISGUISED GUN means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be either: (a) something other than a gun; or (b) a toy gun that shall include, but not be limited to, any firearm, rifle, shotgun or machine-gun displaying a color finish other than the original manufacture color, a decorative pattern or plastic like surface.⁴
POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.⁵
A person KNOWINGLY possesses a disguised gun when that person is aware that he or she is in possession of such a disguised gun.⁶
In order for you to find the defendant guilty of this crime, the People are required to prove, from all 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 disguised gun;
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.
History
Caption: CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE (Possession of Disguised Gun) Penal Law § 265.02(6) (Committed on or after November 1, 2021) (Revised May 2022). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
f8ffb1dd0d7eca6972e53c90c9d0d76164e3147be82dd48e8f7f791332e886ab
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