N.Y. PEN Law § 265.08
This is the official text of N.Y. PEN Law § 265.08, part of New York’s Penal Law — defines crimes and punishments in New York.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Criminal use of a firearm in the second degree
Official statutory text
§ 265.08 Criminal use of a firearm in the second degree.\n A person is guilty of criminal use of a firearm in the second degree\nwhen he commits any class C violent felony offense as defined in\nparagraph (b) of subdivision one of section 70.02 and he either:\n (1) possesses a deadly weapon, if the weapon is a loaded weapon from\nwhich a shot, readily capable of producing death or other serious injury\nmay be discharged; or\n (2) displays what appears to be a pistol, revolver, rifle, shotgun,\nmachine gun or other firearm.\n Criminal use of a firearm in the second degree is a class C felony.\n
Status: in_force · Read it on the official government site
Dealing with a criminal defense matter in New York?
See all New York Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.