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N.Y. PEN Law § 265.15

This is the official text of N.Y. PEN Law § 265.15, part of New York’s Penal Law — defines crimes and punishments in New York.

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Presumptions of possession, unlawful intent and defacement

Official statutory text

§ 265.15 Presumptions of possession, unlawful intent and defacement.\n 1. The presence in any room, dwelling, structure or vehicle of any\nmachine-gun is presumptive evidence of its unlawful possession by all\npersons occupying the place where such machine-gun is found.\n 2. The presence in any stolen vehicle of any weapon, instrument,\nappliance or substance specified in sections 265.01, 265.02, 265.03,\n265.04 and 265.05 is presumptive evidence of its possession by all\npersons occupying such vehicle at the time such weapon, instrument,\nappliance or substance is found.\n 3. The presence in an automobile, other than a stolen one or a public\nomnibus, of any firearm, large capacity ammunition feeding device,\ndefaced firearm, defaced rifle or shotgun, defaced large capacity\nammunition feeding device, firearm silencer, explosive or incendiary\nbomb, bombshell, switchblade knife, pilum ballistic knife, metal knuckle\nknife, dagger, dirk, stiletto, billy, blackjack, plastic knuckles, metal\nknuckles, chuka stick, sandbag, sandclub or slungshot is presumptive\nevidence of its possession by all persons occupying such automobile at\nthe time such weapon, instrument or appliance is found, except under the\nfollowing circumstances: (a) if such weapon, instrument or appliance is\nfound upon the person of one of the occupants therein; (b) if such\nweapon, instrument or appliance is found in an automobile which is being\noperated for hire by a duly licensed driver in the due, lawful and\nproper pursuit of his or her trade, then such presumption shall not\napply to the driver; or (c) if the weapon so found is a pistol or\nrevolver and one of the occupants, not present under duress, has in his\nor her possession a valid license to have and carry concealed the same.\n 4. The possession by any person of the substance as specified in\nsection 265.04 is presumptive evidence of possessing such substance with\nintent to use the same unlawfully against the person or property of\nanother if such person is not licensed or otherwise authorized to\npossess such substance. The possession by any person of any dagger,\ndirk, stiletto, dangerous knife or any other weapon, instrument,\nappliance or substance designed, made or adapted for use primarily as a\nweapon, is presumptive evidence of intent to use the same unlawfully\nagainst another.\n 5. The possession by any person of a defaced machine-gun, firearm,\nrifle or shotgun is presumptive evidence that such person defaced the\nsame.\n 6. The possession of three or more firearms by any person is\npresumptive evidence that such person possessed the firearms with the\nintent to sell same.\n

Status: in_force · Read it on the official government site

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