Criminal Use of a Firearm in the Second Degree.

  1. Law
  2. New York Laws
  3. Penal
  4. Specific Offenses
  5. Offenses Against Public Safety
  6. Firearms and Other Dangerous Weapons
  7. Criminal Use of a Firearm in the Second Degree.

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§ 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.


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