New York Penal Law § 265.01-A – Criminal Possession of a Weapon on School Grounds

Criminal Possession of a Weapon on School Grounds is a crime that prohibits individuals from bringing guns into educational institutions, including public and private schools, colleges and universities. The crime also prohibits carrying guns onto a school bus. Criminal Possession of a Weapon on School Grounds is codified in New York Penal Law § 265.01-A (formerly § 265.01(3)) and is a Class E Felony.

Before a judge or jury can convict anyone of any crime, the government must prove each element of the offense beyond a reasonable doubt. The elements of Criminal Possession of a Weapon on School Grounds are:

1. The defendant possessed a shotgun, rifle or firearm in a school bus or any property belonging to a school, college or university;
2. The defendant knowingly possessed the weapon;
3. The weapon was operable; and
4. The defendant was not in forestry lands maintained by the State University of New York college of environmental science and forestry.

The fourth element may sound odd; however, the reason it is included as an element is because § 265.01-A specifically carves out an exception related to the possession of a shotgun, rifle or firearm on the State University of New York college of environmental science and forestry.

There are many ways one can violate New York’s law against possessing guns on school grounds, including:

• A bus driver brings a firearm onto a school bus;
• A teacher keeps a handgun in their desk drawer at school; and
• A student leaves a shotgun in the back of their truck while attending college classes.

Often, prosecutors bring Criminal Possession of a Weapon on School Grounds charges along with other similar charges, including the following:

• Unlawful possession of a weapon upon school grounds - N.Y. Penal Law § 265.06
• Unlawful possession of weapons by persons under sixteen - N.Y. Penal Law § 265.05
• Criminal possession of a weapon in a restricted location- N.Y. Penal Law § 265.01-D
• Criminal possession of a weapon in the fourth degree - N.Y. Penal Law § 265.01
• Criminal possession of a weapon in the third degree - N.Y. Penal Law § 265.02
• Criminal possession of a weapon in the second degree - N.Y. Penal Law § 265.03
• Criminal possession of a firearm - N.Y. Penal Law § 265.01-B
• Criminal possession of a rapid-fire modification device - N.Y. Penal Law § 265.01-C

The defenses to Criminal Possession of a Weapon on School Grounds include:

• Law enforcement violated your rights when searching you or your belongings, vehicle or home;
• You did not intentionally possess the weapon;
• The weapon was a replica or was not operational; or
• You possessed the weapon on forestry land owned by the State University of New York college of environmental science and forestry.

Criminal Possession of a Weapon on School Grounds is a Class E felony. In New York, Class E felony convictions carry a maximum penalty of up to four years in jail and a fine of up to $5,000. Additionally, because Criminal Possession of a Weapon on School Grounds is a “Serious Offense” under N.Y. Penal Law § 265(17), a conviction will result in the loss of your right to own a firearm. However, depending on the circumstances, you may be able to restore your gun rights.

If you have recently been arrested for Criminal Possession of a Weapon on School Grounds, it is essential that you begin working with an experienced New York criminal defense attorney as soon as possible. While these charges are extremely serious, there are defenses that can reduce your exposure or result in the prosecution withdrawing your case or the jury acquitting you. At Tilem & Associates, P.C., we have decades of experience handling weapons offenses and know what it takes to secure the best result possible in even the toughest cases. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.