of the property superior to that of the person who possesses it.7 [The term FIREARM includes any pistol or revolver.]8 means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned or made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.]9 [SHOTGUN a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned or made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.]10 [NOTE: Add if appropriate: It is not a defense to this charge: (Select appropriate alternative[s]: that the person who stole the property has not been convicted, apprehended, or identified.11 and/or that the defendant stole or participated in the theft of Penal Law § 155.00(5), which has been modified for this crime. Also see that 7See section for special definitions of to cover the situations (1) where the alleged owner “owner” obtained the property by theft, (2) where the alleged owner is a joint or common owner of the property, and (3) where the property is in the possession of the alleged owner but some other person has a security interest in the property. additional provisions of Penal Law § 265.00(3) if a sawed-off rifle or shot-gun or an 8See antique firearm is in issue. Penal Law § 265.00(11). 9See Penal Law § 265.00(12). 10See
of the property superior to that of the person who possesses it.7 [The term FIREARM includes any pistol or revolver.]8 means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned or made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.]9 [SHOTGUN a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned or made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.]10 [NOTE: Add if appropriate: It is not a defense to this charge: (Select appropriate alternative[s]: that the person who stole the property has not been convicted, apprehended, or identified.11 and/or that the defendant stole or participated in the theft of 7See Penal Law § 155.00(5), which has been modified for this crime. Also see that section for special definitions of “owner” to cover the situations (1) where the alleged owner obtained the property by theft, (2) where the alleged owner is a joint or common owner of the property, and (3) where the property is in the possession of the alleged owner but some other person has a security interest in the property. 8See additional provisions of Penal Law § 265.00(3) if a sawed-off rifle or shot-gun or an antique firearm is in issue. 9See Penal Law § 265.00(11). 10See Penal Law § 265.00(12).
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