Criminal use of a firearm in the second degree · as in force on May 31, 2026
§ 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.
Committing a class C violent felony under § 70.02(1)(b) while either possessing a loaded deadly weapon capable of firing a shot that can readily cause death or serious injury, or displaying what appears to be a firearm, is second-degree criminal use of a firearm, a class C felony. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.