People v. Longshore

In People v. Longshore (86 NY2d 851 [1995]), the Court of Appeals was presented with the question of whether the evidence proved the weapon in question was operable. The People conceded that they failed to establish operability but contended that the statute did not require them to prove operability. It is now accepted that to establish criminal possession of a handgun, the People must prove that the weapon is operable. Furthermore, it appears that the courts have assumed the same rule applies to criminal possession of rifles and shotguns under Penal Law 265.01.