1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title P: Offenses Against Public Safety
  6. Article 265: Firearms and Other Dangerous Weapons


Section 265.03 Criminal possession of a weapon in the second degree

Penal (PEN)

  A person is guilty of criminal possession of a weapon in the second degree when:

  (1) with intent to use the same unlawfully against another, such person:

  (a) possesses a machine-gun; or

  (b) possesses a loaded firearm; or

  (c) possesses a disguised gun; or

  (2) such person possesses five or more firearms; or

  (3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.

  Criminal possession of a weapon in the second degree is a class C felony.