Criminal Possession of a Weapon in the Second Degree.

  1. Law
  2. New York Laws
  3. Penal
  4. Specific Offenses
  5. Offenses Against Public Safety
  6. Firearms and Other Dangerous Weapons
  7. Criminal Possession of a Weapon in the Second Degree.

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§ 265.03 Criminal possession of a weapon in the second degree. 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.


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