Statute · New York Penal Law
N.Y. Penal Law § 265.03 — Criminal possession of a weapon in the second degree
N.Y. Penal Law § 265.03
- Type
- Statute
- Source
- New York Penal Law
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 265.03 Criminal possession of a weapon in the second degree.
Citator
N.Y. Penal Law § 265.03 — Criminal possession of a weapon in the second degree is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.