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.