N.Y. Penal Law § 265.02: Criminal possession of a weapon in the third degree

§ 265.02 Criminal possession of a weapon in the third degree.

A person is guilty of criminal possession of a weapon in the third

degree when:

(1) Such person commits the crime of criminal possession of a weapon

in the fourth degree as defined in subdivision one, two, three or five

of section 265.01, and has been previously convicted of any crime; or

(2) Such person possesses any explosive or incendiary bomb, bombshell,

firearm silencer, machine-gun or any other firearm or weapon simulating

a machine-gun and which is adaptable for such use; or

(3) Such person knowingly possesses a machine-gun, firearm, rifle or

shotgun which has been defaced for the purpose of concealment or

prevention of the detection of a crime or misrepresenting the identity

of such machine-gun, firearm, rifle or shotgun; or

(5) (i) Such person possesses three or more firearms; or (ii) such

person possesses a firearm and has been previously convicted of a felony

or a class A misdemeanor defined in this chapter within the five years

immediately preceding the commission of the offense and such possession

did not take place in the person's home or place of business; or

(6) Such person knowingly possesses any disguised gun; or

(7) Such person possesses an assault weapon; or

(8) Such person possesses a large capacity ammunition feeding device;

or

(9) Such person possesses an unloaded firearm and also commits a drug

trafficking felony as defined in subdivision twenty-one of section 10.00

of this chapter as part of the same criminal transaction; or

(10) Such person possesses an unloaded firearm and also commits any

violent felony offense as defined in subdivision one of section 70.02 of

this chapter as part of the same criminal transaction.

Criminal possession of a weapon in the third degree is a class D

felony.