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New York · Through 2026-09-11

N.Y. Penal Law § 265.03: Criminal possession of a weapon in the second degree

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title P. Offenses Against Public Safety
  4. Article 265. Firearms and Other Dangerous Weapons

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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