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New York Penal - Article 265 - § 265.02 Criminal Possession of a Weapon in the Third Degree

Legal Research Home > New York Laws > Penal > New York Penal - Article 265 - § 265.02 Criminal Possession of a Weapon in the Third Degree


Penal 
 
  § 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.
  For purposes of this subdivision, a large  capacity  ammunition  feeding
  device shall not include an ammunition feeding device lawfully possessed
  by  such  person before the effective date of the chapter of the laws of
  two thousand  thirteen  which  amended  this  subdivision,  that  has  a
  capacity of, or that can be readily restored or converted to accept more
  than  seven  but  less  than  eleven  rounds  of ammunition, or that was
  manufactured before September thirteenth, nineteen hundred  ninety-four,
  that  has a capacity of, or that can be readily restored or converted to
  accept, more than ten rounds of ammunition; 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.
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Last modified: February 16, 2014