Criminal possession of a weapon in the second degree

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New York Code › Act PEN › Part 3 › Title P › Article 265 › Section 265.03

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

§ 265.03 Criminal possession of a weapon in the second degree.\n A person is guilty of criminal possession of a weapon in the second\ndegree when:\n (1) with intent to use the same unlawfully against another, such\nperson:\n (a) possesses a machine-gun; or\n (b) possesses a loaded firearm; or\n (c) possesses a disguised gun; or\n (2) such person possesses five or more firearms; or\n (3) such person possesses any loaded firearm. Such possession shall\nnot, except as provided in subdivision one or seven of section 265.02 of\nthis article, constitute a violation of this subdivision if such\npossession takes place in such person's home or place of business.\n Criminal possession of a weapon in the second degree is a class C\nfelony.\n

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