NY State — NY Penal Law

§ 265.03 — Criminal possession of a weapon in the second degree

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

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What is NY PL § 265.03?

Quick Answer

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) suc

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§ 265.03 Criminal possession of a weapon in the second degree

PL § 265.03

§ 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.

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