Penal Law § 265.03

Criminal possession of a weapon in the second degree · as in force on May 31, 2026

§ 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

(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.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/265.03

In plain English

A person commits second-degree criminal possession of a weapon by:

(1) With intent to use it unlawfully against another, possessing a machine gun, loaded firearm, or disguised gun;
(2) Possessing 5 or more firearms; or
(3) Possessing any loaded firearm, except that possession at the person’s home or business is excluded unless § 265.02(1) or (7) applies. ★

The offense is a class C felony.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.