{"jurisdiction": "us-ny", "code": "penal", "section": "265.03", "citation": "Penal Law § 265.03", "heading": "Criminal possession of a weapon in the second degree", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/265.03", "from_official_api": true, "plain_english": "A person commits second-degree criminal possession of a weapon by:\n- **(1)** With intent to use it unlawfully against another, **possessing a machine gun, loaded firearm, or disguised gun**;\n- **(2)** **Possessing 5 or more firearms**; or\n- **(3)** **Possessing any loaded firearm**, except that possession at the person’s home or business is excluded unless **§ 265.02(1) or (7)** applies. ★\nThe offense is a **class C felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/265.03", "publisher": "Elyphived LLC"}