Section 265.02. Criminal possession of a weapon in the third degree  


Latest version.
  • 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.
        Criminal  possession  of  a  weapon  in  the third degree is a class D
      felony.