§ 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
N.Y. Penal Law § 265.03
Criminal possession of a weapon in the second degree
Applied in 524 court decisions — leading case United States v. Hightower (2020)
Most recently applied in 87 Misc. 3d 1247 - People v. Whyte (December 2025)
2014-09-22
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Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.