(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;
or
(9) Such person possesses an unloaded firearm and also commits a drug
trafficking felony as defined in subdivision twenty-one of section 10.00
of this chapter as part of the same criminal transaction; or
(10) Such person possesses an unloaded firearm and also commits any
violent felony offense as defined in subdivision one of section 70.02 of
this chapter as part of the same criminal transaction.
Criminal possession of a weapon in the third degree is a class D
felony.
Structure New York Laws
Title P - Offenses Against Public Safety
Article 265 - Firearms and Other Dangerous Weapons
265.01 - Criminal Possession of a Weapon in the Fourth Degree.
265.01-A - Criminal Possession of a Weapon on School Grounds.
265.01-B - Criminal Possession of a Firearm.
265.01-C - Criminal Possession of a Rapid-Fire Modification Device.
265.01-D - Criminal Possession of a Weapon in a Restricted Location.
265.01-E - Criminal Possession of a Firearm, Rifle or Shotgun in a Sensitive Location.
265.02 - Criminal Possession of a Weapon in the Third Degree.
265.03 - Criminal Possession of a Weapon in the Second Degree.
265.04 - Criminal Possession of a Weapon in the First Degree.
265.05 - Unlawful Possession of Weapons by Persons Under Sixteen.
265.06 - Unlawful Possession of a Weapon Upon School Grounds.
265.08 - Criminal Use of a Firearm in the Second Degree.
265.09 - Criminal Use of a Firearm in the First Degree.
265.11 - Criminal Sale of a Firearm in the Third Degree.
265.12 - Criminal Sale of a Firearm in the Second Degree.
265.13 - Criminal Sale of a Firearm in the First Degree.
265.14 - Criminal Sale of a Firearm With the Aid of a Minor.
265.15 - Presumptions of Possession, Unlawful Intent and Defacement.
265.16 - Criminal Sale of a Firearm to a Minor.
265.17 - Criminal Purchase or Disposal of a Weapon.
265.19 - Aggravated Criminal Possession of a Weapon.
265.25 - Certain Wounds to Be Reported.
265.26 - Burn Injury and Wounds to Be Reported.
265.30 - Certain Convictions to Be Reported.
265.35 - Prohibited Use of Weapons.
265.37 - Unlawful Possession of Certain Ammunition Feeding Devices.
265.38 - Unlawful Sale of a Non-Microstamping-Enabled Firearm.
265.40 - Purchase of Rifles And/or Shotguns in Contiguous States.
265.45 - Failure to Safely Store Rifles, Shotguns, and Firearms in the First Degree.
265.50 - Criminal Manufacture, Sale, or Transport of an Undetectable Firearm, Rifle or Shotgun.
265.50*2 - Failure to Safely Store Rifles, Shotguns, and Firearms in the Second Degree.
265.55 - Criminal Possession of an Undetectable Firearm, Rifle or Shotgun.
265.60 - Criminal Sale of a Ghost Gun in the Second Degree.
265.61 - Criminal Sale of a Ghost Gun in the First Degree.
265.63 - Criminal Sale of a Frame or Receiver in the Second Degree.
265.64 - Criminal Sale of a Frame or Receiver in the First Degree.