N.Y. Penal Law Section 265.02
Criminal possession of a weapon in the third degree

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; 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.

Source: Section 265.02 — Criminal possession of a weapon in the third degree, https://www.­nysenate.­gov/legislation/laws/PEN/265.­02 (updated Jul. 8, 2022; accessed Oct. 25, 2025).

265.00
Definitions 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 265.07
Registration and serialization of firearms, rifles, shotguns, finished frames or receivers, and unfinished frames or receivers 265.08
Criminal use of a firearm in the second degree 265.09
Criminal use of a firearm in the first degree 265.10
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances 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 265.20
Exemptions 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 265.46
Failure to safely store rifles, shotguns, and firearms in the second degree 265.50
Criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun 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 265.65
Criminal purchase of a semiautomatic rifle 265.66
Criminal sale of a semiautomatic rifle
Green check means up to date. Up to date

Verified:
Oct. 25, 2025

Last modified:
Jul. 8, 2022

§ 265.02. Crim. possession of a weapon in the third degree's source at nysenate​.gov

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