§ 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.
For purposes of this subdivision, a large capacity ammunition feeding
device shall not include an ammunition feeding device lawfully possessed
by such person before the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision, that has a
capacity of, or that can be readily restored or converted to accept more
than seven but less than eleven rounds of ammunition, or that was
manufactured before September thirteenth, nineteen hundred ninety-four,
that has a capacity of, or that can be readily restored or converted to
accept, more than ten rounds of ammunition; 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.
