New York statute

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

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 265: Firearms and Other Dangerous Weapons, New York Penal Law.

Criminal charges under this statute

Criminal possession of a weapon in the third degree

Full text of N.Y. Penal Law § 265.02

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 265.02Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

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.

Official sources

Official OLLS publication (Title download)

Legal terms used in this section

Questions this section answers

What class of misdemeanor is criminal possession of a weapon in the third degree in New York?

Criminal possession of a weapon in the third degree is a Class A Misdemeanor in New York under N.Y. Penal Law § 265.02.

Which New York statute covers criminal possession of a weapon in the third degree?

Criminal possession of a weapon in the third degree is governed by N.Y. Penal Law § 265.02 (Criminal possession of a weapon in the third degree).

This reference is informational and is not legal advice.