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PL 265.02 Cr. poss. weapon 3rd deg |
Class D felony |
 Link to CJI2d |
§ 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) He 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) He 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) He knowingly has in his possession 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
(4) [He] SUCH PERSON possesses any loaded firearm. Such possession
shall not, except as provided in subdivision one OR SEVEN, constitute a
violation of this section if such possession takes place in such
person's home or place of business[.]; OR
(5) (i) [He] SUCH PERSON possesses twenty or more firearms; or (ii)
[he] 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 busi-
ness[.]; OR
(6) [He] 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.
Criminal possession of a weapon in the third degree is a class D
felony.
.
|
| Subdivision | Elements | Lesser included offenses |
| PL 265.02(1)-Ia |
-
possesses firearm
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Ib |
-
possesses electronic dart gun
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Ic |
-
possesses electronic stun gun
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Id |
-
possesses gravity knife
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Ie |
-
possesses switchblade knife
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-If |
-
possesses pilum ballistic knife
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Ig |
-
possesses metal knuckle knife
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Ih |
-
possesses cane sword
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Ii |
-
possesses billy
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Ij |
-
possesses blackjack
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Ik |
-
possesses bludgeon
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Il |
-
possesses metal knuckles
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Im |
-
possesses chuka stick
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-In |
-
possesses sand bag
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Io |
-
possesses sandclub
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Ip |
-
possesses wrist-brace type slingshot
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-Iq |
-
possesses shirken or Kung Fu star
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-II |
-
possesses dagger
-
intent to use unlawfully
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-II |
-
possesses dagger
-
intent to use unlawfully
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-II |
-
possesses dagger
-
intent to use unlawfully
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-II |
-
possesses dagger
-
intent to use unlawfully
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-II |
-
possesses dagger
-
intent to use unlawfully
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-II |
-
possesses dagger
-
intent to use unlawfully
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-II |
-
possesses dagger
-
intent to use unlawfully
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-III |
-
knowingly possesses rifle shotgun or firearm
-
on school grounds w/o authorization
-
previously convicted of any crime
|
LIO
|
| PL 265.02(1)-V |
-
possesses dangerous or deadly weapon
-
not a citizen of U.S.
-
previously convicted of any crime
|
LIO
|
| PL 265.02(2)-I |
-
possesses explosive or incindiery bomb
|
LIO
|
| PL 265.02(2)-II |
|
LIO
|
| PL 265.02(2)-III |
-
possesses firearm silencer
|
LIO
|
| PL 265.02(2)-IV |
|
LIO
|
| PL 265.02(2)-V |
-
possesses simulated machine-gun
|
LIO
|
| PL 265.02(3)-I |
-
knowingly possesses defaced machine-gun
|
LIO
|
| PL 265.02(3)-II |
-
knowingly possesses defaced firearm
|
LIO
|
| PL 265.02(3)-III |
-
knowingly possesses defaced rifle
|
LIO
|
| PL 265.02(3)-IV |
-
knowingly possesses defaced shotgun
|
LIO
|
| PL 265.02(4) |
-
possesses loaded firearm
-
not in defendant's home or place of business
|
LIO
|
| PL 265.02(5)(i) |
-
possesses 20 or more firearms
|
LIO
|
| PL 265.02(5)(ii) |
-
possesses firearm
-
convicted of felony or class A gun misd. w/in 5 yrs
-
not in defendant's home or place of business
|
LIO
|
| PL 265.02(6) |
-
knowingly possesses disguised gun
|
LIO
|
| PL 265.02(7) |
-
knowingly possesses assault weapon
|
LIO
|
| PL 265.02(8) |
-
knowingly possesses large capacity ammunition feeding device
|
LIO
|