NYSentencing

§ 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, bomb- 
shell,  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 
  (4) (Subdivision repealed L.2006 c.742 effective 11/01/06)
  (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
(As amended by L.2022 c.209 effective 07/06/22.)
  (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.
with Argument