A person is guilty of criminal possession of a weapon in the second degree in New York State when:
(1) with intent to use the same unlawfully against another, such person:
(a) possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
(2) such person possesses five or more firearms; or
(3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.
Criminal possession of a weapon in the second degree is a class C violent felony.
A person convicted of criminal possession of a weapon in the 2nd degree in New York in violation of Penal Law 265.03 must receive a determinate sentence of imprisonment.. Penal Law 60.05(4). The term must be in whole or half years between 3.5 and 15 years. Penal Law 70.02(3)(b). The person would also be sentenced to Post-Release Supervision of between 2 1/2 and 5 years. Penal Law 70.00(6) and 70.45(2). The foregoing assumes that the person is a first time felony offender.
Criminal Possession of a Weapon in the Second Degree is a Class C Violent Felony in New York; PL265.03. Kings County, Brooklyn NY prosecutors are known to be very tough on defendants charged with gun/weapon crimes. If convicted, an accused faces up to fifteen years in prison, depending on his or her prior criminal record.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.