N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Safety / ARTICLE Firearms and Other Dangerous Weapons
New York Consolidated Laws

N.Y. Penal Law § 265.03 (2026)

Criminal possession of a weapon in the second degree

✓ current as of May 2026
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§ 265.03 Criminal possession of a weapon in the second degree.
  A person is guilty of criminal possession of a weapon in the second
degree 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
felony.
Notes of Decisions
Cited in 2,133 cases (563 in the last 5 years), 1985–2026 · leading case: People v. Wallace, 31 N.Y.3d 503 (NY 2018).
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People v. Wallace, 31 N.Y.3d 503 (NY 2018). · cites it 22× “We read the exception to narrowly encompass a person's "place of business," when such person is a merchant, storekeeper, or principal operator of a like establishment.”
United States v. Gamez, 577 F.3d 394 (2d Cir. 2009). · cites it 13× “Gamez was convicted in 2000 in state court of a violation of N.Y. Penal Law § 265.03 for possessing, without authorization, a loaded .”
People v. Galindo, 17 N.E.3d 1121 (NY 2014). · cites it 9× “Defendant was indicted on two counts of criminal possession of a weapon in the second degree, one count for possession of a loaded firearm with the intent to use it unlawfully against another (Penal Law § 265.03 [1] [b]), and the other for possession of the same outside his home…”
People v. Flowers, 68 N.E.3d 1228 (NY 2016). · cites it 2× “” The trial court ultimately submitted one count to the jury: criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). The jury convicted defendant.”
Drake v. Filko, 724 F.3d 426 (3rd Cir. 2013). · cites it 4× “5/24-1; N.Y. Penal Law §§ 265.03 (3), 400.00(2)(f); R.”
The People v. Charles Smith The People v. Tyrell Ingram , The People v.Isma McGhee, 57 N.E.3d 53 (NY 2016). · cites it 2× “The team members were Sergeant Deevy and Detectives Schaffer, Sanchez, Perpall, Roman, Batista and Howell.”
People v. Brown, 999 N.E.2d 1168 (NY 2013). · cites it 5× “” Before 2006, Penal Law § 265.03, second-degree criminal possession of a weapon, provided that “[a] person is guilty of criminal possession of a weapon in the second degree when, with intent to use the same unlawfully against another: (1) he possesses a machine-gun; or (2) he…”
People v. Jones, 999 N.E.2d 1184 (NY 2013). · cites it 7× “The indictment alleges simply that defendant committed criminal possession of a weapon in the second degree in violation of Penal Law § 265.03 (3) in that he “possessed a loaded firearm.”
People v. Konstantinides, 923 N.E.2d 567 (NY 2009). · cites it 4× “25); and criminal possession of a weapon in the second and third degrees (Penal Law § 265.03 [2]; [1] § 265.02 [4] [2] ).”
Reginald Jackson v. Ernest Edwards, Superintendent of Otisville Corr. Facility, 404 F.3d 612 (2d Cir. 2005). · cites it 3× “15 , and Criminal Possession of a Weapon in the Second Degree, N.Y. Penal Law § 265.03 (McKinney 1997), or in the alternative, Criminal Possession of a Weapon in the Fourth Degree, N.”
People v. Joyner, 126 A.D.3d 1002 (N.Y. App. Div. 2015). · cites it 8× “To sustain a conviction of criminal possession of a weapon in the second degree under count one of the indictment, the People were obligated to establish, beyond a reasonable doubt, that the defendant possessed a loaded firearm with the intent to use it unlawfully against…”
The People v. Eric R. Johnson, The People v. John A. DiSalvo, The People v. Costandino Argyris, 27 N.E.3d 425 (NY 2014). · cites it 4× “198, 199, 210 (see Penal Law § 265.03 [1] [b]), one count of criminal possession of a weapon in the fourth degree (see Penal Law § 265.”
Show all 2,133 citing cases →
— N.Y. Penal Law § 265.03(1) — 4 cases
Campbell v. Morton (E.D.N.Y 2023).
Campbell v. Morton (E.D.N.Y 2023).
Velez-Garriga v. Bell (E.D.N.Y 2024).
People v. Folk, 2019 NY Slip Op 4321 (N.Y. App. Div. 2019).
— N.Y. Penal Law § 265.03(1)(b) — 15 cases
People v. Joyner, 126 A.D.3d 1002 (N.Y. App. Div. 2015). “To sustain a conviction of criminal possession of a weapon in the second degree under count one of the indictment, the People were obligated to establish, beyond a reasonable doubt, that the defendant possessed a loaded firearm with the intent to use it unlawfully against…”
People v. Mahon, 2020 NY Slip Op 06550 (N.Y. App. Div. 2020).
People v. Holloway, 2022 NY Slip Op 06716 (N.Y. App. Div. 2022).
People v. Harvey, 2023 NY Slip Op 01099 (N.Y. App. Div. 2023).
People v. Seigniuos, 2023 NY Slip Op 06221 (N.Y. App. Div. 2023).
— N.Y. Penal Law § 265.03(2) — 1 case
Davis v. Poole, 767 F. Supp. 2d 409 (W.D.N.Y. 2011).
— N.Y. Penal Law § 265.03(3) — 85 cases
United States v. Weaver, 9 F.4th 129 (2d Cir. 2021).
People v. Joyner, 126 A.D.3d 1002 (N.Y. App. Div. 2015). “To sustain a conviction of criminal possession of a weapon in the second degree under count one of the indictment, the People were obligated to establish, beyond a reasonable doubt, that the defendant possessed a loaded firearm with the intent to use it unlawfully against…”
People v. Holloway, 2022 NY Slip Op 06716 (N.Y. App. Div. 2022).
Musaid v. Kirkpatrick, 114 F.4th 90 (2d Cir. 2024).
People v. Reid, 2023 NY Slip Op 00336 (N.Y. App. Div. 2023).
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