2012 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title P - OFFENSES AGAINST PUBLIC SAFETY
Article 265 - (265.00 - 265.45) FIREARMS AND OTHER DANGEROUS WEAPONS
265.02 - Criminal possession of a weapon in the third degree.

 
  § 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.
    * NB Effective until March 16, 2013
    * (8) Such  person  possesses  a  large  capacity  ammunition  feeding
  device.    For purposes of this subdivision, a large capacity ammunition
  feeding device shall not include an ammunition feeding  device  lawfully
  possessed by such person before the effective date of the chapter of the
  laws of two thousand thirteen which amended this subdivision, that has a
  capacity of, or that can be readily restored or converted to accept more
  than  seven  but  less  than  eleven  rounds  of ammunition, or that was
  manufactured before September thirteenth, nineteen hundred  ninety-four,
  that  has a capacity of, or that can be readily restored or converted to
  accept, more than ten rounds of ammunition; or
    * NB Effective March 16, 2013
    * (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
    * NB Effective March 16, 2013
    * (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.
    * NB Effective March 16, 2013
    Criminal  possession  of  a  weapon  in  the third degree is a class D
  felony.