New York Penal Law Sections 265.01 through 265.04 define four degrees of criminal possession of a weapon. The elements depend on the weapon, quantity, intent, location, prior record, and related conduct. The sentencing classification also depends on the exact section and, for Section 265.02, the particular subdivision.[1][2][3][4]
Fourth Degree: PL 265.01 (Class A Misdemeanor)
Section 265.01 is a Class A misdemeanor. Its subdivisions cover several different forms of possession, including possession of listed weapons, possession of specified dangerous instruments with intent to use them unlawfully against another, possession of a rifle or shotgun after a felony or serious-offense conviction, and specified ghost-gun or unfinished-frame conduct.[1]
The current statute contains two provisions labeled subdivision nine. Anyone applying the statute must identify the actual text involved rather than relying on a subdivision number alone.[1]
Third Degree: PL 265.02 (Class D Felony)
Section 265.02 is a Class D felony with multiple independent subdivisions. Examples include:
- Subdivision one applies when the person commits an offense defined in Section 265.01(1), (2), (3), or (5) and has a prior conviction for any crime.
- Subdivisions two and three cover specified weapons and knowingly possessed defaced weapons. They do not require the prior-conviction element in subdivision one.
- Subdivision five covers possession of three or more firearms. It also covers possession of a firearm after a felony conviction or a qualifying Class A misdemeanor conviction within the preceding five years when the possession occurred outside the person's home or place of business.
- Subdivisions six through ten cover a disguised gun, an assault weapon, a large capacity ammunition feeding device, and specified firearm possession during a drug-trafficking or violent-felony transaction.
Penal Law Section 70.02 classifies only subdivisions five through ten of Section 265.02 as Class D violent felony offenses. It does not classify subdivisions one through three as violent felonies.[5]
The sentencing rules are not identical across the violent-felony subdivisions. Section 70.02(2)(c) addresses subdivisions five, seven, eight, and nine and permits another sentence authorized by law when its stated eligibility conditions and court findings are satisfied. Where a determinate Class D sentence is imposed, the general range is two to seven years, but subdivision ten has a range of three and one-half to seven years. Other subdivisions can follow different authorized-disposition rules.[5]
Second Degree: PL 265.03 (Class C Violent Felony)
Section 265.03 is a Class C violent felony. Its three subdivisions cover:
- With intent to use unlawfully against another, the person possesses a machine gun, loaded firearm, or disguised gun.
- The person possesses five or more firearms.
- The person possesses a loaded firearm outside the person's home or place of business.
Subdivision three does not contain an intent-to-use-unlawfully element, but licensing and statutory exemptions can affect whether Article 265 applies. As of July 2026, a first violent-felony sentence for a Section 265.03 conviction governed by Section 70.02 uses a determinate range of three and one-half to fifteen years. Other offenses and repeat-offender rules can use different ranges. The enacted indeterminate-sentence text is marked effective September 1, 2027, not before that date.[3][5]
First Degree: PL 265.04 (Class B Violent Felony)
Section 265.04 applies when a person possesses an explosive substance with intent to use it unlawfully against another person or property, or possesses ten or more firearms. It is a Class B violent felony. A first violent-felony sentence for a Section 265.04 conviction governed by Section 70.02 uses a determinate range of five to twenty-five years. Other Class B offenses and repeat-offender rules can use different ranges.[4][5]