PL 265.03 · Article 265
Criminal Possession of a Weapon in the Second Degree
This felony applies to possessing a loaded firearm with intent to use it unlawfully against another, or possessing certain machine guns or disguised guns with that intent, among other listed situations.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- You knowingly possessed the firearm or weapon.
- It was loaded, or fell into another listed category.
- You intended to use it unlawfully against another person.
Defenses that commonly apply
- The intent to use the weapon unlawfully cannot be proved.
- The firearm was not loaded, or the possession was not yours.
- You possessed it lawfully in your home or place of business.
- The search was unlawful.
Penalties and collateral consequences
A Class C Felony carries a maximum sentence of up to 15 years and a fine of up to Up to $5,000.
Every case turns on its own facts. The information on this page is general, not legal advice.
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