PL 265.02 · Article 265
Criminal Possession of a Weapon in the Third Degree
This felony applies to possessing an assault weapon, a large capacity ammunition feeding device, a machine gun or silencer, a defaced or disguised firearm, three or more firearms, or a firearm while having a qualifying prior conviction.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- You possessed the weapon or device the statute lists for this degree.
- For the prior-conviction subsection, the earlier conviction and the timing requirements are met.
Defenses that commonly apply
- The firearm is not an assault weapon or large capacity device as defined.
- The prior conviction does not qualify or does not fall within the window.
- The item was not in your possession.
- The search was unlawful.
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 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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