Maximum Guns

[comptech]

I was studying the penal laws of NY for a project and I noticed the following
§ 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.
Criminal possession of a weapon in the third degree is a class D
felony.

To me, this looks like a civilian like myself is not permitted to own more than 2 guns. I personally own no firearms, however my friend owns, and legally purchased in NY a shotgun. a 9mm carbine, and another rifle that escapes my memory for a name. He, and I usually go to the range at the end of each month to fire these guns at paper targets. Now according to my understanding just by owning these 3 guns he is committing a Class D felony. Is there something I am missing, or is he actually committing a crime without realizing it? If he is indeed breaking the law, how should he rectify this situation without breaking any laws or getting into trouble? (yes I know ignorance of the law is no excuse) Thanks

[phantasm]

I was studying the penal laws of NY for a project and I noticed the following
§ 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.
Criminal possession of a weapon in the third degree is a class D
felony.

To me, this looks like a civilian like myself is not permitted to own more than 2 guns. I personally own no firearms, however my friend owns, and legally purchased in NY a shotgun. a 9mm carbine, and another rifle that escapes my memory for a name. He, and I usually go to the range at the end of each month to fire these guns at paper targets. Now according to my understanding just by owning these 3 guns he is committing a Class D felony. Is there something I am missing, or is he actually committing a crime without realizing it? If he is indeed breaking the law, how should he rectify this situation without breaking any laws or getting into trouble? (yes I know ignorance of the law is no excuse) Thanks

If I'm not mistaken, Its possessing 3 or more UNLICENSED firearms. Therefore 1 or 2 unloaded, unlicensed firearms = CPW 4 (an A misdemeanor), and possessing 3 or more = CPW 3 (a D felony).

Also a firearm is not a rifle or shotgun, as long as those long guns meet the requirements in the law.

[comptech]

Hmm I guess I missed something then about it being for unlicensed guns. Perhaps that is in some definition at the beginning of the Title? All of my friend's guns are legally registered, and within the requirements of federal, and state law to be lawful weapons (ie: no modifications) One thing we are both careful of is not breaking the law. I actually still pay for my music ;) I kind of figured that a max of 3 of any type of gun was a little ridiculous even for a state as restrictive as NY. Thanks. You were very helpful.

[BP348]

As long as they are legal for whereever it is you live then you can own as many weapons as you want.

As far as NYC & Chicago go I think their ban on handguns will be shot down (pun intended) by the S.C just like Washington D.C.'s

[comptech]

Ok. That is very good news. Thank you guys for your answers.

[phantasm]

As long as they are legal for whereever it is you live then you can own as many weapons as you want.

As far as NYC & Chicago go I think their ban on handguns will be shot down (pun intended) by the S.C just like Washington D.C.'s

NYC doesn't have a ban on handguns. Its just very very hard to get a license. :-) You need to demonstrate a "need" such as transporting large sums of money, or a public figure, etc.