Section 265.03 Wording

[roosterdude11]

Trying to understand the wording of Section 265.03. It seems that the way it is worded would imply that having an unloaded handgun in your home is permissable. When reading it like this "Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business."

Anyone care to comment or add thoughts? Does this allow for a lawful person to have an unloaded handgun in their home as long as it falls within the other requirements?



Section 265.03

Criminal possession of a weapon in the second degree
Penal (PEN)


A person is guilty of criminal possession of a weapon in the second degree when:


(1) with intent to use the same unlawfully against another, such person:


(a) possesses a machine-gun; or


(b) possesses a loaded firearm; or


(c) possesses a disguised gun; or


(2) such person possesses five or more firearms; or


(3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.


Criminal possession of a weapon in the second degree is a class C felony.

 

[Saltwater60]

No you can not posses a handgun unless you have a pistol permit in NYS. Simple possession is a crime.
There are different charges for an unloaded gun in your home.

 

[Vantrepes]

As above. They are just saying that having a loaded firearm (read: pistol without a license) in your home won't earn you a Class C felony. That doesn't make it legal, that just means they will charge you with something other than "Criminal possession of a weapon in the second degree"

 

[C3D]

It’s because possession of an unloaded firearm in your home is 265.01, a Class A misdemeanor. Note “unloaded” means you don’t have any ammo whatsoever, having ammo (whether in a mag or not) is loaded.


Also under 265.08, if you point the gun at anyone in your home, even while unloaded, it is a class C felony.