Bob Owens

The saddest truth in politics is that people get the leaders they deserve

New York gun law about to be passed would turn you into a felon for owning three or more guns (update: discarded)

Written By: Bob - Jan• 15•13

The rabidly anti-gun law that appears to be on the fast track to passing in New York will apparently turn you into a felon if you own three or more guns (see update, this bill containing this section was dropped, and another bill was signed into law).

S 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.

Taken together, that reads:

“S 265.02 A person is guilty of criminal possession of a weapon in the third degree when: (5) (i) Such person possesses 3 or more firearms.”

No wonder they’re trying to ram this through before anyone has a chance to read it.

Update: Already signed into law. Governor Andrew Cuomo wanted this. Hold him and his allies responsible.

Further update: This section was in S1422-2013. What Cuomo signed today was S2230-2013, so this legislation is not effectively law, at least not yet.  S1422-2013 appears to have been discarded.

Now you’ll only be a felon if you keep your factory magazine for your Ruger 10/22 or Marlin 795 and miscount, accidentally loading more than 7 rounds.

Doesn’t that make you feel much better?

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  1. WC Green says:

    Maybe all New York gun owners should announce that they will downsize their “arsenals” by giving the weapons away to Mexican gang members. If it’s good enough for Eric Holder….

  2. Phelps says:

    I just don’t see that surviving post-Heller.

  3. Kevin says:

    I never thought we would get where we are now with Heller in place. They do not have to make it stick, just pass it. Once passed, it will be years in the courts before it is struck down. This way, they look good for constituents, and have a hardline stance on guns for their election year crap. This is all grandstanding for the cameras.

    Remember, they take 2 giant steps forward until they meet resistance, then retreat one step back to appear conciliatory. What everyone misses is that they still got that one step in… How many times until they are done?

  4. LC Scotty says:

    Part of the confusion is the term “firearm”, which in NY does not include rifles or shotguns that are not “assaulty” A pistol is a firearm, but a Springfield 1903 is not, in other words. A pistol permit allows you to possess a firearm, and if you possess them legally there is no limit to the number you can possess. You need to look at both 265 and 400 sections of the penal code.

  5. Gayle says:

    Just small steps every time a crazy (white) person causes a gun-related tragedy. That’s all it takes.

    That’s why even the “small”, “reasonable” steps have to be resisted at all costs.

  6. Bill says:

    SONOFA. I thought they removed that!

    Cross Posted at Shall not be Questioned:

    Kathlenn Marchione is trying to gather sigs for a petition to repeal and replace.

    Spread the word please.

  7. Mas Malone says:


    This is not new and has been the law for years. It does not make it a felony for a person to own (or have possession of) three or more guns. It establishes the degree of the offense with which “such person” can be charged when being charged with criminal possession.

    Though I wouldn’t be surprised if they did slip something like this in their latest civilian disarmament legislation.

  8. kyle kiernan says:

    critical para. is #7

    “Such person possesses an assault weapon; ”

    Since assault weapon is an indefinite thing and depends on the beholder to declare, then everyone is guilty or at least everyone that gets accused.

  9. Cara says:

    If I’m a third degree black belt, and my hands are considered deadly weapons, does that make me a felon by default, even if I haven’t committed a crime?

  10. A says:

    bob, i used to think the drones would never be used here. i used to think ‘laws’ would prevent drones from being used to spy on people. the drones really do change the dynamic from even just a few years ago. thoughts?

  11. Old Curmudgeon says:

    Wonder what they will do about 9 and 9 round cylinders on revolvers? Morons!