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That's my take, at least - I'm pretty sure. Feel free to correct me if/where I'm wrong. Thanks again PK for taking the time to help iron this out for me.
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The statute is refering to someone guilty of one of the crimes listed in 265.01 subsections 1,2,3, or 5...
"S 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He possesses any firearm, electronic dart gun, electronic stun
gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles,
chuka stick, sand bag, sandclub, wrist-brace type slingshot or
slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or
(3) He knowingly has in his possession a rifle, shotgun or firearm in
or upon a building or grounds, used for educational purposes, of any
school, college or university, except the forestry lands, wherever
located, owned and maintained by the State University of New York
college of environmental science and forestry, without the written
authorization of such educational institution; or...
(5) He possesses any dangerous or deadly weapon and is not a citizen
of the United States;..."
The person must first satisfy at least one of the conditions outlined in the above quote BEFORE section 265.02 applies to anything.
In other words, if 265.01 is false then 265.02 is also false because 265.02 is dependent on 265.01 being true.