[Brian Pfleuger]

Solved!

The section you are quoting is in reference to a person who is guilty of criminal possession in the fourth degree. If any of the conditions listed in the section you cited are also true then that person is guilty of possession in the third degree.

It does not apply to any person who legally possesses ANY number of weapons.


"A person is guilty of criminal possession of a weapon in the third
degree when:
(1) He 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) He 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) He knowingly has in his possession 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
(4) Such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven, constitute a
violation of this section if such possession takes place in such
person`s home or place of business; or
(5) (i) Such person possesses twenty 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."


In other words, the "such person" to whom it is referring is a person who has committed "possession in the forth degree".