§ 265.03 Criminal possession of a weapon in the second degree. 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.