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§ 265.08 Criminal use of a firearm in the second degree.
  A  person  is guilty of criminal use of a firearm in the second degree
when he commits any  class  C  violent  felony  offense  as  defined  in
paragraph (b) of subdivision one of section 70.02 and he either:

(1) possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or

(2) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm. Criminal use of a firearm in the second degree is a class C felony.