The Safe act made part of 265.02 3rd degree criminal possession of a weapon a violent felony while leaving part of it a non violent felony. This makes possession of a post 94 10+ round magazine or assault rifle a violent felony while leaving possession of a machine gun or bomb a non violent felony so if you are convicted for possessing just a Pmag there is a mandatory minimum sentence of two years in prison while if you are convicted for possession of a machine gun the minimum sentence is probation.
265.02 Criminal possession of a weapon in the third degree. The parts in red are non violent offenses while the parts in blue are violent offenses.
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.
For purposes of this subdivision, a large capacity ammunition feeding
device shall not include an ammunition feeding device lawfully possessed
by such person before the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision, that has a
capacity of, or that can be readily restored or converted to accept more
than seven but less than eleven rounds of ammunition, or that was
manufactured before September thirteenth, nineteen hundred ninety-four,
that has a capacity of, or that can be readily restored or converted to
accept, more than ten rounds of ammunition; or
(9) Such person possesses an unloaded firearm and also commits a drug
trafficking felony as defined in subdivision twenty-one of section 10.00
of this chapter as part of the same criminal transaction; or
(10) Such person possesses an unloaded firearm and also commits any
violent felony offense as defined in subdivision one of section 70.02 of
this chapter as part of the same criminal transaction.
Criminal possession of a weapon in the third degree is a class D
felony.
70.02 Sentence of imprisonment for a violent felony offense.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child in the second degree as defined in
section 130.80, aggravated sexual abuse in the third degree as defined
in section 130.66, facilitating a sex offense with a controlled
substance as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six, seven, eight,
nine or ten of section 265.02, criminal sale of a firearm in the third
degree as defined in section 265.11, intimidating a victim or witness in
the second degree as defined in section 215.16, soliciting or providing
support for an act of terrorism in the second degree as defined in
section 490.10, and making a terroristic threat as defined in section
490.20, falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb or hazardous
substance in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, and aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.