N.Y. Penal Law § 265.10: Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances

§ 265.10 Manufacture, transport, disposition and defacement of weapons

and dangerous instruments and appliances.

1. Any person who manufactures or causes to be manufactured any

machine-gun, ghost gun, unfinished frame or receiver, firearm silencer,

major component of a firearm, assault weapon, large capacity ammunition

feeding device or disguised gun is guilty of a class D felony. Any

person who manufactures or causes to be manufactured any rapid-fire

modification device is guilty of a class E felony. Any person who

manufactures or causes to be manufactured any switchblade knife, pilum

ballistic knife, metal knuckle knife, undetectable knife, billy,

blackjack, bludgeon, plastic knuckles, metal knuckles, throwing star,

chuka stick, sandbag, sandclub or slungshot is guilty of a class A

misdemeanor.

2. Any person who transports or ships any machine-gun, ghost gun,

firearm silencer, assault weapon or large capacity ammunition feeding

device or disguised gun, or who transports or ships as merchandise five

or more firearms, is guilty of a class D felony. Any person who

transports or ships any rapid-fire modification device is guilty of a

class E felony. Any person who transports or ships as merchandise any

firearm, other than an assault weapon, switchblade knife, pilum

ballistic knife, undetectable knife, billy, blackjack, bludgeon, plastic

knuckles, metal knuckles, throwing star, chuka stick, sandbag or

slungshot is guilty of a class A misdemeanor.

3. Any person who disposes of any machine-gun, assault weapon, large

capacity ammunition feeding device or firearm silencer is guilty of a

class D felony. Any person who disposes of any rapid-fire modification

device is guilty of a class E felony. Any person who knowingly buys,

receives, disposes of, or conceals a machine-gun, firearm, large

capacity ammunition feeding device, 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,

large capacity ammunition feeding device, rifle or shotgun is guilty of

a class D felony.

4. Any person who disposes of any of the weapons, instruments or

appliances specified in subdivision one of section 265.01, except a

firearm, is guilty of a class A misdemeanor, and he is guilty of a class

D felony if he has previously been convicted of any crime.

5. Any person who disposes of any of the weapons, instruments,

appliances or substances specified in section 265.05 to any other person

under the age of sixteen years is guilty of a class A misdemeanor.

6. Any person who wilfully defaces any machine-gun, large capacity

ammunition feeding device or firearm is guilty of a class D felony.

7. Any person, other than a wholesale dealer, or gunsmith or dealer in

firearms duly licensed pursuant to section 400.00 of this chapter,

lawfully in possession of a firearm or semiautomatic rifle, who disposes

of the same without first notifying in writing the licensing officer in

the city of New York and counties of Nassau and Suffolk and elsewhere in

the state the executive department, division of state police, Albany, is

guilty of a class A misdemeanor.

8. Any person, dealer, firm, partnership or corporation who

intentionally designs or transforms a firearm, rifle, shotgun or

machine-gun to resemble a toy gun by either altering or concealing the

original color or surface of the gun with the purpose of selling such

weapon is guilty of a class D felony.

9. Any person who modifies a microstamping-enabled pistol or

microstamping component with the intent to prevent the production of a

microstamp is, for a first offense, guilty of a class B misdemeanor, and

for a second or subsequent offense, is guilty of a class A misdemeanor.

For the purposes of this subdivision, it shall not be unlawful to

replace the microstamping component of a microstamping-enabled pistol

when the component is damaged or in need of replacement with another

valid microstamping component for the safe use of the firearm or

replacing such pin for a legitimate sporting purpose that is only used

for that legitimate purpose.

10. Any dealer in firearms or gunsmith who, on or after May

thirty-first, two thousand twenty-seven, sells, transfers, disposes of,

or transports or ships as merchandise a convertible pistol shall be

guilty of a class D felony.

11. Any person who knowingly sells, offers to sell, transfers,

distributes, sell access to, provides, or otherwise disposes of digital

firearm manufacturing code to any person who does not hold both: (a) a

valid gunsmith license as provided in section 400.00 of this chapter;

and (b) a valid federal firearms license, is guilty of a class A

misdemeanor. It is not a violation of this subdivision if: (a) the

person sells, offers to sell, transfers, sells access to, provides, or

otherwise disposes of the digital firearm manufacturing code with the

reasonable belief that the recipient will not use the digital firearm

manufacturing code to violate this subdivision or subdivision twelve of

this section; (b) neither (i) the person who sells, offers to sell,

transfers, sells access to, or otherwise disposes of the digital firearm

manufacturing code, nor (ii) the recipient of the digital firearm

manufacturing code are in New York state; or (c) the recipient of the

digital firearm manufacturing code holds both (i) a gunsmith license as

provided in section 400.00 of this chapter and (ii) a valid federal

firearms license.

12. Any person who possesses digital firearm manufacturing code with

the intent to: (a) illegally manufacture any item described in

subdivision one, two, three, or three-a of section 265.00 of this

article; (b) distribute to a person in the state of New York for whom

the sender knows or reasonably should know would be prohibited from

possessing the manufactured or produced product under section 265.02 of

this article or subsection (G) of section 922 of title 18 of the United

States Code; or (c) distribute to a person in the state of New York who

does not hold both (i) a valid gunsmith license as provided in section

400.00 of this chapter and (ii) a valid federal firearms license, is

guilty of a class A misdemeanor.