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New York · Through 2026-09-11

N.Y. Penal Law § 265.38: Unlawful sale of a non-microstamping-enabled firearm

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title P. Offenses Against Public Safety
  4. Article 265. Firearms and Other Dangerous Weapons

* § 265.38 Unlawful sale of a non-microstamping-enabled firearm.

1. It shall be unlawful for any dealer in firearms licensed under

section 400.00 of this chapter, to sell, offer for sale, exchange, give,

transfer or deliver any semiautomatic pistol unless such pistol has been

verified as a microstamping-enabled pistol. A pistol may be verified as

microstamping-enabled if it contains a microstamp component installed by

its manufacturer or by a state licensed person, association,

partnership, corporation, or other entity in compliance with state

standards established by the commissioner of the division of criminal

justice services or their designee. The provisions of this section shall

not apply to a pistol manufactured prior to the effective date of this

section.

2. (a) The first violation for unlawful sale of a

non-microstamping-enabled pistol pursuant to this section shall be

punishable only by a fine of not more than five hundred dollars and may

result in a suspension or revocation of the dealer's license issued

under section 400.00 of this chapter.

(b) The second violation for unlawful sale of a

non-microstamping-enabled pistol pursuant to this section shall be

punishable only by a fine of not more than five thousand dollars and may

result in a suspension or revocation of the dealer's license issued

under section 400.00 of this chapter.

(c) The third violation for unlawful sale of a

non-microstamping-enabled pistol pursuant to this section is a class A

misdemeanor and shall result in a suspension or revocation of the

dealer's license issued under section 400.00 of this chapter.

* NB Effective per requirements in § 5 of chapter 205/2022 (see

chapter)

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