N.Y. Penal Law Section 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, 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, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is guilty of a class A misdemeanor.

2.

Any person who transports or ships any machine-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, Kung Fu 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.

Source: Section 265.10 — Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances, https://www.­nysenate.­gov/legislation/laws/PEN/265.­10 (updated Sep. 9, 2022; accessed Apr. 20, 2024).

265.00
Definitions
265.01
Criminal possession of a weapon in the fourth degree
265.01‑A
Criminal possession of a weapon on school grounds
265.01‑B
Criminal possession of a firearm
265.01‑C
Criminal possession of a rapid-fire modification device
265.01‑D
Criminal possession of a weapon in a restricted location
265.01‑E
Criminal possession of a firearm, rifle or shotgun in a sensitive location
265.02
Criminal possession of a weapon in the third degree
265.03
Criminal possession of a weapon in the second degree
265.04
Criminal possession of a weapon in the first degree
265.05
Unlawful possession of weapons by persons under sixteen
265.06
Unlawful possession of a weapon upon school grounds
265.07
Registration and serialization of firearms, rifles, shotguns, finished frames or receivers, and unfinished frames or receivers
265.08
Criminal use of a firearm in the second degree
265.09
Criminal use of a firearm in the first degree
265.10
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
265.11
Criminal sale of a firearm in the third degree
265.12
Criminal sale of a firearm in the second degree
265.13
Criminal sale of a firearm in the first degree
265.14
Criminal sale of a firearm with the aid of a minor
265.15
Presumptions of possession, unlawful intent and defacement
265.16
Criminal sale of a firearm to a minor
265.17
Criminal purchase or disposal of a weapon
265.19
Aggravated criminal possession of a weapon
265.20
Exemptions
265.25
Certain wounds to be reported
265.26
Burn injury and wounds to be reported
265.30
Certain convictions to be reported
265.35
Prohibited use of weapons
265.37
Unlawful possession of certain ammunition feeding devices
265.38
Unlawful sale of a non-microstamping-enabled firearm
265.40
Purchase of rifles and/or shotguns in contiguous states
265.45
Failure to safely store rifles, shotguns, and firearms in the first degree
265.50
Criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun
265.50*2
Failure to safely store rifles, shotguns, and firearms in the second degree
265.55
Criminal possession of an undetectable firearm, rifle or shotgun
265.60
Criminal sale of a ghost gun in the second degree
265.61
Criminal sale of a ghost gun in the first degree
265.63
Criminal sale of a frame or receiver in the second degree
265.64
Criminal sale of a frame or receiver in the first degree
265.65
Criminal purchase of a semiautomatic rifle
265.66
Criminal sale of a semiautomatic rifle

Accessed:
Apr. 20, 2024

Last modified:
Sep. 9, 2022

§ 265.10’s source at nysenate​.gov

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