Legislation
SECTION 265.10
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265
§ 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, throwing star, chuka stick, sandbag, sandclub or
slungshot is guilty of a class A misdemeanor.
* NB Effective until August 25, 2026
* 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.
* NB Effective August 25, 2026
* 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, throwing star, chuka stick, sandbag or slungshot is guilty of
a class A misdemeanor.
* NB Effective until August 25, 2026
* 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.
* NB Effective August 25, 2026
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.
* NB Effective August 25, 2026
* 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.
* NB Effective August 25, 2026
* 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.
* NB Effective August 25, 2026
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, throwing star, chuka stick, sandbag, sandclub or
slungshot is guilty of a class A misdemeanor.
* NB Effective until August 25, 2026
* 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.
* NB Effective August 25, 2026
* 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, throwing star, chuka stick, sandbag or slungshot is guilty of
a class A misdemeanor.
* NB Effective until August 25, 2026
* 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.
* NB Effective August 25, 2026
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.
* NB Effective August 25, 2026
* 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.
* NB Effective August 25, 2026
* 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.
* NB Effective August 25, 2026