N.Y. PEN Law § 265.10 — New York Code / Act PEN / Part 3 / Title P / Article 265 / Section 265.10
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
Status: in_force

§ 265.10 Manufacture, transport, disposition and defacement of weapons\n           and dangerous instruments and appliances.\n  * 1. Any person who manufactures or causes to be manufactured any\nmachine-gun, assault weapon, large capacity ammunition feeding device or\ndisguised gun is guilty of a class D felony. Any person who manufactures\nor causes to be manufactured any rapid-fire modification device is\nguilty of a class E felony. Any person who manufactures or causes to be\nmanufactured any switchblade knife, pilum ballistic knife, metal knuckle\nknife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles,\nmetal knuckles, throwing star, chuka stick, sandbag, sandclub or\nslungshot is guilty of a class A misdemeanor.\n  * NB Effective until August 25, 2026\n  * 1. Any person who manufactures or causes to be manufactured any\nmachine-gun, ghost gun, unfinished frame or receiver, firearm silencer,\nmajor component of a firearm, assault weapon, large capacity ammunition\nfeeding device or disguised gun is guilty of a class D felony. Any\nperson who manufactures or causes to be manufactured any rapid-fire\nmodification device is guilty of a class E felony. Any person who\nmanufactures or causes to be manufactured any switchblade knife, pilum\nballistic knife, metal knuckle knife, undetectable knife, billy,\nblackjack, bludgeon, plastic knuckles, metal knuckles, throwing star,\nchuka stick, sandbag, sandclub or slungshot is guilty of a class A\nmisdemeanor.\n  * NB Effective August 25, 2026\n  * 2. Any person who transports or ships any machine-gun, firearm\nsilencer, assault weapon or large capacity ammunition feeding device or\ndisguised gun, or who transports or ships as merchandise five or more\nfirearms, is guilty of a class D felony. Any person who transports or\nships any rapid-fire modification device is guilty of a class E felony.\nAny person who transports or ships as merchandise any firearm, other\nthan an assault weapon, switchblade knife, pilum ballistic knife,\nundetectable knife, billy, blackjack, bludgeon, plastic knuckles, metal\nknuckles, throwing star, chuka stick, sandbag or slungshot is guilty of\na class A misdemeanor.\n  * NB Effective until August 25, 2026\n  * 2. Any person who transports or ships any machine-gun, ghost gun,\nfirearm silencer, assault weapon or large capacity ammunition feeding\ndevice or disguised gun, or who transports or ships as merchandise five\nor more firearms, is guilty of a class D felony. Any person who\ntransports or ships any rapid-fire modification device is guilty of a\nclass E felony. Any person who transports or ships as merchandise any\nfirearm, other than an assault weapon, switchblade knife, pilum\nballistic knife, undetectable knife, billy, blackjack, bludgeon, plastic\nknuckles, metal knuckles, throwing star, chuka stick, sandbag or\nslungshot is guilty of a class A misdemeanor.\n  * NB Effective August 25, 2026\n  3. Any person who disposes of any machine-gun, assault weapon, large\ncapacity ammunition feeding device or firearm silencer is guilty of a\nclass D felony. Any person who disposes of any rapid-fire modification\ndevice is guilty of a class E felony. Any person who knowingly buys,\nreceives, disposes of, or conceals a machine-gun, firearm, large\ncapacity ammunition feeding device, rifle or shotgun which has been\ndefaced for the purpose of concealment or prevention of the detection of\na crime or misrepresenting the identity of such machine-gun, firearm,\nlarge capacity ammunition feeding device, rifle or shotgun is guilty of\na class D felony.\n  4. Any person who disposes of any of the weapons, instruments or\nappliances specified in subdivision one of section 265.01, except a\nfirearm, is guilty of a class A misdemeanor, and he is guilty of a class\nD felony if he has previously been convicted of any crime.\n  5. Any person who disposes of any of the weapons, instruments,\nappliances or substances specified in section 265.05 to any other person\nunder the age of sixteen years is guilty of a class A misdemeanor.\n  6. Any person who wilfully defaces any machine-gun, large capacity\nammunition feeding device or firearm is guilty of a class D felony.\n  7. Any person, other than a wholesale dealer, or gunsmith or dealer in\nfirearms duly licensed pursuant to section 400.00 of this chapter,\nlawfully in possession of a firearm or semiautomatic rifle, who disposes\nof the same without first notifying in writing the licensing officer in\nthe city of New York and counties of Nassau and Suffolk and elsewhere in\nthe state the executive department, division of state police, Albany, is\nguilty of a class A misdemeanor.\n  8. Any person, dealer, firm, partnership or corporation who\nintentionally designs or transforms a firearm, rifle, shotgun or\nmachine-gun to resemble a toy gun by either altering or concealing the\noriginal color or surface of the gun with the purpose of selling such\nweapon is guilty of a class D felony.\n  9. Any person who modifies a microstamping-enabled pistol or\nmicrostamping component with the intent to prevent the production of a\nmicrostamp is, for a first offense, guilty of a class B misdemeanor, and\nfor a second or subsequent offense, is guilty of a class A misdemeanor.\nFor the purposes of this subdivision, it shall not be unlawful to\nreplace the microstamping component of a microstamping-enabled pistol\nwhen the component is damaged or in need of replacement with another\nvalid microstamping component for the safe use of the firearm or\nreplacing such pin for a legitimate sporting purpose that is only used\nfor that legitimate purpose.\n  * 10. Any dealer in firearms or gunsmith who, on or after May\nthirty-first, two thousand twenty-seven, sells, transfers, disposes of,\nor transports or ships as merchandise a convertible pistol shall be\nguilty of a class D felony.\n  * NB Effective August 25, 2026\n  * 11. Any person who knowingly sells, offers to sell, transfers,\ndistributes, sell access to, provides, or otherwise disposes of digital\nfirearm manufacturing code to any person who does not hold both: (a) a\nvalid gunsmith license as provided in section 400.00 of this chapter;\nand (b) a valid federal firearms license, is guilty of a class A\nmisdemeanor. It is not a violation of this subdivision if: (a) the\nperson sells, offers to sell, transfers, sells access to, provides, or\notherwise disposes of the digital firearm manufacturing code with the\nreasonable belief that the recipient will not use the digital firearm\nmanufacturing code to violate this subdivision or subdivision twelve of\nthis section; (b) neither (i) the person who sells, offers to sell,\ntransfers, sells access to, or otherwise disposes of the digital firearm\nmanufacturing code, nor (ii) the recipient of the digital firearm\nmanufacturing code are in New York state; or (c) the recipient of the\ndigital firearm manufacturing code holds both (i) a gunsmith license as\nprovided in section 400.00 of this chapter and (ii) a valid federal\nfirearms license.\n  * NB Effective August 25, 2026\n  * 12. Any person who possesses digital firearm manufacturing code with\nthe intent to: (a) illegally manufacture any item described in\nsubdivision one, two, three, or three-a of section 265.00 of this\narticle; (b) distribute to a person in the state of New York for whom\nthe sender knows or reasonably should know would be prohibited from\npossessing the manufactured or produced product under section 265.02 of\nthis article or subsection (G) of section 922 of title 18 of the United\nStates Code; or (c) distribute to a person in the state of New York who\ndoes not hold both (i) a valid gunsmith license as provided in section\n400.00 of this chapter and (ii) a valid federal firearms license, is\nguilty of a class A misdemeanor.\n  * NB Effective August 25, 2026\n