New York Consolidated Laws

N.Y. Penal Law § 265.11 (2026)

Criminal sale of a firearm in the third degree

✓ current as of May 2026

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§ 265.11 Criminal sale of a firearm in the third degree.
  A person is guilty of criminal sale of a firearm in the third degree
when such person is not authorized pursuant to law to possess a firearm
and such person unlawfully either:
  (1) sells, exchanges, gives or disposes of a firearm or large capacity
ammunition feeding device to another person; or
  (2) possesses a firearm with the intent to sell it.
  Criminal sale of a firearm in the third degree is a class D felony.

Notes of Decisions

Cited in 18 cases (6 in the last 5 years), 1990–2025 · leading case: People v. Brice, 146 A.D.3d 1152 (N.Y. App. Div. 2017).

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People v. Brice, 146 A.D.3d 1152 (N.Y. App. Div. 2017). “In the course of his plea, defendant reserved the right to challenge the underlying statute on the ground of federal preemption, asserting that the statute was thus unconstitutional, and further reserved the issue whether he was an “authorized person” within the meaning of Penal…”

Camarano v. Irvin, 902 F. Supp. 358 (S.D.N.Y. 1994). · cites it 4× “), convicting him after a jury trial of criminal sale of a firearm in the second degree, see N.Y. Penal Law § 265.11 (2) (McKinney 1989), and three counts of criminal possession of a weapon in the third degree.”

People v. Brown, 788 N.E.2d 1030 (NY 2003). “10), two counts of criminal sale of a firearm in the third degree (Penal Law § 265.11), and 19 counts of criminal possession of a weapon in the third degree (Penal Law § 265.”

People v. Zodda, 153 Misc. 2d 94 (N.Y. Sup. Ct. 1991). · cites it 5× “” Initially the court will address those counts of the indictment charging criminal sale of a firearm in the second degree under subdivision (1) of Penal Law § 265.11, a class E felony. Penal Law § 265.”

People v. Quinones, 11 Misc. 3d 582 (N.Y. Sup. Ct. 2005). “Under a separate indictment defendant was charged with three counts of criminal sale of a firearm in the third degree (Penal Law § 265.11 [1]). After his sentencing in the instant case, defendant pleaded guilty to a single count of criminal sale of a firearm in the third degree…”

People v. Teribury, 229 A.D.2d 829 (N.Y. App. Div. 1996). “The second was an erroneous statement which indicated the charge of "criminal possession of a weapon” rather than "criminal sale of a firearm”, although the indictment correctly referred to a violation of Penal Law § 265.11 (1). A motion was thus successfully made to County…”

People v. Cole, 114 A.D.3d 869 (N.Y. App. Div. 2014). “21), and one count of criminal sale of a firearm in the second degree (see Penal Law § 265.11). The defendant was sentenced to five indeterminate terms of imprisonment of 25 years to life for the convictions of criminal sale of a controlled substance in the first degree and one…”

People v. Imran, 193 Misc. 2d 746 (N.Y. City Crim. Ct. 2002). “(Penal Law § 265.11 [1].) At his arraignment on October 11, 2002, a judge set bail at $500,000 cash or insurance company bond.”

People v. Owens, 164 Misc. 2d 239 (N.Y. Sup. Ct. 1994). · cites it 11× “(Penal Law § 265.11 [1].) The controversy arises from the characterization of who is a person "not authorized pursuant to law to possess a firearm”.”

People v. Nance, 146 Misc. 2d 971 (N.Y. Sup. Ct. 1990). · cites it 3× “02 [4]) and criminal sale of a firearm in the second degree (Penal Law § 265.11 [2]). II. EFFECT OF TRIAL ORDER OF DISMISSAL A trial order of dismissal may be entered: (a) during the course of trial, and (b) after a jury verdict.”

Laboriel v. Lee (2d Cir. 2022). “12 (2)), six counts of third-degree criminal sale of a firearm ( N.Y. Penal Law § 265.11 (1)), and four counts of second-degree criminal possession of a loaded weapon ( N.”

Reyes v. Superintendent LaManna (S.D.N.Y. 2024). “39 ), third-degree firearm sale ( N.Y. Penal Law § 265.11 ), attempted second-degree weapon possession ( N.”

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— N.Y. Penal Law § 265.11(2) — 1 case

Camarano v. Irvin, 902 F. Supp. 358 (S.D.N.Y. 1994). “), convicting him after a jury trial of criminal sale of a firearm in the second degree, see N.Y. Penal Law § 265.11 (2) (McKinney 1989), and three counts of criminal possession of a weapon in the third degree.”

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