N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Safety / ARTICLE Firearms and Other Dangerous Weapons
New York Consolidated Laws

N.Y. Penal Law § 265.12 (2026)

Criminal sale of a firearm in the second degree

✓ current as of May 2026
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§ 265.12 Criminal sale of a firearm in the second degree.
  A person is guilty of criminal sale of a firearm in the second degree
when such person:
  (1) unlawfully sells, exchanges, gives or disposes of to another five
or more firearms; or
  (2) unlawfully sells, exchanges, gives or disposes of to another
person or persons a total of two or more firearms in a period of not
more than one year.
  Criminal sale of a firearm in the second degree is a class C felony.
Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 1998–2024 · leading case: People v. Brown, 788 N.E.2d 1030 (N.Y. 2003).
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People v. Brown, 788 N.E.2d 1030 (N.Y. 2003). · cites it 5× “13) and criminal sale of a firearm in the second degree (Penal Law § 265.12). 1 Defendant then moved pursuant to CPL 330.”
People v. Brown, 179 Misc. 2d 279 (N.Y. Sup. Ct. 1998). “) Penal Law § 265.12 provides: “A person is guilty of a criminal sale of a firearm in the second degree when he unlawfully sells, exchanges, gives or disposes of to another ten or more firearms.”
People v. Pointer, 2024 NY Slip Op 06430 (N.Y. App. Div. 2024). · cites it 2× “As an alternative holding, contrary to defendant's contention, the statutory provision in effect at the time expressly authorized the aggregation of firearms sold in different transactions to meet the statutory threshold, as it criminalized the sale of "a total of five or more…”
People v. Olivo-Feliz, 2022 NY Slip Op 34829(U) (2022). “04[5][i]); criminal sale of a firearm in the second degree (Penal Law§ 265.12[1]); two counts of criminal possession of a weapon in the second degree (Penal Law§ 265.”
People v. Olivo-Feliz, 2022 NY Slip Op 34828(U) (2022). “04[5][i]); criminal sale of a firearm in the second degree (Penal Law§ 265.12[1]); two counts of criminal possession of a weapon in the second degree (Penal Law§ 265.”
People v. Olivo-Feliz, 2022 NY Slip Op 34826(U) (2022). “04[5][i]); criminal sale of a firearm/ in the second degree (Penal Law § 265.12[1 ]); two counts of criminal possession of a weapon in the second degree (Penal Law§ 265.”
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