New York Consolidated Laws

N.Y. Penal Law § 265.13 (2026)

Criminal sale of a firearm in the first degree

✓ current as of May 2026

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§ 265.13 Criminal sale of a firearm in the first degree.
  A person is guilty of criminal sale of a firearm in the first degree
when such person:
  (1) unlawfully sells, exchanges, gives or disposes of to another ten
or more firearms; or
  (2) unlawfully sells, exchanges, gives or disposes of to another
person or persons a total of three or more firearms in a period of not
more than one year.
  Criminal sale of a firearm in the first degree is a class B felony.

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 1998–2025 · leading case: People v. Brown, 788 N.E.2d 1030 (NY 2003).

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People v. Brown, 788 N.E.2d 1030 (NY 2003). · cites it 4× “Following an undercover investigation of an illegal gun selling ring, defendant was charged with and a jury convicted him of various crimes, including one count each of criminal sale of a firearm in the first degree (Penal Law § 265.13) and criminal sale of a firearm in the…”

People v. Jones, 32 N.Y.3d 1146 (NY 2018). “He also pleaded guilty to a severed charge of criminal sale of a firearm in the first degree (Penal Law § 265.13 [1]). A third codefendant was convicted of grand larceny in the third and fourth degree (Penal Law §§ 155.”

People v. Brown, 287 A.D.2d 404 (N.Y. App. Div. 2001). “In their cross appeal, the People argue that the trial court erred in setting aside defendant’s convictions for first and second-degree sale of a firearm (Penal Law §§ 265.13, 265.12). These statutes require the sale of 20 or 10 guns, respectively, and it is undisputed that none…”

People v. Brown, 179 Misc. 2d 279 (N.Y. Sup. Ct. 1998). · cites it 3× “30 to set aside the verdict of guilty on the two counts — criminal sale of a firearm in the first and second degrees (Penal Law §§ 265.13, 265.12) — on the ground that the People failed to make a prima facie showing that defendant committed either of those crimes.”

People v. Holmes-Austin, 2025 NY Slip Op 03021 (N.Y. App. Div. 2025). · cites it 3× “05[1]), criminal sale of a firearm in the first degree (Penal Law § 265.13[2]), 34 counts of criminal sale of a firearm in the third degree (Penal Law § 265.”

Jenkins v. Capra (S.D.N.Y. 2024). · cites it 2× “Here, the object crime of the conspiracy, as charged in the indictment, was Criminal Sale of a Weapon in the First Degree, a Class B felony based on the theory that Jenkins and his co-conspirators intended to unlawfully sell ten or more firearms in violation of N.Y. Penal Law §…”

People v. Olivo-Feliz, 2022 NY Slip Op 34826(U) (2022). “13[2]&[3]); and one count of criminal possession of a weapon (Penal Law§ 265.”

— N.Y. Penal Law § 265.13(1) — 1 case

Jenkins v. Capra (S.D.N.Y. 2024). “Here, the object crime of the conspiracy, as charged in the indictment, was Criminal Sale of a Weapon in the First Degree, a Class B felony based on the theory that Jenkins and his co-conspirators intended to unlawfully sell ten or more firearms in violation of N.Y. Penal Law §…”

— N.Y. Penal Law § 265.13(2) — 1 case

People v. Holmes-Austin, 2025 NY Slip Op 03021 (N.Y. App. Div. 2025). “05[1]), criminal sale of a firearm in the first degree (Penal Law § 265.13[2]), 34 counts of criminal sale of a firearm in the third degree (Penal Law § 265.”

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