NYSentencing

§ 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,  Kung  Fu  star,  chuka  stick,  sandbag,  sandclub  or
slungshot is guilty of a class A misdemeanor.
(As amended by L.2019 c. 34 effective 05/30/19.)
(As amended by L.2019 c.130 effective 07/29/19.)
(As amended by L.2019 c.146 effective 11/01/19.)

  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, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a
class A misdemeanor.
(As amended by L.2019 c.34 effective 05/30/19.)
(As amended by L.2019 c.130 effective 07/29/19.)
(As amended by L.2019 c.146 effective 11/01/19.)

  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.
(As amended by L.2019 c.130 effective 07/29/19.)

  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,  appli-
ances  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.
(As amended by L.2022 c.212 effective 09/04/22.)

  8. Any person, dealer, firm, partnership  or  corporation  who  inten-
tionally  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.
(As amended by L.2022 c.112 effective 11/01/21.)
(Subd. 8 added by L.2021 c.518 effective 11/01/21.)

  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.
(Added by L.2022 c.205 effective 06/06/22.)
with Argument