New York Penal Law Sections 265.11, 265.12, and 265.13 establish three degrees of criminal firearm sale offenses. These statutes target the illegal distribution of firearms, from individual unauthorized sales to large-scale weapons trafficking. Each degree reflects an increasing level of culpability and volume of illegal sales, with correspondingly harsher penalties.[1]
Third Degree: PL 265.11 (Class D Felony)
Criminal sale of a firearm in the third degree under PL 265.11 is the base-level illegal sale offense. A person is guilty of this crime when he or she is not authorized pursuant to law to possess a firearm and unlawfully sells, exchanges, gives, or disposes of a firearm or a large capacity ammunition feeding device to another person.[2] The statute also covers possession of a firearm with the intent to sell it.
Criminal sale in the third degree is a Class D violent felony under PL 70.02, punishable by a determinate sentence of two to seven years in state prison.[3] This charge is distinct from lawful firearm transfers conducted through licensed dealers under GBL 898, which require a background check facilitated by a Federal Firearms License holder. A person who is not licensed as a dealer and sells even a single firearm to another person may face third-degree sale charges.
Second Degree: PL 265.12 (Class C Felony)
Criminal sale of a firearm in the second degree under PL 265.12 targets higher-volume illegal sales. A person is guilty of this offense when he or she unlawfully sells, exchanges, gives, or disposes of to another five or more firearms, or 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.[4]
Second-degree criminal sale is a Class C violent felony under PL 70.02, carrying a mandatory minimum determinate sentence of 3.5 years and a maximum of 15 years in state prison. Probation-only and suspended sentences are not available. The statute establishes two alternative thresholds: five or more firearms in any timeframe, or two or more firearms within a single year. This dual threshold distinguishes mid-level traffickers from individuals engaged in isolated illegal sales and captures both large-batch and repeated smaller-volume sales.[5]
First Degree: PL 265.13 (Class B Felony)
Criminal sale of a firearm in the first degree under PL 265.13 is the most serious illegal sale charge in New York. A person is guilty of this offense when he or she unlawfully sells, exchanges, gives, or disposes of to another ten or more firearms, or 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.[6]
First-degree criminal sale is a Class B felony, punishable by a determinate sentence of 5 to 25 years in state prison. This charge targets large-scale firearms trafficking operations and is frequently used in connection with federal investigations into interstate weapons smuggling, particularly along the "Iron Pipeline" corridor from southern states to New York City.[7]
Relationship to Other Offenses
Criminal sale charges under PL 265.11-265.13 may be prosecuted alongside possession charges under PL 265.01 through 265.04. A person found in possession of a large number of firearms with evidence of intent to distribute may face both first-degree possession (PL 265.04, ten or more firearms) and first-degree sale charges simultaneously. Additionally, illegal firearm sales may trigger federal prosecution under 18 U.S.C. 922 for dealing firearms without a license or unlawful interstate commerce in firearms.[8]
The criminal sale statutes also interact with PL 265.10, which addresses the broader category of manufacture, transport, disposition, and defacement of weapons. A person who transports firearms into New York for the purpose of unlawful sale may face charges under both PL 265.10 and the applicable degree of criminal sale.[1]
See also: New York Firearms Penalties Overview