Penal Law § 265.38 · Article 265. Firearms and Other Dangerous Weapons
Unlawful sale of a non-microstamping-enabled firearm
Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
* § 265.38 Unlawful sale of a non-microstamping-enabled firearm.
1. It shall be unlawful for any dealer in firearms licensed under section 400.00 of this chapter, to sell, offer for sale, exchange, give, transfer or deliver any semiautomatic pistol unless such pistol has been verified as a microstamping-enabled pistol. A pistol may be verified as microstamping-enabled if it contains a microstamp component installed by its manufacturer or by a state licensed person, association, partnership, corporation, or other entity in compliance with state standards established by the commissioner of the division of criminal justice services or their designee. The provisions of this section shall not apply to a pistol manufactured prior to the effective date of this section.
2. (a) The first violation for unlawful sale of a non-microstamping-enabled pistol pursuant to this section shall be punishable only by a fine of not more than five hundred dollars and may result in a suspension or revocation of the dealer's license issued under section 400.00 of this chapter.
(b) The second violation for unlawful sale of a non-microstamping-enabled pistol pursuant to this section shall be punishable only by a fine of not more than five thousand dollars and may result in a suspension or revocation of the dealer's license issued under section 400.00 of this chapter.
(c) The third violation for unlawful sale of a non-microstamping-enabled pistol pursuant to this section is a class A misdemeanor and shall result in a suspension or revocation of the dealer's license issued under section 400.00 of this chapter.
* NB Effective per requirements in § 5 of chapter 205/2022 (see chapter)
Source of truth
- Edition
- Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/PEN265.38
- Text hash
- sha256 23bc55e32aaa2914d5607c4486574ff6ab4735b1802bb7123b2eef6546b07775
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
- The Senate's note "Effective per requirements in § 5 of chapter 205/2022 (see chapter)": the text's effect turns on a condition, not a date; each text is printed.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.