Penal Law § 265.38

Unlawful sale of a non-microstamping-enabled firearm · as in force on May 31, 2026

* § 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)

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/265.38

In plain English

(1) A firearms dealer licensed under § 400.00 may not sell, offer, exchange, give, transfer, or deliver a semiautomatic pistol unless it is verified as microstamping-enabled; pistols made before the section’s effective date are excluded. ★
(2)(a) A first violation carries a fine of no more than $500 and may suspend or revoke the dealer’s license.
(2)(b) A second violation carries a fine of no more than $5,000 and may suspend or revoke the license.
(2)(c) A third violation is a class A misdemeanor and must suspend or revoke the license.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.