New York criminal charge
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances in New York
Current through 2026 New York legislative session
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances is a criminal offense under New York law, defined by N.Y. Penal Law § 265.10. Its classification is not fixed: New York assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.Y. Penal Law § 265.10.
What is the penalty for manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 7 years (Manufacture — machine-gun/assault weapon/large capacity feeding device/disguised gun (or ghost gun etc. post-2026) — Manufacturing a machine-gun, assault weapon, large capacity ammunition feeding device, or disguised gun.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Manufacture — machine-gun/assault weapon/large capacity feeding device/disguised gun (or ghost gun etc. post-2026) — Manufacturing a machine-gun, assault weapon, large capacity ammunition feeding device, or disguised gun.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 4 years (Manufacture — rapid-fire modification device — Manufacturing a rapid-fire modification device.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 1½–4 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Manufacture — rapid-fire modification device — Manufacturing a rapid-fire modification device.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 364 days (Manufacture — knives and other listed instruments — Manufacturing specified knives, clubs, or other listed weapons/instruments.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Manufacture — knives and other listed instruments — Manufacturing specified knives, clubs, or other listed weapons/instruments.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 7 years (Transport/shipping — machine-gun/silencer/assault weapon/large capacity feeding device/disguised gun or 5+ firearms — Transporting/shipping specified serious weapons or shipping five or more firearms as merchandise.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Transport/shipping — machine-gun/silencer/assault weapon/large capacity feeding device/disguised gun or 5+ firearms — Transporting/shipping specified serious weapons or shipping five or more firearms as merchandise.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 4 years (Transport/shipping — rapid-fire modification device — Transporting or shipping a rapid-fire modification device.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 1½–4 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Transport/shipping — rapid-fire modification device — Transporting or shipping a rapid-fire modification device.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 364 days (Transport/shipping — firearm merchandise (other than assault weapon) or listed knives/clubs — Shipping/transporting as merchandise a firearm (other than assault weapon) or the listed knives/clubs.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Transport/shipping — firearm merchandise (other than assault weapon) or listed knives/clubs — Shipping/transporting as merchandise a firearm (other than assault weapon) or the listed knives/clubs.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 7 years (Disposal — machine-gun/assault weapon/large capacity feeding device/firearm silencer — Disposing of a machine-gun, assault weapon, large capacity ammunition feeding device, or firearm silencer.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Disposal — machine-gun/assault weapon/large capacity feeding device/firearm silencer — Disposing of a machine-gun, assault weapon, large capacity ammunition feeding device, or firearm silencer.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 4 years (Disposal — rapid-fire modification device — Disposing of a rapid-fire modification device.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 1½–4 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Disposal — rapid-fire modification device — Disposing of a rapid-fire modification device.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 364 days (Disposal — weapons under 265.01(1), first offense — Disposing of weapons/instruments listed in section 265.01(1), other than a firearm, with no prior criminal conviction.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Disposal — weapons under 265.01(1), first offense — Disposing of weapons/instruments listed in section 265.01(1), other than a firearm, with no prior criminal conviction.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 7 years (Disposal — weapons under 265.01(1), prior conviction — Disposing of weapons/instruments listed in section 265.01(1), other than a firearm, by a person previously convicted of any crime.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Disposal — weapons under 265.01(1), prior conviction — Disposing of weapons/instruments listed in section 265.01(1), other than a firearm, by a person previously convicted of any crime.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 364 days (Disposal to minor under sixteen — Disposing of weapons/instruments/substances specified in section 265.05 to a person under sixteen.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Disposal to minor under sixteen — Disposing of weapons/instruments/substances specified in section 265.05 to a person under sixteen.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 7 years (Willful defacement of machine-gun/large capacity feeding device/firearm — Willfully defacing a machine-gun, large capacity ammunition feeding device, or firearm.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Willful defacement of machine-gun/large capacity feeding device/firearm — Willfully defacing a machine-gun, large capacity ammunition feeding device, or firearm.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 364 days (Disposal without notifying licensing officer — A person lawfully possessing a firearm or semiautomatic rifle disposes of it without first notifying the licensing officer as required, unless a licensed dealer/gunsmith.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Disposal without notifying licensing officer — A person lawfully possessing a firearm or semiautomatic rifle disposes of it without first notifying the licensing officer as required, unless a licensed dealer/gunsmith.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
| Jail / prison | up to 7 years (Toy-gun resemblance design/transformation — Intentionally designing or transforming a firearm, rifle, shotgun, or machine-gun to resemble a toy gun for sale.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Toy-gun resemblance design/transformation — Intentionally designing or transforming a firearm, rifle, shotgun, or machine-gun to resemble a toy gun for sale.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
| Jail / prison | up to 364 days (Microstamping modification — second or subsequent offense — Modifying a microstamping-enabled pistol/component to prevent microstamp production, on a second or subsequent offense.; definite sentence (PEN 70.15(1); any statutory reference to one year is applied as 364 days per PEN 70.15(1-a)); probation of 2 or 3 years available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $1,000 (Microstamping modification — second or subsequent offense — Modifying a microstamping-enabled pistol/component to prevent microstamp production, on a second or subsequent offense.; or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
Applies to current.
How is manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances classified in New York?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Manufacture — machine-gun/assault weapon/large capacity feeding device/disguised gun (or ghost gun etc. post-2026) | Class D Felony | Manufacturing a machine-gun, assault weapon, large capacity ammunition feeding device, or disguised gun. | N.Y. Penal Law § 265.10undefined |
| Manufacture — rapid-fire modification device | Class E Felony | Manufacturing a rapid-fire modification device. | N.Y. Penal Law § 265.10undefined |
| Manufacture — knives and other listed instruments | Class A Misdemeanor | Manufacturing specified knives, clubs, or other listed weapons/instruments. | N.Y. Penal Law § 265.10undefined |
| Transport/shipping — machine-gun/silencer/assault weapon/large capacity feeding device/disguised gun or 5+ firearms | Class D Felony | Transporting/shipping specified serious weapons or shipping five or more firearms as merchandise. | N.Y. Penal Law § 265.10undefined |
| Transport/shipping — rapid-fire modification device | Class E Felony | Transporting or shipping a rapid-fire modification device. | N.Y. Penal Law § 265.10undefined |
| Transport/shipping — firearm merchandise (other than assault weapon) or listed knives/clubs | Class A Misdemeanor | Shipping/transporting as merchandise a firearm (other than assault weapon) or the listed knives/clubs. | N.Y. Penal Law § 265.10undefined |
| Disposal — machine-gun/assault weapon/large capacity feeding device/firearm silencer | Class D Felony | Disposing of a machine-gun, assault weapon, large capacity ammunition feeding device, or firearm silencer. | N.Y. Penal Law § 265.10undefined |
| Disposal — rapid-fire modification device | Class E Felony | Disposing of a rapid-fire modification device. | N.Y. Penal Law § 265.10undefined |
| Disposal — weapons under 265.01(1), first offense | Class A Misdemeanor | Disposing of weapons/instruments listed in section 265.01(1), other than a firearm, with no prior criminal conviction. | N.Y. Penal Law § 265.10undefined |
| Disposal — weapons under 265.01(1), prior conviction | Class D Felony | Disposing of weapons/instruments listed in section 265.01(1), other than a firearm, by a person previously convicted of any crime. | N.Y. Penal Law § 265.10undefined |
| Disposal to minor under sixteen | Class A Misdemeanor | Disposing of weapons/instruments/substances specified in section 265.05 to a person under sixteen. | N.Y. Penal Law § 265.10undefined |
| Willful defacement of machine-gun/large capacity feeding device/firearm | Class D Felony | Willfully defacing a machine-gun, large capacity ammunition feeding device, or firearm. | N.Y. Penal Law § 265.10undefined |
| Disposal without notifying licensing officer | Class A Misdemeanor | A person lawfully possessing a firearm or semiautomatic rifle disposes of it without first notifying the licensing officer as required, unless a licensed dealer/gunsmith. | N.Y. Penal Law § 265.10undefined |
| Toy-gun resemblance design/transformation | Class D Felony | Intentionally designing or transforming a firearm, rifle, shotgun, or machine-gun to resemble a toy gun for sale. | N.Y. Penal Law § 265.10undefined |
| Microstamping modification — second or subsequent offense | Class A Misdemeanor | Modifying a microstamping-enabled pistol/component to prevent microstamp production, on a second or subsequent offense. | N.Y. Penal Law § 265.10undefined |
Common questions about manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances in New York
How is manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances classified in New York?
It depends on the circumstances: manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances ranges from a Class A Misdemeanor to a Class D Felony in New York under N.Y. Penal Law § 265.10.
Manufacture — machine-gun/assault weapon/large capacity feeding device/disguised gun (or ghost gun etc. post-2026): Class D Felony (N.Y. Penal Law § 265.10) · Manufacture — rapid-fire modification device: Class E Felony (N.Y. Penal Law § 265.10) · Manufacture — knives and other listed instruments: Class A Misdemeanor (N.Y. Penal Law § 265.10) · Transport/shipping — machine-gun/silencer/assault weapon/large capacity feeding device/disguised gun or 5+ firearms: Class D Felony (N.Y. Penal Law § 265.10) · Transport/shipping — rapid-fire modification device: Class E Felony (N.Y. Penal Law § 265.10) · Transport/shipping — firearm merchandise (other than assault weapon) or listed knives/clubs: Class A Misdemeanor (N.Y. Penal Law § 265.10) · Disposal — machine-gun/assault weapon/large capacity feeding device/firearm silencer: Class D Felony (N.Y. Penal Law § 265.10) · Disposal — rapid-fire modification device: Class E Felony (N.Y. Penal Law § 265.10) · Disposal — weapons under 265.01(1), first offense: Class A Misdemeanor (N.Y. Penal Law § 265.10) · Disposal — weapons under 265.01(1), prior conviction: Class D Felony (N.Y. Penal Law § 265.10) · Disposal to minor under sixteen: Class A Misdemeanor (N.Y. Penal Law § 265.10) · Willful defacement of machine-gun/large capacity feeding device/firearm: Class D Felony (N.Y. Penal Law § 265.10) · Disposal without notifying licensing officer: Class A Misdemeanor (N.Y. Penal Law § 265.10) · Toy-gun resemblance design/transformation: Class D Felony (N.Y. Penal Law § 265.10) · Microstamping modification — second or subsequent offense: Class A Misdemeanor (N.Y. Penal Law § 265.10)
What are the penalties for manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances in New York?
Penalties for manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances in New York depend on how it is classified — from a Class A Misdemeanor up to a Class D Felony — with the ranges set by N.Y. Penal Law § 70.00 and N.Y. Penal Law § 70.15; the full table of ranges by variant is published on this page.
Which New York statute covers manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances?
Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances is governed by N.Y. Penal Law § 265.10 (Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.