New York statute
N.Y. Penal Law § 265.38 — Unlawful sale of a non-microstamping-enabled firearm
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 265: Firearms and Other Dangerous Weapons, New York Penal Law.
Full text of N.Y. Penal Law § 265.38
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
* § 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)
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