This text of New York § 265.38 (Unlawful sale of a non-microstamping-enabled firearm) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
* § 265.38 Unlawful sale of a non-microstamping-enabled firearm.\n 1. It shall be unlawful for any dealer in firearms licensed under\nsection 400.00 of this chapter, to sell, offer for sale, exchange, give,\ntransfer or deliver any semiautomatic pistol unless such pistol has been\nverified as a microstamping-enabled pistol. A pistol may be verified as\nmicrostamping-enabled if it contains a microstamp component installed by\nits manufacturer or by a state licensed person, association,\npartnership, corporation, or other entity in compliance with state\nstandards established by the commissioner of the division of criminal\njustice services or their designee. The provisions of this section shall\nnot apply to a pistol manufactured prior to the effective date of this\nsection.\n 2.
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* § 265.38 Unlawful sale of a non-microstamping-enabled firearm.\n 1. It shall be unlawful for any dealer in firearms licensed under\nsection 400.00 of this chapter, to sell, offer for sale, exchange, give,\ntransfer or deliver any semiautomatic pistol unless such pistol has been\nverified as a microstamping-enabled pistol. A pistol may be verified as\nmicrostamping-enabled if it contains a microstamp component installed by\nits manufacturer or by a state licensed person, association,\npartnership, corporation, or other entity in compliance with state\nstandards established by the commissioner of the division of criminal\njustice services or their designee. The provisions of this section shall\nnot apply to a pistol manufactured prior to the effective date of this\nsection.\n 2. (a) The first violation for unlawful sale of a\nnon-microstamping-enabled pistol pursuant to this section shall be\npunishable only by a fine of not more than five hundred dollars and may\nresult in a suspension or revocation of the dealer's license issued\nunder section 400.00 of this chapter.\n (b) The second violation for unlawful sale of a\nnon-microstamping-enabled pistol pursuant to this section shall be\npunishable only by a fine of not more than five thousand dollars and may\nresult in a suspension or revocation of the dealer's license issued\nunder section 400.00 of this chapter.\n (c) The third violation for unlawful sale of a\nnon-microstamping-enabled pistol pursuant to this section is a class A\nmisdemeanor and shall result in a suspension or revocation of the\ndealer's license issued under section 400.00 of this chapter.\n * NB Effective per requirements in § 5 of chapter 205/2022 (see\nchapter)\n