Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances

§ 265.10 Manufacture, transport, disposition and defacement of weapons

and dangerous instruments and appliances.

1. Any person who manufactures or causes to be manufactured any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised gun is guilty of a class D felony. Any person who manufactures
or causes to be manufactured any rapid-fire modification device is
guilty of a class E felony. Any person who manufactures or causes to be
manufactured any switchblade knife, pilum ballistic knife, metal knuckle
knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or
slungshot is guilty of a class A misdemeanor.

2. Any person who transports or ships any machine-gun, firearm
silencer, assault weapon or large capacity ammunition feeding device or
disguised gun, or who transports or ships as merchandise five or more
firearms, is guilty of a class D felony. Any person who transports or
ships any rapid-fire modification device is guilty of a class E felony.
Any person who transports or ships as merchandise any firearm, other
than an assault weapon, switchblade knife, pilum ballistic knife,
undetectable knife, billy, blackjack, bludgeon, plastic knuckles, metal
knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a
class A misdemeanor.

3. Any person who disposes of any machine-gun, assault weapon, large
capacity ammunition feeding device or firearm silencer is guilty of a
class D felony. Any person who disposes of any rapid-fire modification
device is guilty of a class E felony. Any person who knowingly buys,
receives, disposes of, or conceals a machine-gun, firearm, large
capacity ammunition feeding device, rifle or shotgun which has been
defaced for the purpose of concealment or prevention of the detection of
a crime or misrepresenting the identity of such machine-gun, firearm,
large capacity ammunition feeding device, rifle or shotgun is guilty of
a class D felony.

4. Any person who disposes of any of the weapons, instruments or
appliances specified in subdivision one of section 265.01, except a
firearm, is guilty of a class A misdemeanor, and he is guilty of a class
D felony if he has previously been convicted of any crime.

5. Any person who disposes of any of the weapons, instruments,
appliances or substances specified in section 265.05 to any other person
under the age of sixteen years is guilty of a class A misdemeanor.

6. Any person who wilfully defaces any machine-gun, large capacity
ammunition feeding device or firearm is guilty of a class D felony.

7. Any person, other than a wholesale dealer, or gunsmith or dealer in
firearms duly licensed pursuant to section 400.00 of this chapter,
lawfully in possession of a firearm or semiautomatic rifle, who disposes
of the same without first notifying in writing the licensing officer in
the city of New York and counties of Nassau and Suffolk and elsewhere in
the state the executive department, division of state police, Albany, is
guilty of a class A misdemeanor.

8. Any person, dealer, firm, partnership or corporation who
intentionally designs or transforms a firearm, rifle, shotgun or
machine-gun to resemble a toy gun by either altering or concealing the
original color or surface of the gun with the purpose of selling such
weapon is guilty of a class D felony.

9. Any person who modifies a microstamping-enabled pistol or
microstamping component with the intent to prevent the production of a
microstamp is, for a first offense, guilty of a class B misdemeanor, and
for a second or subsequent offense, is guilty of a class A misdemeanor.
For the purposes of this subdivision, it shall not be unlawful to
replace the microstamping component of a microstamping-enabled pistol
when the component is damaged or in need of replacement with another
valid microstamping component for the safe use of the firearm or
replacing such pin for a legitimate sporting purpose that is only used
for that legitimate purpose.