Statute:

Unlawful sale of a non-microstamping-enabled firearm

* § 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)

PEN 265.38 2022-06-10

Sections:

265. Firearms and other dangerous weapons
265.00 - Definitions.
265.01 - Criminal possession of a weapon in the fourth degree.
265.01-A Criminal possession of a weapon on school grounds.
265.01-B Criminal possession of a firearm.
265.01-C Criminal possession of a rapid-fire modification device
265.01-D Criminal Possession of a Weapon In a Restricted Location
265.01-E Criminal Possession of A Firearm, Rifle or Shotgun In a Sensitive Location.
265.02 - Criminal possession of a weapon in the third degree.
265.03 - Criminal possession of a weapon in the second degree.
265.04 - Criminal possession of a weapon in the first degree.
265.05 - Unlawful possession of weapons by persons under sixteen.
265.06 - Unlawful possession of a weapon upon school grounds.
265.07 - Gunsmith Fails to Serialize Firearm, Frame or Receiver
265.08 - Criminal use of a firearm in the second degree.
265.09 - Criminal use of a firearm in the first degree.
265.10 - Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.
265.11 - Criminal sale of a firearm in the third degree.
265.12 - Criminal sale of a firearm in the second degree.
265.13 - Criminal sale of a firearm in the first degree.
265.14 - Criminal sale of a firearm with the aid of a minor.
265.15 - Presumptions of possession, unlawful intent and defacement.
265.16 - Criminal sale of a firearm to a minor.
265.17 - Criminal purchase of a weapon.
265.19 Aggravated criminal possession of a weapon.
265.20 - Exemptions.
265.25 - Certain wounds to be reported.
265.26 - Burn injury and wounds to be reported.
265.30 - Certain convictions to be reported.
265.35 - Prohibited use of weapons.
265.36 Unlawful possession of a large capacity ammunition feeding device. Repeal Date: 09/04/2022
265.37 Unlawful possession of certain ammunition feeding devices.
265.38 - Unlawful sale of a non-microstamping-enabled firearm
265.40 - Purchase of rifles and/or shotguns in contiguous states.
265.45 Safe storage of rifles, shotguns, and firearms.
265.50 - Criminal manufacture, sale, or transport of an undetectable
265.50*2 - Failure to safely store rifles, shotguns, and firearms in the second degree
265.55 - Criminal possession of an undetectable firearm, rifle or shotgun
265.60 - Criminal sale of a ghost gun in the second degree.
265.61 - Criminal sale of a ghost gun in the first degree.
265.63 - Criminal sale of a frame or receiver in the second degree.
265.64 - Criminal sale of a frame or receiver in the first degree.
265.65 - Criminal purchase of a semiautomatic rifle
265.66 - Criminal sale of a semiautomatic rifle.

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