* § 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 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)
New York Legal Code