Criminal Sale of a Firearm in the State of New York

In New York, thousands of illegal firearms are obtained each year from unlicensed street dealers, illegal transactions with licensed dealers, or through friends and family by a sale and/or theft. Recently, six individuals in New York City were formally charged after they illegally sold 74 guns to undercover police officers in and around New York City. The illegal sale of a firearm is a serious offense.

Criminal sale of a firearm: A first, second or third degree offense

Criminal sale of a firearm can be classified differently, resulting in more severe penalties for first or second degree offenses. One common characteristic among criminal sale of firearm offenses is the element requiring disposal of a firearm. Any type of transfer may subject the individual to a criminal sale offense. This includes selling, exchanging or simply disposing the firearm to another individual.

• Criminal sale of a firearm in the third degree. Criminal sale of a firearm in the third degree is the least serious of the three classifications. Any individual who unlawfully possesses a firearm will be charged for this offense if they:
  • Dispose of the firearm. Disposal of one or more firearms may subject an individual to a third degree offense.
  • Intend to sell the firearm. Any individual who possesses the firearm with the intent to sell the firearm at any point may be charged with a third degree offense.
• Criminal sale of a firearm in the second degree. As with a third degree offense, any individual who unlawfully disposes of a firearm may be charged with criminal sale of a firearm. It will rise to the level of second degree offense when they dispose of five or more firearms to a single individual or disposes of five or more firearms to a group of individuals in a one year period.
• Criminal sale of a firearm in the first degree. Criminal sale of a firearm in the first degree may be charged to any individual who disposes of ten or more firearms to a single individual or ten or more firearms.

Any individual charged with a first degree offense will face felony charges. Criminal sale of a firearm in the third degree is a class D felony.  If convicted of a third degree offense, an individual will face up to seven years of incarceration. Second degree offenses are classified as a class C felony. If convicted of this offense, an individual may face up to 15 years in prison.  Finally, criminal sale of a firearm in the first degree is classified as a class B felony and will subject an individual to a maximum of 25 years in prison.

It is important to note that the sentencing periods stated above are for those individuals with no prior convictions. The actual sentence may vary depending upon an individual’s criminal history.

Contact Us Today

If you or someone you know has been convicted of criminal sale of a firearm, you need to speak with an attorney. For an initial consultation, contact the law office of Phillip J. Murphy in Rockland County today.