Understanding the Three Degrees of Charges for the Criminal Sale of a Firearm.

Being charged with the criminal sale of a firearm in New York State is a serious felony offense that can carry years of prison time—even for first-time offenders. Whether you’ve been accused of selling a firearm illegally, transferring a gun without proper paperwork, or unintentionally breaking the law, understanding the charges against you is the first step in protecting your rights.

If you are charged with criminal sale of a firearm, here are the three degrees that you could be charged with.

What is criminal sale of a firearm in the third degree?

https://www.nysenate.gov/legislation/laws/PEN/265.11

Criminal sale of a firearm in the third degree is a class D felony according to New York State Penal code 265.11. You are guilty of this charge:

• If you are not allowed to own a gun and you sell, exchange, or disposes of a firearm or large capacity ammunition feeding device to another person.
• If you possess a firearm with the intent to sell it and are not allowed to own a gun.

If you are charged with criminal sale of a firearm in the third degree, you could face fines and up to seven years in prison.

What is criminal sale of a firearm in the second degree?

https://www.nysenate.gov/legislation/laws/PEN/265.12

Criminal sale of a firearm in the second degree is a class C felony according to New York State Penal code 265.12. You are guilty of this charge:

• If you unlawfully sell, exchange, give or dispose of five or more firearms.
• If you unlawfully sell, exchange, give or dispose a total of two or more firearms in a one-year period to another person or group of people.

If you are charged with criminal sale of a firearm in the second degree, you could face a fine and a minimum of 3.5 years in prison with a maximum of 15 years.

What is criminal sale of a firearm in the first degree?

https://www.nysenate.gov/legislation/laws/PEN/265.13

Criminal sale of a firearm in the first degree is a class B felony according to New York State Penal code 265.13. You are guilty of this charge:

• If you unlawfully sell, exchange, give or dispose of ten or more firearms
• If you unlawfully sell, exchange, give or dispose of three or more firearms in a one-year period to another person or group of people.

If you are charged with criminal sale of a firearm in the first degree, you could face a fine up to $30,000 and a maximum of 25 years in prison.