New York Penal Law 265.13 Criminal Sale of a Firearm in the First Degree Lawyer
Criminal sale of a firearm in the first degree is the highest-degree firearm-sale charge in Article 265. It is charged when prosecutors allege unlawful sale, exchange, giving, or disposal of ten or more firearms, or a total of three or more firearms within a period of not more than one year.
What Prosecutors Must Prove
Article 265 charges are not all the same. The New York Criminal Jury Instructions and Penal Law separate weapon possession, firearm possession, firearm use, firearm sale, sensitive-location, ghost-gun, and degree-based allegations. The specific subdivision controls the defense.
- Unlawful sale, exchange, giving, or disposal of firearms.
- The required number of firearms: ten or more, or three or more within one year.
- Each item qualifies as a firearm under New York law.
- The accused is legally connected to each alleged transfer, not merely present or loosely associated.
- Informants, undercover officers, recordings, text messages, warrants, tracing, and chain of custody withstand challenge.
Example of How This Charge May Be Alleged
A first-degree firearm-sale case may be built from an extended investigation, multiple controlled buys, cooperating witnesses, surveillance, phone extractions, or alleged trafficking patterns. The defense must break the case into individual events and challenge the proof for each item and each claimed transfer.
Defense Issues
- Challenge transaction count, firearm count, and one-year timing.
- Dispute identity, participation, intent, and whether each transfer occurred.
- Attack informants, cooperators, undercover recordings, missing discovery, and benefits.
- Suppress phones, searches, statements, and location data.
- Prepare for state and federal exposure, forfeiture issues, and sentencing mitigation.
Evidence That Needs Immediate Review
Weapons and firearm cases often depend on body camera video, car-stop details, warrant papers, DNA, fingerprints, ballistics, operability testing, ammunition evidence, phone extractions, location data, confidential informants, undercover recordings, and statements. Early review can change how the case is charged, negotiated, or tried.
Lebedin Kofman LLP handles New York state weapon cases, federal firearm matters, serious felony defense, DWI-related weapon issues, and cases involving search warrants, vehicles, apartments, workplaces, and shared spaces.
Sentencing and Exposure
New York Penal Law 265.13 is listed as Class B felony. Actual exposure depends on the exact subdivision, prior record, violent-felony status, federal overlap, immigration or licensing concerns, bail posture, and whether the charge is tied to robbery, burglary, assault, drug trafficking, homicide, or another felony.
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Frequently Asked Questions
What makes firearm sale first degree?
Penal Law 265.13 requires ten or more firearms, or three or more firearms within not more than one year.
Why is early defense important in firearm-sale cases?
The government often builds these cases over time with informants, recordings, and warrants. Early defense work can identify weak links, suppression issues, and unreliable witnesses.
Speak With a New York Weapons Defense Lawyer
If you are charged, under investigation, or worried about a weapon, firearm, ghost-gun, search-warrant, or firearm-sale allegation, contact defense counsel before speaking with law enforcement.
Prior results do not guarantee a similar outcome. This page provides general information only and is not legal advice. Every case must be evaluated on its own facts and circumstances.
Why People Call Lebedin Kofman LLP
When a criminal allegation, DWI arrest, federal investigation, Title IX matter, or high-stakes accusation can affect your freedom, license, job, education, immigration status, or reputation, you should be able to speak with a defense lawyer quickly and get a clear plan.
- Speak with a lawyer about an arrest, investigation, court date, order of protection, license consequence, or federal exposure.
- Get early guidance before speaking with police, prosecutors, school investigators, insurers, agencies, or employers.
- Review defense options including dismissal, reduction, suppression issues, trial posture, negotiation strategy, and collateral consequences.