What Constitutes Weapons Trafficking Under New York Law?

Thanks for visiting Spodek Law Group, a second-generation criminal defense firm managed by Todd Spodek, with over 50 years of combined experience defending firearms trafficking cases throughout New York. The line between a legal private gun sale and criminal weapons trafficking isn’t as clear as you’d think. Sell one handgun to the wrong person? That’s a class D felony under PL § 265.11. Sell ten firearms in one transaction? Class B felony under PL § 265.13, carrying up to 25 years. New York doesnt require proof of interstate commerce or federal firearms licenses – just proof that you sold, transferred, or purchased guns under circumstances the state considers trafficking.

The Three Degrees of Criminal Sale of a Firearm

New York Penal Law divides firearm trafficking into three degrees based on quantity, the buyer’s characteristics, and the circumstances of the sale.

Third Degree – PL § 265.11

This is the baseline trafficking offense. You commit criminal sale of a firearm in the third degree when you sell, exchange, give, or dispose of any firearm to another person. Period. Thats all prosecutors need to prove.

Class D felony – sentencing range of 2 to 7 years for a first offender. You dont need to sell multiple guns. You dont need to sell to a prohibited person. Just selling one firearm without complying with New York’s transfer requirements triggers this statute.

What Counts as a “Sale”?

The statute uses broad language – “sell, exchange, give, or dispose of.” That covers basically any transfer. Selling a gun to a friend? That’s covered. Trading a pistol for cash? Covered. Giving your nephew a rifle as a gift? Technically covered, though prosecutors usually dont charge family transfers unless there’s evidence of trafficking intent.

Second Degree – PL § 265.12

Second-degree adds an age element. You commit this offense when you sell a firearm to someone you know or have reasonable cause to believe is under 19 years old (or under 18 for long guns).

Class C felony – sentencing range of 3.5 to 15 years. The “reasonable cause to believe” language is key. Prosecutors dont need to prove you knew the buyer’s exact age. If you should have known they looked young, that’s enough. No ID check? That becomes evidence you had reasonable cause to believe they were underage.

First Degree – PL § 265.13

First-degree is the most serious state trafficking charge. You commit it when you sell ten or more firearms in a single transaction or as part of the same criminal episode.

Class B felony – 5 to 25 years. This targets large-scale traffickers. Prosecutors use “same criminal episode” language to bundle multiple sales over time if they can show they were part of one trafficking scheme. Sold three guns in January, four in March, five in June? If prosecutors can prove you planned all those sales as part of one operation, they charge first degree even though no single transaction involved ten guns

Straw Purchasing – PL § 265.17

Straw purchasing is when someone who can legally buy a gun purchases it on behalf of someone who cant – a prohibited person, someone avoiding background checks, someone from out of state. New York criminalizes both sides of the transaction under PL § 265.17.

What the Statute Prohibits

Conduct	What It Means	Classification
Straw purchase	Buying a firearm knowing you intend to transfer it to someone prohibited from possessing it	Class D felony
Disposing to evade laws	Transferring a gun to help someone avoid background checks or purchase restrictions	Class D felony
Falsifying records	Lying on background check forms about being the actual buyer	Class D felony

I’ve seen straw purchase prosecutions where the buyer and prohibited person walked into the gun store together. The prohibited person points to what he wants, the straw purchaser fills out paperwork, passes the check, buys the gun, and immediately hands it over outside. Textbook straw purchasing.

But I’ve also seen cases where someone legally bought a gun, then months later sold it to a friend who happened to be a felon. Prosecutors charged that as straw purchasing even though there was no intent to transfer at the time of purchase. The case fell apart because the statute requires intent at the time of purchase.

The “Engaged in the Business” Problem

Here’s where it gets complicated. Federal law has an exception for private sales – if your not “engaged in the business” of dealing firearms, you can sell from your personal collection without a federal firearms license. New York has no such exception. Any sale triggers PL § 265.11 unless you comply with New York’s transfer requirements.

What New York Requires for Legal Transfers

Private transfers must go through a licensed dealer who conducts a background check. Both parties appear at the dealer, who runs the check and transfers the gun if the buyer passes. The dealer keeps records.

Most people dont know this requirement. They sell a gun like they’d sell a car – hand it over, take cash, done. That’s criminal sale of a firearm under NY law.

Exemptions That Actually Exist

Transfers to spouses, domestic partners, and children are exempt. Antique firearms (manufactured before 1899) are exempt. Temporary transfers at shooting ranges or hunting trips are exempt. Everything else requires going through a licensed dealer.

Common Scenarios That Get Charged as Trafficking

Selling From Your Personal Collection

You own six handguns and decide to sell three to raise cash. You post them online, meet buyers, complete sales without going through a dealer. That’s three counts of criminal sale of a firearm in the third degree – class D felonies.

Out-of-State Purchases

You drive to Pennsylvania where gun laws are more relaxed. You buy five pistols at gun shows, bring them to New York, sell at a markup. That’s first-degree criminal sale – class B felony. This is part of the “Iron Pipeline” – guns purchased legally in states with loose regulations, then trafficked into New York where they command higher prices.

Selling to Prohibited Persons

Your friend has a felony conviction. He asks you to buy him a gun, offers $200 over cost. You buy it and transfer it to him. That’s straw purchasing under PL § 265.17. If prosecutors prove you knew he was prohibited, you’re also guilty under PL § 265.11.

What Prosecutors Must Prove

For criminal sale charges (PL § 265.11-265.13), prosecutors must prove you sold, exchanged, gave, or disposed of a firearm, that the object was actually a firearm under NY law, and that you acted knowingly. For second-degree, they must prove the buyer was under 19. For first-degree, they must prove ten or more firearms or a trafficking scheme.

For straw purchasing (PL § 265.17), prosecutors must prove you purchased with intent to transfer to someone you knew was prohibited. Intent at the time of purchase matters. If you bought for yourself and later decided to sell, that’s not straw purchasing – though it might still be criminal sale if you didnt go through a dealer.

What Spodek Law Group Does

We immediately examine whether prosecutors can prove each element. Did you actually “sell” the gun, or was it a temporary loan? Was it even a functional firearm under NY’s definition? We challenge knowledge and intent – for straw purchasing, we demand evidence showing you intended to transfer at the time of purchase.

If prosecutors claim you sold to a prohibited person, we demand proof you knew about their prohibition. Selling to someone with a decades-old felony doesn’t make you guilty if you didnt know. For first-degree charges based on “same criminal episode,” we attack the connection between sales months apart.

At Spodek Law Group, we’ve defended firearms trafficking cases ranging from single-gun sales to large-scale operations. You can reach us 24/7 at our offices throughout NYC and Long Island. When prosecutors claim you trafficked weapons, the elements matter – and your defense matters more.