New York Penal Law § 265.16 – Criminal Sale of a Firearm to a Minor

Criminal Sale of a Firearm to a Minor is a New York law intended to restrict minors’ access to firearms. More specifically, under New York Penal Law § 265.16, it is a Class C felony for someone who is not licensed to possess a firearm or large capacity ammunition feeding device to sell, exchange, or give a firearm to a person who is (or appears to be) under 19 years and not permitted to possess a firearm. It is not required that the minor pay for the firearm. Just giving the minor a firearm violates this statute.

Before a judge or jury can convict someone of a crime, the government must prove each element of the offense beyond a reasonable doubt. The elements of the Criminal Sale of a Firearm to a Minor are:

• The defendant was not legally authorized to possess a firearm or large capacity ammunition feeding device;
• The defendant sold, gave away, exchanged or otherwise exchanged the firearm or large capacity ammunition feeding device to another person;
• The person receiving the firearm or large capacity ammunition feeding device was under 19 years old and not authorized to possess the gun or device; and
• The defendant knew he or she was transferring possession of the weapon or device.

Additionally, if the item is a firearm, the prosecution must prove that the firearm was operable; however, it doesn’t need to be loaded.

In this context, “firearm” refers to any type of handgun, including a revolver or pistol. Additionally, a “large capacity ammunition feeding device” includes and magazine, belt, drum, or feed strip capable of holding more than ten rounds.

Criminal Sale of a Firearm to a Minor is a rather specific offense that doesn’t come up all that often. However, one example of conduct that could give rise to these charges would be defendant who realizes they are prohibited from possessing a firearm and then gives their handgun to a family member who is under 19.

Often, prosecutors bring charges of Criminal Sale of a Firearm to a Minor along with one or more of the following:

• Criminal Sale of a Firearm in the Third Degree - N.Y. Penal Law § 265.11
• Criminal Sale of a Firearm in the Second Degree - N.Y. Penal Law § 265.12
• Criminal Sale of a Firearm in the First Degree - N.Y. Penal Law § 265.13
• Criminal Sale of a Semiautomatic Rifle - N.Y. Penal Law § 265.66
• Unlawful possession of weapons by persons under sixteen - N.Y. Penal Law § 265.05
• Criminal possession of a weapon in the fourth degree - N.Y. Penal Law § 265.01
• Criminal possession of a weapon in the third degree - N.Y. Penal Law § 265.02
• Criminal possession of a weapon in the second degree - N.Y. Penal Law § 265.03
• Criminal possession of a firearm - N.Y. Penal Law § 265.01-B
• Criminal possession of a rapid-fire modification device - N.Y. Penal Law § 265.01-C

There are several defenses to Criminal Sale of a Firearm to a Minor that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses include the following:

• Police officers violated your constitutional rights in taking a statement from the defendant;
• Police officers conducted an illegal search or seizure leading to the discovery of evidence of the sale or transfer;
• The weapon was an antique;
• The weapon was not operational; or
• You were legally authorized to transfer possession of the weapon.

Criminal Sale of a Firearm to a Minor is a Class C felony. In New York, Class C felony crimes carry a maximum sentence of up to 15 years in jail and a fine of up to $15,000.

If you’ve been arrested and charged with Criminal Sale of a Firearm to a Minor, it is imperative that you find a New York criminal defense attorney who will take your case as seriously as you do. At Tilem & Associates, P.C., we have decades of combined experience defending the rights of clients charged with all types of weapons offenses, including the illegal sale of a gun to a minor. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.