NY · jury_instructions
CJI2d[NY] Penal Law § 265.12(2)
CRIMINAL SALE OF A FIREARM IN THE SECOND DEGREE (Two or more within one year)
The (specify) count is Criminal Sale of a Firearm in the Second Degree.
Under our law, a person is guilty of Criminal Sale of a Firearm in the Second Degree when that person knowingly³ and unlawfully sells, exchanges, gives, or disposes of to another person or persons a total of two or more firearms in a period of not more than one year.
The following terms used in that definition have a special meaning:
A FIREARM means any pistol or revolver.⁴
A person KNOWINGLY sells, exchanges, gives, or disposes of a total of two or more firearms to another when that person is aware that he or she is doing so.⁵
Under this count, a firearm need not be loaded but it must be operable. To be operable, a firearm must be capable of discharging ammunition. A person who sells, exchanges, gives, or disposes of a firearm is not required to know that the firearm is operable.⁶
A person UNLAWFULLY sells, exchanges, gives, or disposes of a total of two or more firearms to another when that person has no legal right to do so.⁷ Under our law, with certain exceptions not applicable here, a person has no legal right to sell, exchange, give, or dispose of a firearm.
DISPOSE OF means to dispose of, give away, lease, loan, keep for sale, offer for sale, sell, transfer and otherwise dispose of.⁸
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements:
1. That on or about (dates), in the county of (County) , the defendant, (defendant's name), sold, exchanged, gave, or disposed of a total of two or more firearms to another person or persons in a period of not more than one year; and
2. That the defendant did so knowingly and unlawfully; and
3. That [each] [at least two] of the firearms (was/were) operable.
If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.
History
Caption: CRIMINAL SALE OF A FIREARM IN THE SECOND DEGREE (Two or more within one year) Penal Law § 265.12(2) (Committed on or after May 9, 2022) (Revised July 2016, May 2022). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
c07324b74f1551e4925355b5d13cc3f23cd6129917171e8021e8ebb203caf89b
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