New York Sale Of Weapons Without Safety Locking Device Prohibited.
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§ 10-311 Sale of weapons without safety locking device prohibited.
a. It shall be unlawful for any person or business enterprise to
dispose of any weapon which does not contain a safety locking device.
For the purposes of this section and section 10-312: (1) weapon shall
mean a firearm, rifle, shotgun, or assault weapon, as such terms are
defined in section 10-301; or a machine gun, as defined in the penal
law; and (2) a safety locking device shall mean a design adaptation or
attachable accessory that will prevent the use of the weapon by an
unauthorized user, and includes, but is not limited to, a trigger lock,
which prevents the pulling of the trigger without the use of a key, or a
combination handle, which prevents the use of the weapon without the
alignment of the combination tumblers.
b. It shall be unlawful for any licensed manufacturer, licensed
importer, or licensed dealer to dispose of any weapon in the city of New
York unless it is accompanied by the following warning, which shall
appear in conspicuous and legible type in capital letters, and which
shall be printed on a label affixed to the weapon and on a separate
sheet of paper included within the packaging enclosing the weapon:
"THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE
ASPECT OF RESPONSIBLE WEAPON STORAGE. ALL WEAPONS SHOULD
BE STORED UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH
SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO
CHILDREN AND ANY OTHER UNAUTHORIZED PERSONS."
c. Any person who applies for and obtains authorization to purchase a
weapon or otherwise lawfully obtains a weapon pursuant to chapters one
or three of title ten of this code shall be required to purchase or
obtain a safety locking device at the time he or she purchases or
obtains the weapon.
d. (1) The police commissioner is authorized to promulgate rules
setting forth the types of safety locking devices which will comply with
this section in accordance with subdivision a of this section. The city
of New York and its agencies, officers or employees shall not be liable
to any party by reason of any incident involving, or the use or misuse
of, a safety locking device that may have been purchased in compliance
with such rules promulgated by the commissioner.
(2) The police commissioner shall provide written notice of the
requirements of this section and section 10-312 to all persons who
receive an official authorization to purchase a weapon and all persons
applying for renewal of a license or permit issued pursuant to chapters
one or three of title ten, including any rules promulgated under this
subdivision. All persons applying for a license or permit or applying
for the renewal of a license or permit pursuant to chapters one or three
of title ten of this code, shall receive from the commissioner
information concerning the importance of using a safety locking device
while a weapon is not in use, and a warning that weapons should be
stored unloaded and locked in a location that is both separate from
their ammunition and inaccessible to children and any other unauthorized
persons.
e. Any violation of subdivisions a or b of this section or any rule
promulgated thereunder shall be a misdemeanor and triable by a judge of
the criminal court of the city of New York and punishable by
imprisonment of not more than thirty days or by a fine of not more than
five hundred dollars, or both.