2006 New York Code - Licensing Of Gunsmiths, Of Wholesale Manufacturers Of Firearms, Of Assemblers Of Firearms, Dealers In Firearms, Dealers In Rifles And Shotguns, And Sp



 
    §  10-302  Licensing  of  gunsmiths,  of  wholesale  manufacturers  of
  firearms, of assemblers of firearms, dealers  in  firearms,  dealers  in
  rifles  and  shotguns,  and  special  theatrical dealers. a. It shall be
  unlawful for any person or business enterprise to engage in the business
  of gunsmith, wholesale manufacturer of firearms, assembler of  firearms,
  dealer in firearms, dealer in rifles and shotguns, or special theatrical
  dealer,  unless  such  person,  or  business  enterprise, has obtained a
  license to engage in such business in  the  manner  prescribed  in  this
  section.  No person shall engage in the business of dealer in rifles and
  shotguns or special theatrical dealer unless he or she has been issued a
  permit for the  possession  of  shotguns  and  rifles  pursuant  to  the
  provisions  of  this  chapter. No person or business enterprise shall be
  eligible to apply for or to hold  a  license  as  a  special  theatrical
  dealer  unless  such  person or business enterprise (1) possesses both a
  license as a dealer in firearms and a license as a dealer in rifles  and
  shotguns  and  (2)  has  possessed  such  licenses  and  engaged in such
  businesses for at least one year.
    b. No license shall be issued or  renewed  pursuant  to  this  section
  except by the police commissioner, and then only after investigation and
  finding  that  all  statements  in a proper application for a license or
  renewal are true. No license shall be issued or renewed except  for  any
  applicant:
    (1) of good moral character;
    (2)  who has not been convicted anywhere of a felony or of any serious
  offense;
    (3) who has stated whether he or she  has  ever  suffered  any  mental
  illness  or  been  confined  to  any  hospital or institution, public or
  private, for mental illness and who is free from  any  mental  disorder,
  defects  or  diseases that would impair the ability safely to possess or
  use a firearm, rifle or shotgun;
    (4) who has not been convicted of violating section 10-303.1  of  this
  chapter; and
    (5) concerning whom no good cause exists for the denial of a license.
    c. (1) An applicant to engage in such business shall also be a citizen
  of  the  United States, more than twenty-one years of age and maintain a
  place of business in the city.
    (2) Each applicant to engage in such business shall  comply  with  all
  the  requirements  set  forth  in  this  section.  If the applicant is a
  partnership, each partner thereof shall comply with all the requirements
  set forth in this section and if the applicant is  a  corporation,  each
  officer thereof shall so comply.
    (3)  No applicant for a special theatrical dealer's license or renewal
  thereof shall be issued such license or  renewal  unless  the  applicant
  submits  proof,  in  such  form as the commissioner may require, that at
  least ten percent of the gross income  earned  by  the  applicant  as  a
  dealer in firearms, dealer in rifles and shotguns and, in the case of an
  application   for  renewal,  special  theatrical  dealer,  in  the  year
  preceding the application for such license or renewal, was  earned  from
  the  lease  for  theatrical purposes of such ammunition feeding devices,
  firearms, rifles, shotguns or  assault  weapons  as  the  applicant  was
  authorized  to  lease.  No  applicant  for a special theatrical dealer's
  license or renewal thereof shall  be  issued  such  license  or  renewal
  unless the gross income earned by the applicant as a dealer in firearms,
  dealer  in  rifles  and  shotguns and, in the case of an application for
  renewal,  special  theatrical  dealer,  in  the   year   preceding   the
  application  for  such  license  or  renewal,  exceeded  fifty  thousand
  dollars.

d. An application for a license or renewal thereof shall be made to the police commissioner. An application shall include the full name, date of birth, residence, present occupation of each person or individual signing the same, whether he or she is a citizen of the United States, whether he or she complies with each requirement for eligibility specified in subdivision b of this section and such other facts as may be required to show the good character, competency and integrity of each person or individual signing the application. An application shall be signed and affirmed by the applicant. Each individual signing an application shall submit one photograph of himself or herself and a duplicate for each required copy of the application. Such photographs shall have been taken within thirty days prior to filing the application. The photographs submitted shall be two inches square, and the application shall also state the previous occupation of each individual signing the same and the location of the place of such business, or of the bureau, agency, subagency, office or branch office for which the license is sought, indicating the street and number and otherwise giving such apt description as to point out reasonably the location thereof. In such case, if the applicant is a business enterprise, its name, date and place of formation, and principal place of business shall be stated. For a partnership, the application shall be signed and affirmed by each partner, and for a corporation, by each officer thereof. With respect to an application for a license as a dealer in rifles and shotguns or as a special theatrical dealer, a written statement shall be submitted by the individual applicant, or in the case of a business enterprise a responsible officer or agent thereof, stating (a) the identification number of the shotgun and rifle permit issued to the individual applicant or the responsible officer or agent in the case of a business enterprise, (b) the address of a regular place of business maintained by the applicant, (c) that since the issuance of the rifle and shotgun permit the individual applicant or responsible officer or agent has not become disqualified for issuance of such a permit, (d) that he or she undertakes to supervise the acts of his or her, or in the case of a business enterprise, its employees, (e) that the applicant has not previously been refused a license as a dealer in shotguns and rifles or as a special theatrical dealer and that no such license issued to the applicant has ever been revoked. e. Before a license is issued or renewed, there shall be an investigation of all statements required in the application by the police department. For that purpose, the records of the department of mental hygiene concerning previous or present mental illness of the applicant shall be available for inspection by the investigating officer of the police department. In order to ascertain any previous criminal record, the investigating officer shall take the fingerprints and physical descriptive data in quadruplicate of each individual by whom the application is signed. Two copies of such fingerprints shall be taken on standard fingerprint cards eight inches square, and one copy may be taken on a card supplied for that purpose by the federal bureau of investigation. When completed, one standard card shall be promptly submitted to the division of criminal justice services where it shall be appropriately processed. A second standard card, or the one supplied by the federal bureau of investigation, as the case may be, shall be forwarded to that bureau at Washington with a request that the files of the bureau be searched and notification of the results of the search be made to the police department. The failure or refusal of the federal bureau of investigation to make the fingerprint check provided for in this section shall not constitute the sole basis for refusal to issue a
license pursuant to the provisions of this section. Of the remaining two fingerprint cards, one shall be filed with the executive department, division of state police, Albany, within ten days after issuance of the license, and the other remain on file with the police department. No such fingerprints may be inspected by any person other than a peace officer, when acting pursuant to his or her special duties, or a police officer except on order of a judge or justice of a court of record either upon notice to the licensee or without notice, as the judge or justice may deem appropriate. Upon completion of the investigation, the police department shall report the results to the commissioner without unnecessary delay. f. Applications shall indicate and licenses shall be issued for a gunsmith, a wholesale manufacturer of firearms, an assembler of firearms, a dealer in firearms, a dealer in rifles and shotguns or a special theatrical dealer. g. The application for any license, if granted, shall be a public record. Such application shall be kept on file in the office of the police commissioner and, within ten days after the issuance of a license, a duplicate copy shall be filed in the executive department, division of state police, Albany. h. No license shall be transferable to any other person or premises. The license shall mention and describe the premises for which it is issued and shall be valid only for such premises. i. A license issued pursuant to this section shall be prominently displayed on the licensed premises. Failure of any person or business enterprise to so exhibit or display such license shall be presumptive evidence that the person or business enterprise is not duly licensed. j. Any license or renewal issued pursuant to this section shall expire on the first day of the second January following the date of issuance. Any application to renew a license that has not previously expired, been revoked or cancelled shall thereby extend the term of the license until disposition is made of the application by the police commissioner. k. The conviction of a licensee anywhere of a felony or a serious offense shall operate as a revocation of the license. Written notice of such revocation shall be forwarded to the executive division of state police in Albany. l. The police commissioner, upon evidence of any disqualification set forth in subdivision b of this section, may at any time suspend or revoke and cancel a license issued pursuant to this section. Written notice of such suspension or revocation shall be forwarded to the executive department, division of state police, Albany. m. No license shall be issued pursuant to this section unless the applicant therefor possesses and exhibits all licenses required under any federal or state law. n. Records. (1) Any person licensed under this section shall keep an accurate book record of every transaction involving a firearm, machine gun, rifle, shotgun or assault weapon. Such record shall be kept in the manner prescribed and contain the information required by the police commissioner. (2) The records required by this section shall be subject to inspection at all times by members of the police department. Such records shall be maintained on the premises mentioned and described in the license, and preserved for record. In the event of suspension, cancellation or revocation of a license, or discontinuance of business by a licensee, such record shall be immediately surrendered to the police commissioner. o. Rules and regulations. (1) The police commissioner may make and promulgate such rules and regulations regarding the issuance and renewal
of such licenses and prescribe such forms as are necessary to carry out the provisions of this section. (2) Such rules and regulations shall prescribe reasonable standards and conditions under which firearms, component parts of firearms, rifles, shotguns, assault weapons and ammunition shall be kept at the store or premises of gunsmiths, including store and plant security, employment, record keeping and product quality control for the protection of the public safety, health and welfare. The foregoing enumeration shall not be construed as a limitation of the police commissioner's authority to promulgate rules and regulations hereunder. (3) The violation of such rules and regulations shall be triable by a judge of the criminal court of the city of New York and punishable by not more than thirty days imprisonment or by a fine of not more than fifty dollars, or both. p. The annual license fee for a license issued pursuant to this section shall be twenty-five dollars for gunsmiths, wholesale manufacturers and assemblers of firearms, fifty dollars for dealers in firearms, and one hundred fifty dollars for dealers in rifles and shotguns and special theatrical dealers. q. Failure to obtain a license, by any person, firm, partnership, corporation or company, as required by the provisions of this section shall be punishable as a class A misdemeanor. r. No dealer in rifles and shotguns may dispose of a rifle or shotgun to any person unless such person produces a valid rifle and shotgun permit, or proof of lawful authority as a police or peace officer, or is an exempt person as provided in this chapter. s. Any suspension, denial or revocation of a license may be appealed by the applicant or licensee pursuant to procedures established by the police commissioner for administrative review.

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