2006 New York Code - Permits For Possession And Purchase Of Rifles And Shotguns.



 
    §  10-303  Permits for possession and purchase of rifles and shotguns.
  It shall be unlawful to dispose of any rifle or shotgun  to  any  person
  unless said person is the holder of a permit for possession and purchase
  of  rifles  and shotguns; it shall be unlawful for any person to have in
  his or her possession any rifle or shotgun unless  said  person  is  the
  holder  of  a  permit  for  the  possession  and  purchase of rifles and
  shotguns.
    The disposition of a rifle or  shotgun,  by  any  licensed  dealer  in
  rifles  and shotguns, to any person presenting a valid rifle and shotgun
  permit issued to such person, shall be conclusive proof of the  legality
  of such disposition by the dealer.
    a.  Requirements.  No  person shall be denied a permit to purchase and
  possess a rifle or shotgun unless the applicant:
    (1) is under the age of twenty-one; or
    (2) is not of good moral character; or
    (3) has been convicted anywhere of a felony; of a serious  offense  as
  defined  in  §  265.00  (17)  of  the  New  York  State  Penal Law; of a
  misdemeanor crime of domestic violence as defined in § 921 (a) of  title
  18,  United States Code; of a misdemeanor crime of assault as defined in
  the penal law where the applicant was convicted of such  assault  within
  the  ten  years  preceding  the submission of the application; or of any
  three misdemeanors as defined in local, state or  federal  law,  however
  nothing  in  this  paragraph shall preclude the denial of a permit to an
  applicant with fewer than three misdemeanor convictions; or
    (4) has not 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; or
    (5) is not now free from any mental  disorders,  defects  or  diseases
  that  would  impair  the  ability  safely  to  possess or use a rifle or
  shotgun; or
    (6) has been the subject of a suspension or ineligibility order issued
  pursuant to § 530.14 of the New York State Criminal Procedure Law  or  §
  842-a of the New York State Family Court Act; or
    (7) who is subject to a court order that
    (a)  was  issued  after a hearing of which such person received actual
  notice, and at which such person had the opportunity to participate;
    (b) restrains such person from harassing, stalking, or threatening  an
  intimate  partner  of  such  person or child of such intimate partner or
  person, or engaging in  other  conduct  that  would  place  an  intimate
  partner in reasonable fear of bodily injury to the partner or child; and
    (c)(i)  includes  a  finding  that  such  person represents a credible
  threat to the physical safety of such intimate partner or child; or
    (ii) by its terms explicitly prohibits  the  use,  attempted  use,  or
  threatened  use of physical force against such intimate partner or child
  that would reasonably be expected to cause bodily injury;
    (d) For purposes of this section only, "intimate partner" means,  with
  respect  to  a  person, the spouse of the person, a former spouse of the
  person, an individual who is a parent of a child of the person,  and  an
  individual who cohabitates or has cohabitated with the person; or
    (8)  has been convicted of violating section 10-303.1 of this chapter;
  or
    (9) unless good cause exists for the denial of the permit.
    b. Application. Application for a rifle and shotgun  permit  shall  be
  made  to  the  police  commissioner, shall be signed and affirmed by the
  applicant and  shall  state  his  or  her  full  name,  date  of  birth,
  residence, physical condition, occupation and whether he or she complies
  with  each  requirement  specified in subdivision a of this section, and
  any other information required by the police commissioner to process the

application. Each applicant shall submit with his or her application a photograph of himself or herself in duplicate, which shall have been taken within thirty days prior to the filing of the application. Any willful or material omission or false statement shall be a violation of this section and grounds for denial of the application. c. Before a permit is issued or renewed, the police department shall investigate all statements required in the application. 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 permit 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 permit, 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 justice of a court of record either upon notice to the permittee 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 police commissioner without unnecessary delay. d. Fees. The fee for an application for a rifle and shotgun permit or renewal thereof shall be one hundred forty dollars. e. Issuance. (1) Upon completion of the investigation, and in no event later than thirty days from the submission of the application, unless the police commissioner determines more time is needed for an investigation and then it shall not exceed sixty days, the commissioner shall issue the permit or shall notify the applicant of the denial of the application and the reason or reasons therefor. The applicant shall have the right to appeal said denial pursuant to procedures established by the police commissioner for administrative review. (2) Any person holding a valid license to carry a concealed weapon in accordance with the provisions of the penal law, shall be issued such permit upon filing an application and upon paying the established fee therefor, without the necessity of any further investigation, affidavits or fingerprinting, unless the police commissioner has reason to believe that the status of the applicant has changed since the issuance of the prior license. f. Validity. Any person to whom a rifle and shotgun permit has been validly issued pursuant to this chapter may possess a rifle or shotgun. No permit shall be transferred to any other person. Every person carrying a rifle or shotgun shall have on his or her person a permit which shall be exhibited for inspection to any peace officer or police
officer upon demand. Failure of any such person to so exhibit his or her permit shall be presumptive evidence that he or she is not duly authorized to possess a rifle or shotgun and the same may be considered by the police commissioner as cause for revocation or suspension of such permit. A permit shall be valid for three (3) years and shall be subject to automatic renewal, upon sworn application, and without investigation, unless the police commissioner has reason to believe that the status of the applicant has changed since the previous application. g. Revocation or suspension. A permit shall be revoked upon the conviction in this state, or elsewhere, of a person holding a rifle or shotgun permit, of a felony or a serious offense. A permit may be revoked or suspended at any time upon evidence of any other disqualification set forth in subdivision a of this section. Upon revocation or suspension of a permit for any reason, the police commissioner shall immediately notify the New York state division of criminal justice services. The police commissioner shall from time to time send a notice and supplemental report hereof, containing the names, addresses and permit numbers of each person whose rifle and shotgun permit has been revoked or suspended to all licensed dealers in rifles and shotguns throughout the city for the purpose of notifying such dealers that no rifles or shotguns may be issued or sold or in any way disposed of to any such persons. The police commissioner or any police officer acting at the police commissioner's direction shall forthwith seize any rifle and shotgun permit which has been revoked or suspended hereunder and shall seize any rifle or shotgun possessed by such person, provided that the person whose rifle or shotgun permit has been revoked or suspended, or such person's appointee or legal representative, shall have the right at any time up to one year after such seizure to dispose of such rifle or shotgun to any licensed dealer or any other person legally permitted to purchase or take possession of such rifle or shotgun. The permittee shall have the right to appeal any suspension or revocation pursuant to procedures established by the commissioner for administrative review. h. Non-residents. Non-residents of the city of New York may apply for a rifle or shotgun permit subject to the same conditions, regulations and requirements as residents of the city of New York.

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