2012 New York Consolidated Laws
GBS - General Business
Article 39-DDD - (898) PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
898 - Private sale or disposal of firearms, rifles and shotguns.


NY Gen Bus L § 898 (2012) What's This?
 
    * § 898. Private sale or disposal of firearms, rifles and shotguns. 1.
  In addition to any other requirements pursuant to state and federal law,
  all  sales, exchanges or disposals of firearms, rifles or shotguns shall
  be conducted in accordance with this section unless such sale,  exchange
  or  disposal  is conducted by a licensed importer, licensed manufacturer
  or licensed dealer, as those terms are defined in 18  USC  §  922,  when
  such  sale,  exchange or disposal is conducted pursuant to that person's
  federal firearms license or such sale, exchange or disposal  is  between
  members of an immediate family. For purposes of this section, "immediate
  family"   shall   mean   spouses,   domestic   partners,   children  and
  step-children.
    2. Before any sale, exchange or disposal pursuant to this  article,  a
  national instant criminal background check must be completed by a dealer
  who  consents  to  conduct  such  check,  and  upon  completion  of such
  background check, shall complete a document, the form of which shall  be
  approved  by  the  superintendent  of  state police, that identifies and
  confirms that such check was performed.
    3. All dealers shall maintain a record of such transactions  conducted
  pursuant  to  this  section  and  such record shall be maintained on the
  premises mentioned and described in the license and shall be open at all
  reasonable hours for inspection by any peace officer, acting pursuant to
  his or her special duties, or police officer.
    4. A dealer may require that any sale or transfer  conducted  pursuant
  to  this  section  be  subject to a fee of not to exceed ten dollars per
  transaction.
    5. Any record produced pursuant to this section and  any  transmission
  thereof to any government agency shall not be considered a public record
  for purposes of article six of the public officers law.
    6.  Any  person  who knowingly violates the provisions of this article
  shall be guilty of a class A misdemeanor punishable as provided  for  in
  the penal law.
    * NB Effective March 16, 2013

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