2013 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.

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