2021 New York Laws
GBS - General Business
Article 26 - Miscellaneous
396-EE - Sale of Certain Weapons; Locking Devices Therefor.

§  396-ee.  Sale  of certain weapons; locking devices therefor. (1) No
person, firm or corporation engaged in the retail  business  of  selling
rifles,  shotguns  or  firearms,  as  such  terms are defined in section
265.00 of the penal law, shall sell, deliver or transfer any such rifle,
shotgun or firearm to another person unless the transferee  is  provided
at  the time of sale, delivery or transfer with a gun locking device and
a label containing the quoted language specified in subdivision  two  of
this  section  is  either  affixed  to such rifle, shotgun or firearm or
placed in the container in which such rifle, shotgun or firearm is sold,
delivered or transferred. For the purposes of  this  section,  the  term
"gun  locking  device"  shall  mean  an  integrated design feature or an
attachable accessory that is resistant to tampering and is effective  in
preventing  the  discharge of such rifle, shotgun or firearm by a person
who does not have access to the key, combination or other mechanism used
to disengage the device. The division of state police shall develop  and
promulgate  rules  and regulations setting forth the specific devices or
the  minimum  standards  and  criteria  therefor  which  constitute   an
effective gun locking device.
  (2)  Every  person, firm or corporation engaged in the retail business
of selling rifles, shotguns or firearms, as such terms  are  defined  in
section  265.00 of the penal law, shall, in the place where such rifles,
shotguns or firearms are displayed or transferred to the purchaser, post
a notice conspicuously stating in bold print that: "RESPONSIBLE  FIREARM
STORAGE IS THE LAW IN NEW YORK STATE. RIFLES, SHOTGUNS AND FIREARMS MUST
EITHER  BE  STORED  WITH  A  GUN  LOCKING  DEVICE  OR  IN A SAFE STORAGE
DEPOSITORY OR NOT BE LEFT OUTSIDE THE IMMEDIATE POSSESSION  AND  CONTROL
OF THE OWNER OR OTHER LAWFUL POSSESSOR IF A CHILD RESIDES IN THE HOME OR
IS  PRESENT,  OR  IF  THE  OWNER  OR  POSSESSOR  RESIDES  WITH  A PERSON
PROHIBITED FROM POSSESSING A RIFLE, SHOTGUN OR FIREARM  UNDER  STATE  OR
FEDERAL LAW. RIFLES, SHOTGUNS AND FIREARMS SHOULD BE STORED UNLOADED AND
LOCKED  IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING RIFLES, SHOTGUNS
OR FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED PERSON MAY SUBJECT
YOU TO IMPRISONMENT, FINE, OR BOTH." Nothing in this  subdivision  shall
be  deemed  to  affect,  impair  or  supersede  any special or local law
relating to the posting of notice regarding the safe storage of  rifles,
shotguns or firearms.
  (3)  Any  person,  firm  or  corporation  who fails to comply with the
provisions of this section shall be guilty of a violation punishable  as
provided in the penal law. Any person, firm, or corporation who fails to
comply  with the provisions of this section after having been previously
convicted of a violation of this section shall be guilty of  a  class  A
misdemeanor, punishable as provided in the penal law.