N.Y. General Business Law § 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.