N.Y. General Business Law § 898: Private sale or disposal of firearms, rifles and shotguns

§ 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. When a sale, exchange or disposal is

conducted pursuant to a person's federal firearms license, before

delivering a firearm, rifle or shotgun to any person, either (a) the

National Instant Criminal Background Check System (NICS) or its

successor has issued a "proceed" response to the federal firearms

licensee, or (b) thirty calendar days shall have elapsed since the date

the federal firearms licensee contacted NICS to initiate a national

instant criminal background check and NICS has not notified the federal

firearms licensee that the transfer of the firearm, rifle or shotgun to

such person should be denied. 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 shall submit a request to the division of state police pursuant to

section two hundred twenty-eight of the executive law to conduct such

check. Before a dealer who has submitted a request to the division of

state police to conduct a national instant criminal background check

delivers a firearm, rifle or shotgun to any person, either (a) NICS

shall have issued a "proceed" response, or (b) thirty calendar days

shall have elapsed since the date the dealer submitted a request to the

division of state police to contact the NICS to initiate a national

instant criminal background check and NICS has not notified the division

of state police that the transfer of the firearm, rifle or shotgun to

such person should be denied.

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.