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This entry was published on 2019-10-04
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SECTION 396-EE
Sale of certain weapons; locking devices therefor
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 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.