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This entry was published on 2022-07-08
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SECTION 896
Operation of a gun show
General Business (GBS) CHAPTER 20, ARTICLE 39-DD
§ 896. Operation of a gun show. 1. A gun show operator shall:

(a) at all times during such show conspicuously post and maintain
signs stating "A National Instant Criminal Background Check must be
completed prior to all firearm sales or transfers, including sales or
transfers of rifles or shotguns". Signs must be posted at all entrances
to the gun show, at all places where admission tickets to the gun show
are sold and not less than four additional locations within the grounds
of the gun show;

(b) notify all firearm exhibitors in writing that a national instant
criminal background check must be completed prior to all firearm sales
or transfers, including sales or transfers of rifles or shotguns; and

* (c) provide access at the gun show to a firearm dealer licensed
under federal law who is authorized to perform a national instant
criminal background check where the seller or transferor of a firearm,
rifle or shotgun is not authorized to conduct such a check by (i)
requiring firearm exhibitors who are firearm dealers licensed under
federal law and who are authorized to conduct a national instant
criminal background check to provide such a check at cost or (ii)
designating a specific location at the gun show where a firearm dealer
licensed under federal law who is authorized to conduct a national
instant criminal background check will be present to perform such a
check at cost. Any firearm dealer licensed under federal law who
performs a national instant criminal background check pursuant to this
paragraph shall provide the seller or transferor of the firearm, rifle
or shotgun with a copy of the United States Department of Treasury,
Bureau of Alcohol, Tobacco and Firearms Form ATF F 4473 and such dealer
shall maintain such form and make such form available for inspection by
law enforcement agencies for a period of ten years thereafter.

* NB Effective until July 15, 2023

* (c) coordinate with the division of state police to provide access
at the gun show to perform a national instant criminal background check
prior to any firearm sale or transfer. Any firearm dealer licensed under
federal law who submits a request to the division of state police to
perform a national instant criminal background check pursuant to this
paragraph shall provide the seller or transferor of the firearm, rifle
or shotgun with a copy of the United States Department of Treasury,
Bureau of Alcohol, Tobacco and Firearms Form ATF F 4473 and such dealer
shall maintain such form and make such form available for inspection by
law enforcement agencies for a period of ten years thereafter.

* NB Effective July 15, 2023

2. Whenever the attorney general shall believe from evidence
satisfactory to him or her that a gun show operator has violated any of
the provisions of this section, the attorney general may bring an action
or special proceeding in the supreme court for a judgment enjoining the
continuance of such violation and for a civil penalty in an amount not
to exceed ten thousand dollars. If it shall appear to the satisfaction
of the court or justice that the defendant has violated any provisions
of this section, no proof shall be required that any person has been
injured thereby nor that the defendant intentionally violated such
provision. In such action preliminary relief may be granted under
article sixty-three of the civil practice law and rules. In connection
with any such proposed application, the attorney general is authorized
to take proof, issue subpoenas and administer oaths in the manner
provided in the civil practice law and rules.