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This entry was published on 2019-09-13
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SECTION 898
Private sale or disposal of firearms, rifles and shotguns
General Business (GBS) CHAPTER 20, ARTICLE 39-DDD
§ 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 consents to conduct such check, and upon completion of such
background check, shall complete a document, the form of which shall be
approved by the superintendent of state police, that identifies and
confirms that such check was performed. Before a dealer who consents to
conduct a national instant criminal background check delivers a firearm,
rifle or shotgun to any person, either (a) NICS issued a "proceed"
response to the dealer, or (b) thirty calendar days shall have elapsed
since the date the dealer contacted NICS to initiate a national instant
criminal background check and NICS has not notified the dealer 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.