(See HANDGUNS- POSSESSION and CARRY.) Elsewhere than the City of New York, a person licensed to carry or possess a pistol or revolver may apply at any time to the licensing officer in the county of their residence for an amendment of his or her license to include one or more such handguns, or to remove a handgun held under the license. For purposes of the law, “immediate family” means only spouses, domestic partners, children and step-children. A person is guilty of criminal sale of a firearm to a minor when he is not authorized pursuant to law to possess a firearm and he unlawfully sells, exchanges, gives or disposes of a firearm to another person who is or reasonably appears to be less than 19 years of age who is not licensed pursuant to law to possess a firearm. New York law makes it a felony for a person to purchase a firearm knowing that he or she is prohibited by law from possessing a firearm because of a prior conviction or because of some other legal disability, or to purchase or obtain a firearm for, on behalf of, or for the use of another person, knowing that it would be unlawful for that other person to possess a firearm. It is an offense to sell or offer to sell a paint pellet gun to any person under 16 years of age. The registrations do not currently have an expiration date but are subject to revocation if the holder becomes no longer eligible to possess ammunition under federal law.
MORE No person, firm or corporation engaged in the retail business of selling rifles, shotguns or handguns, shall sell, deliver or transfer any such gun to another person unless the transferee is provided with a gun-locking device and a label on safe storage. The SAFE Act requires that as of January 15, 2014, no "commercial transfer of ammunition" shall take place unless it is an “in person” transaction where a licensed dealer in firearms or registered seller of ammunition acts as an intermediary between the transferor and the ultimate transferee of the ammunition.
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Upon receipt of the sealed container, the division of state police shall cause to be entered in an automated electronic data-bank pertinent data and other ballistic information relevant to identification of the shell casing and to the handgun from which it was discharged. The definition of “gun show” was found to be partially unconstitutional as being overbroad in the case of Scope, Inc. Specifically, sellers of ammunition or dealers in firearms must keep a record book, approved as to form by the superintendent of state police, and record, at the time of every transaction involving ammunition, the date, name, age, occupation and residence of any person from whom ammunition is received or to whom ammunition is delivered, and the amount, calibre, manufacturer’s name and serial number (or if none, any other distinguishing number or identification mark) on such ammunition. The provision, NY Penal Law § 265.01(4), now prohibits a person who has a prior conviction for a felony or “serious offense” from possessing such weapons or a rifle or shotgun.
See New York regulations, 9 NYCRR 472, Combined Ballistic Identification System or “Co BIS.” It is lawful for New York residents to purchase or obtain rifles or shotguns in a contiguous state and to receive and transport said rifles and shotguns into the state, provided the person is otherwise eligible to possess a rifle or shotgun under New York law. A “gun show” is defined as an event sponsored, whether for profit or not, by an individual, national, state or local organization, association or other entity devoted to the collection, competitive use, sporting use, or any other legal use of firearms, rifles or shotguns, or an event at which (a) 20% or more of the total number of exhibitors are firearm exhibitors or (b) ten or more firearm exhibitors are participating or (c) a total of 25 or more pistols or revolvers are offered for sale or transfer or (d) a total of 50 or more firearms, rifles or shotguns are offered for sale or transfer. A gun show operator is required to post signs at all entrances, 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, 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.” NY Gen. The record book shall be maintained on the premises of the licensee and made available at all reasonable hours for inspection by law enforcement. Generally, it is unlawful for anyone under the age of 16 to possess any firearm; however, a rifle or shotgun may be possessed by a person under 16 years of age but not under age 12, who is engaged in target shooting on a range supervised by a military officer, certified instructor, or a parent, guardian or a person over the age of 18 designated in writing by such parent or guardian, provided the adult has a hunter safety certificate.
Any business selling firearms must post a sign where the firearms are displayed or sold stating, in bold print, “The use of a locking device or safety lock is only one aspect of responsible firearm storage. Any manufacturer that ships, transports or delivers a handgun to any person in this state shall include in the container a separate sealed container that encloses a shell casing of a bullet or projectile discharged from such handgun, and any additional information that identifies such handgun. However, certain organizations that distribute ammunition on their premises may register with the State to continue to receive direct shipments of ammunition.