Section 10-301
§ 10-301 Control and regulation of the disposition, purchase and
possession of firearms, rifles, shotguns and assault weapons.
Definitions. Whenever used in this chapter the following terms shall
mean and include:
1. "Firearm." (a) Any pistol or revolver; (b) a shotgun having one or
more barrels less than eighteen inches in length; or (c) a rifle having
one or more barrels less than sixteen inches in length; or (d) any
weapon made from a shotgun or rifle whether by alteration, modification,
or otherwise if such weapon as altered, modified, or otherwise has an
overall length of less than twenty-six inches. For the purpose of this
subdivision the length of the barrel on a shotgun or rifle shall be
determined by measuring the distance between the muzzle and the face of
the bolt, breech, or breechlock when closed and when the shotgun or
rifle is cocked; the overall length of a weapon made from a shotgun or
rifle is the distance between the extreme ends of the weapon measured
along a line parallel to the center line of the bore. Firearm does not
include an antique firearm. The provisions of this chapter relating to
firearms shall not apply to assault weapons except as specifically
provided.
2. "Rifle." A weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder, and, even if not designed or
redesigned, made or remade, and intended to be fired from the shoulder,
is not a firearm as defined in subdivision one of this section, and
designed or redesigned and made or remade to use the energy of the
explosive in a fixed metallic cartridge to fire only a single projectile
through a rifled bore for each pull of the trigger. The provisions of
this chapter relating to rifles shall not apply to assault weapons
except as specifically provided.
3. "Shotgun." A weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder, and, even if not designed or
redesigned, made or remade, and intended to be fired from the shoulder,
is not a firearm as defined in subdivision one of this section, and
designed or redesigned and made or remade to use the energy of the
explosive in a fixed shotgun shell, to fire through a smooth bore either
a number of ball shot or a single projectile for each single pull of the
trigger. The provisions of this chapter relating to shotguns shall not
apply to assault weapons except as specifically provided.
4. "Gunsmith." Any person, firm, partnership, corporation, or company
who engages in the business of repairing, altering, assembling,
manufacturing, cleaning, polishing, engraving, or trueing, or who in the
course of such business performs any mechanical operation on any rifle,
shotgun, firearm, assault weapon or machine gun.
5. "Dealer in firearms." Any person, firm, partnership, corporation or
company who engages in the business of purchasing, selling, keeping for
sale, loaning, leasing, or in any manner disposing of any pistol or
revolver or other firearms which may be concealed upon the person.
Dealer in firearms shall not include a wholesale dealer.
6. "Dealer in rifles and shotguns." Any person, firm, partnership,
corporation or company who engages in the business of purchasing,
selling, keeping for sale, loaning, leasing, or in any manner disposing
of any rifle, or shotgun. Dealer in rifles and shotguns shall not
include a wholesale dealer.
7. "Ammunition." Explosives suitable to be fired from a firearm,
machine gun, pistol, revolver, rifle, shotgun, assault weapon or other
dangerous weapon.
8. "Dispose of." To dispose of, give away, give, lease, loan, keep for
sale, offer, offer for sale, sell, transfer and otherwise dispose of.
9. "Deface." To remove, deface, cover, alter, or destroy the
manufacturer's serial number or any other distinguishing number or
identification mark.
10. "Commissioner." The police commissioner of the city of New York or
the commissioner's designee.
11. "Permit." The permit for purchase and possession of rifles and
shotguns issued by the commissioner.
12. "Certificate." The certificate of registration for possession of
rifles and shotguns.
13. "Serious offense." A serious offense as defined in subdivision
seventeen of section 265.00 of the penal law.
14. "Business enterprise." Any proprietorship, company, partnership,
corporation, association, cooperative, nonprofit organization or other
entity engaged or seeking to engage in the activities regulated pursuant
to section 10-302 of this chapter.
15. "Semiautomatic." Any firearm, rifle or shotgun that uses part of
the energy of a fired cartridge to expel the case of the fired cartridge
and load another cartridge into the firing chamber, and which requires a
separate pull of the trigger to fire each cartridge.
16. "Assault weapon."
(a) Any semiautomatic centerfire or rimfire rifle or semiautomatic
shotgun which has one or more of the following features:
1. folding or telescoping stock or no stock;
2. pistol grip that protrudes conspicuously beneath the action of the
weapon;
3. bayonet mount;
4. flash suppressor or threaded barrel designed to accommodate a flash
suppressor;
5. barrel shroud;
6. grenade launcher; or
7. modifications of such features, or other features, determined by
rule of the commissioner to be particularly suitable for military and
not sporting purposes. In addition, the commissioner shall, by rule,
designate specific semiautomatic centerfire or rimfire rifles or
semiautomatic shotguns, identified by make, model and/or manufacturer's
name, as within the definition of assault weapon, if the commissioner
determines that such weapons are particularly suitable for military and
not sporting purposes. The commissioner shall inspect such specific
designated semiautomatic centerfire or rimfire rifles or semiautomatic
shotguns at least three times per year, and shall revise or update such
designations as he or she deems appropriate.
(b) Any shotgun with a revolving-cylinder magazine.
(c) Any part, or combination of parts, designed or redesigned or
intended to readily convert a rifle or shotgun into an assault weapon.
(d) "Assault weapon" shall not include any rifle or shotgun modified
to render it permanently inoperative.
17. "Ammunition feeding device." Magazines, belts, feedstrips, drums
or clips capable of being attached to or utilized with firearms, rifles,
shotguns or assault weapons.
18. "Antique firearm." Any unloaded muzzle loading pistol or revolver
with a matchlock, flintlock, percussion cap, or similar type of ignition
system, or a pistol or revolver which uses fixed cartridges which are no
longer available in the ordinary channels of commercial trade.
19. "Special theatrical dealer." Any person, firm, partnership,
corporation or company who possesses assault weapons exclusively for the
purpose of leasing such assault weapons to special theatrical permittees
within the city and for theatrical purposes outside the city.
20. "Acquire." To gain possession of or title to a weapon through
purchase, gift, lease, loan, or otherwise.
Section 10-302
§ 10-302 Licensing of gunsmiths, of wholesale manufacturers of
firearms, of assemblers of firearms, dealers in firearms, dealers in
rifles and shotguns, and special theatrical dealers. a. It shall be
unlawful for any person or business enterprise to engage in the business
of gunsmith, wholesale manufacturer of firearms, assembler of firearms,
dealer in firearms, dealer in rifles and shotguns, or special theatrical
dealer, unless such person, or business enterprise, has obtained a
license to engage in such business in the manner prescribed in this
section. No person shall engage in the business of dealer in rifles and
shotguns or special theatrical dealer unless he or she has been issued a
permit for the possession of shotguns and rifles pursuant to the
provisions of this chapter. No person or business enterprise shall be
eligible to apply for or to hold a license as a special theatrical
dealer unless such person or business enterprise (1) possesses both a
license as a dealer in firearms and a license as a dealer in rifles and
shotguns and (2) has possessed such licenses and engaged in such
businesses for at least one year.
b. No license shall be issued or renewed pursuant to this section
except by the police commissioner, and then only after investigation and
finding that all statements in a proper application for a license or
renewal are true. No license shall be issued or renewed except for any
applicant:
(1) of good moral character;
(2) who has not been convicted anywhere of a felony or of any serious
offense;
(3) who has stated whether he or she has ever suffered any mental
illness or been confined to any hospital or institution, public or
private, for mental illness and who is free from any mental disorder,
defects or diseases that would impair the ability safely to possess or
use a firearm, rifle or shotgun;
(4) who has not been convicted of violating section 10-303.1 of this
chapter; and
(5) concerning whom no good cause exists for the denial of a license.
c. (1) An applicant to engage in such business shall also be a citizen
of the United States, more than twenty-one years of age and maintain a
place of business in the city.
(2) Each applicant to engage in such business shall comply with all
the requirements set forth in this section. If the applicant is a
partnership, each partner thereof shall comply with all the requirements
set forth in this section and if the applicant is a corporation, each
officer thereof shall so comply.
(3) No applicant for a special theatrical dealer's license or renewal
thereof shall be issued such license or renewal unless the applicant
submits proof, in such form as the commissioner may require, that at
least ten percent of the gross income earned by the applicant as a
dealer in firearms, dealer in rifles and shotguns and, in the case of an
application for renewal, special theatrical dealer, in the year
preceding the application for such license or renewal, was earned from
the lease for theatrical purposes of such ammunition feeding devices,
firearms, rifles, shotguns or assault weapons as the applicant was
authorized to lease. No applicant for a special theatrical dealer's
license or renewal thereof shall be issued such license or renewal
unless the gross income earned by the applicant as a dealer in firearms,
dealer in rifles and shotguns and, in the case of an application for
renewal, special theatrical dealer, in the year preceding the
application for such license or renewal, exceeded fifty thousand
dollars.
d. An application for a license or renewal thereof shall be made to
the police commissioner. An application shall include the full name,
date of birth, residence, present occupation of each person or
individual signing the same, whether he or she is a citizen of the
United States, whether he or she complies with each requirement for
eligibility specified in subdivision b of this section and such other
facts as may be required to show the good character, competency and
integrity of each person or individual signing the application. An
application shall be signed and affirmed by the applicant. Each
individual signing an application shall submit one photograph of himself
or herself and a duplicate for each required copy of the application.
Such photographs shall have been taken within thirty days prior to
filing the application. The photographs submitted shall be two inches
square, and the application shall also state the previous occupation of
each individual signing the same and the location of the place of such
business, or of the bureau, agency, subagency, office or branch office
for which the license is sought, indicating the street and number and
otherwise giving such apt description as to point out reasonably the
location thereof. In such case, if the applicant is a business
enterprise, its name, date and place of formation, and principal place
of business shall be stated. For a partnership, the application shall be
signed and affirmed by each partner, and for a corporation, by each
officer thereof.
With respect to an application for a license as a dealer in rifles and
shotguns or as a special theatrical dealer, a written statement shall be
submitted by the individual applicant, or in the case of a business
enterprise a responsible officer or agent thereof, stating (a) the
identification number of the shotgun and rifle permit issued to the
individual applicant or the responsible officer or agent in the case of
a business enterprise, (b) the address of a regular place of business
maintained by the applicant, (c) that since the issuance of the rifle
and shotgun permit the individual applicant or responsible officer or
agent has not become disqualified for issuance of such a permit, (d)
that he or she undertakes to supervise the acts of his or her, or in the
case of a business enterprise, its employees, (e) that the applicant has
not previously been refused a license as a dealer in shotguns and rifles
or as a special theatrical dealer and that no such license issued to the
applicant has ever been revoked.
e. Before a license is issued or renewed, there shall be an
investigation of all statements required in the application by the
police department. For that purpose, the records of the department of
mental hygiene concerning previous or present mental illness of the
applicant shall be available for inspection by the investigating officer
of the police department. In order to ascertain any previous criminal
record, the investigating officer shall take the fingerprints and
physical descriptive data in quadruplicate of each individual by whom
the application is signed. Two copies of such fingerprints shall be
taken on standard fingerprint cards eight inches square, and one copy
may be taken on a card supplied for that purpose by the federal bureau
of investigation. When completed, one standard card shall be promptly
submitted to the division of criminal justice services where it shall be
appropriately processed. A second standard card, or the one supplied by
the federal bureau of investigation, as the case may be, shall be
forwarded to that bureau at Washington with a request that the files of
the bureau be searched and notification of the results of the search be
made to the police department. The failure or refusal of the federal
bureau of investigation to make the fingerprint check provided for in
this section shall not constitute the sole basis for refusal to issue a
license pursuant to the provisions of this section. Of the remaining two
fingerprint cards, one shall be filed with the executive department,
division of state police, Albany, within ten days after issuance of the
license, and the other remain on file with the police department. No
such fingerprints may be inspected by any person other than a peace
officer, when acting pursuant to his or her special duties, or a police
officer except on order of a judge or justice of a court of record
either upon notice to the licensee or without notice, as the judge or
justice may deem appropriate. Upon completion of the investigation, the
police department shall report the results to the commissioner without
unnecessary delay.
f. Applications shall indicate and licenses shall be issued for a
gunsmith, a wholesale manufacturer of firearms, an assembler of
firearms, a dealer in firearms, a dealer in rifles and shotguns or a
special theatrical dealer.
g. The application for any license, if granted, shall be a public
record. Such application shall be kept on file in the office of the
police commissioner and, within ten days after the issuance of a
license, a duplicate copy shall be filed in the executive department,
division of state police, Albany.
h. No license shall be transferable to any other person or premises.
The license shall mention and describe the premises for which it is
issued and shall be valid only for such premises.
i. A license issued pursuant to this section shall be prominently
displayed on the licensed premises. Failure of any person or business
enterprise to so exhibit or display such license shall be presumptive
evidence that the person or business enterprise is not duly licensed.
j. Any license or renewal issued pursuant to this section shall expire
on the first day of the second January following the date of issuance.
Any application to renew a license that has not previously expired, been
revoked or cancelled shall thereby extend the term of the license until
disposition is made of the application by the police commissioner.
k. The conviction of a licensee anywhere of a felony or a serious
offense shall operate as a revocation of the license. Written notice of
such revocation shall be forwarded to the executive division of state
police in Albany.
l. The police commissioner, upon evidence of any disqualification set
forth in subdivision b of this section, may at any time suspend or
revoke and cancel a license issued pursuant to this section. Written
notice of such suspension or revocation shall be forwarded to the
executive department, division of state police, Albany.
m. No license shall be issued pursuant to this section unless the
applicant therefor possesses and exhibits all licenses required under
any federal or state law.
n. Records. (1) Any person licensed under this section shall keep an
accurate book record of every transaction involving a firearm, machine
gun, rifle, shotgun or assault weapon. Such record shall be kept in the
manner prescribed and contain the information required by the police
commissioner.
(2) The records required by this section shall be subject to
inspection at all times by members of the police department. Such
records shall be maintained on the premises mentioned and described in
the license, and preserved for record. In the event of suspension,
cancellation or revocation of a license, or discontinuance of business
by a licensee, such record shall be immediately surrendered to the
police commissioner.
(3) Any person licensed under this section as a dealer in firearms or
special theatrical dealer shall cause a physical inventory to be taken
within the first five business days of April and October of each year,
which shall include a listing of each firearm by make, caliber and
serial number. The original copy of such inventory shall be securely
maintained on the premises for which the license was issued. One or more
additional copies shall be forwarded to such addresses as the
commissioner may direct, by such means as the commissioner may direct.
(4) With each copy of the inventory required under paragraph three of
this subdivision shall be included an affidavit signed by the licensee
(or, if the licensee is not a natural person, by an officer, general
manager, or other principal of the licensee) stating under penalties of
perjury that within the first five business days of that April or
October, as the case may be, the signer has personally observed the
firearms reported. The affidavit shall also describe the date and
contents of any report required to be made pursuant to section 400.10 of
the penal law.
(5) In addition to the penalties specified in section 10-310, any act
or omission that constitutes a violation of this subdivision or of rules
and regulations issued by the commissioner pursuant thereto shall be
grounds for the revocation of a license issued by the commissioner
pursuant to this section.
o. Rules and regulations. (1) The police commissioner may make and
promulgate such rules and regulations regarding the issuance and renewal
of such licenses and the reporting of inventory of firearms, loss of
firearms, and theft of firearms and may prescribe such forms as are
necessary to carry out the provisions of this section.
(2) Such rules and regulations shall prescribe reasonable standards
and conditions under which firearms, component parts of firearms,
rifles, shotguns, assault weapons and ammunition shall be kept at the
store or premises of gunsmiths, including store and plant security,
employment, record keeping and product quality control for the
protection of the public safety, health and welfare. The foregoing
enumeration shall not be construed as a limitation of the police
commissioner's authority to promulgate rules and regulations hereunder.
(3) The violation of such rules and regulations shall be triable by a
judge of the criminal court of the city of New York and punishable by
not more than thirty days imprisonment or by a fine of not more than
fifty dollars, or both.
p. The annual license fee for a license issued pursuant to this
section shall be twenty-five dollars for gunsmiths, wholesale
manufacturers and assemblers of firearms, fifty dollars for dealers in
firearms, and one hundred fifty dollars for dealers in rifles and
shotguns and special theatrical dealers.
q. Failure to obtain a license, by any person, firm, partnership,
corporation or company, as required by the provisions of this section
shall be punishable as a class A misdemeanor.
r. No dealer in rifles and shotguns may dispose of a rifle or shotgun
to any person unless such person produces a valid rifle and shotgun
permit, or proof of lawful authority as a police or peace officer, or is
an exempt person as provided in this chapter.
s. Any suspension, denial or revocation of a license may be appealed
by the applicant or licensee pursuant to procedures established by the
police commissioner for administrative review.
Section 10-302.1
§ 10-302.1 Preventing the diversion of firearms, rifles and shotguns
to criminals. a. No dealer in firearms and no dealer in rifles and
shotguns shall: (i) sell or otherwise dispose of more than one firearm
or more than one rifle or shotgun to any individual as part of the same
sales transaction; or (ii) sell or otherwise dispose of a rifle or
shotgun to any individual if the dealer knows or should know that such
individual has purchased a rifle or shotgun within the prior ninety
days, or (iii) sell or otherwise dispose of a firearm to any individual
if the dealer knows or should know that such individual has purchased a
firearm within the prior ninety days.
b. No person shall acquire a firearm if such person has acquired a
firearm within the previous ninety days. No person shall acquire a rifle
or shotgun if such person has acquired a rifle or shotgun within the
previous ninety days. For purposes of this subdivision when a firearm,
rifle or shotgun is acquired by a corporation, partnership, or other
entity, it shall be considered to have been acquired by each natural
person who is an officer, director or other principal of such entity,
unless the firearm, rifle or shotgun is acquired on behalf of such
entity by a person who is licensed by the commissioner as gun custodian
or special gun custodian, or acquired on behalf of an organization
possessing an organization registration certificate, as those terms are
used in title thirty-eight of the rules of the city of New York.
c. Before disposing of any firearm, rifle or shotgun to a person
licensed by the commissioner to possess firearms, rifles or shotguns,
any dealer in firearms, dealer in rifles and shotguns or other person
shall contact the police department to ensure compliance with the
requirements of this section.
d. Any dealer in firearms, dealer in rifles and shotguns or other
person who disposes of any firearm, rifle or shotgun to a person
licensed by an authority other than the commissioner to possess
firearms, rifles or shotguns shall make reasonable efforts to contact
such licensing authority and to ascertain the most recent date of
acquisition by such licensee of a firearm, in the case of disposition of
a firearm, or of a rifle or shotgun, in the case of disposition of a
rifle or shotgun.
e. Any dealer in firearms or dealer in rifles or shotguns who disposes
of any firearm, rifle or shotgun shall, before or at the time of
disposing of such firearm, rifle or shotgun, record, in the record book
required to be kept by subdivision n of section 10-302, the efforts made
by such dealer to ensure compliance with the requirements of this
section, any exception or exemption set forth in this section that such
dealer reasonably believes would authorize the disposal of such firearm,
rifle or shotgun, and the grounds for such dealer's belief that such
exception or exemption applies.
f. Exceptions. The provisions of this section shall not apply to the
sale of firearms, rifles or shotguns to (i) a police officer, as such
term is defined in section 1.20 of the criminal procedure law, (ii) a
federal law enforcement officer, as such term is defined in section 2.15
of the criminal procedure law, (iii) a public agency in furtherance of
official business, (iv) persons in the military service of the state of
New York, when duly authorized by regulations issued by the adjutant
general to possess such weapons, (v) persons in the military or other
service of the United States, in pursuit of official duty or when duly
authorized by federal law, regulation or order to possess such weapons,
(vi) persons employed in fulfilling defense contracts with the
government of the United States or agencies thereof when possession of
such weapons is necessary for manufacture, transport, installation and
testing under the requirements of such contract, (vii) peace officers as
defined in section 2.10 of the criminal procedure law, provided that
such peace officers are authorized pursuant to law or regulation of the
state or city of New York to possess a firearm, rifle or shotgun within
the city of New York without a license or permit therefor, and are
authorized by their employer to possess such firearm, rifle or shotgun,
(viii) persons licensed as dealers, manufacturers or importers of
firearms pursuant to chapter 44 of title 18 of the United States Code,
(ix) any motion picture, television or video production company or
entertainment or theatrical company whose production involves the use of
firearms, rifles or shotguns, provided that such weapons shall be
properly registered and a special theatrical permit shall have been
issued for such weapons pursuant to rules established by the
commissioner, (x) with respect to the sale of firearms only, persons
licensed by the commissioner as gun custodians or special gun
custodians, as those terms are used in title thirty-eight of the rules
of the city of New York, and (xi) with respect to the sale of rifles and
shotguns only, organizations possessing an organization registration
certificate, as that term is used in title thirty-eight of the rules of
the city of New York.
g. Exempt transactions. The requirements of this section shall not
apply to: (i) any transaction in which a person acquires a firearm,
rifle or shotgun by operation of law, or because of the death of another
person for whom such person is an executor or administrator of an estate
or a trustee of a trust created in a will, provided that within fifteen
days such person surrenders such firearm, rifle or shotgun to the
commissioner until it can be reacquired without violation of this
section or other applicable law. If a firearm, rifle or shotgun is
surrendered pursuant to this subdivision but no written request to
reacquire it is received by the commissioner within two years of such
surrender, the commissioner shall dispose of such firearm in accordance
with the provisions of section 400.05 of the penal law;
(ii) the exchange of a firearm, rifle or shotgun by a dealer in
firearms or a dealer in rifles and shotguns for another firearm, rifle
or shotgun previously purchased from such dealer by the person
requesting such exchange, provided that such exchange takes place within
thirty days of such request;
(iii) the acquisition or disposal of an antique firearm, rifle or
shotgun which is incapable of being fired or discharged or which does
not fire fixed ammunition, or a firearm, rifle or shotgun manufactured
prior to eighteen hundred ninety-four or whose design was patented and
whose commercial manufacture commenced prior to eighteen hundred
ninety-four and whose manufacture continued after such year without any
substantial alteration in design or function, and for which cartridge
ammunition is not commercially available and is possessed as a curiosity
or ornament or for its historical significance and value;
(iv) the acquisition or disposal of a firearm at an indoor or outdoor
pistol range when such acquisition or disposal begins a period of
possession or use of the firearm that is authorized by paragraphs 7-a,
7-b, or 7-e of subdivision a of section 265.20 of the penal law;
(v) the sale of a firearm by a dealer in firearms to a person whose
firearm is stolen or irretrievably lost, provided that: (1) such person
has complied with any legal requirement to report the loss or theft,
including but not limited to the applicable provisions of title
thirty-eight of the rules of the city of New York and section 400.10 of
the penal law;
(2) such person provides to such dealer a copy of a police report of
the loss or theft or of any report made pursuant to the applicable
provisions of title thirty-eight of the rules of the city of New York
and section 400.10 of the penal law, which copy the dealer shall attach
to the record book required to be kept by subdivision n of section
10-302;
(3) the copy provided pursuant to subparagraph two of this paragraph
contains the name and address of the regulated firearm owner, a
description of the regulated firearm, the location of the loss or theft,
if known, the date of the loss or theft, if known, and the date when the
loss or theft was reported to the law enforcement agency; and
(4) such person's attempt to replace the regulated firearm occurs
within thirty days of the loss or theft of such firearm, if known, or,
if such date is not known, within thirty days of the date when the loss
or theft was reported to the law enforcement agency, as reflected by the
information recorded on the police report; and
(vi) any other transaction authorized in advance in writing by the
commissioner.
h. Penalties. (i) In addition to the penalties specified in section
10-310, any act or omission that constitutes or would constitute a
violation of this section or of rules and regulations issued by the
commissioner pursuant thereto shall be grounds for the revocation of a
license to deal in firearms, deal in rifles and shotguns, possess
firearms, or possess a rifle or shotgun.
(ii) Any firearm disposed of or acquired in violation of this section
shall be a nuisance subject to surrender and forfeiture in accordance
with the procedures specified in section 400.05 of the penal law.
i. The commissioner may make and promulgate such rules and regulations
as are necessary to carry out the provisions of this section. Such rules
and regulations may address, but need not be limited to:
(i) procedures for implementation of this section by the commissioner;
(ii) establishment of a database of firearm, rifle and shotgun
purchases for the purpose of enforcing the requirements of this chapter;
and
(iii) the specification of reasonable efforts required to comply with
subdivision d of this section.
Section 10-303
§ 10-303 Permits for possession and purchase of rifles and shotguns.
It shall be unlawful to dispose of any rifle or shotgun to any person
unless said person is the holder of a permit for possession and purchase
of rifles and shotguns; it shall be unlawful for any person to have in
his or her possession any rifle or shotgun unless said person is the
holder of a permit for the possession and purchase of rifles and
shotguns.
The disposition of a rifle or shotgun, by any licensed dealer in
rifles and shotguns, to any person presenting a valid rifle and shotgun
permit issued to such person, shall be conclusive proof of the legality
of such disposition by the dealer.
a. Requirements. No person shall be denied a permit to purchase and
possess a rifle or shotgun unless the applicant:
(1) is under the age of twenty-one; or
(2) is not of good moral character; or
(3) has been convicted anywhere of a felony; of a serious offense as
defined in § 265.00 (17) of the New York State Penal Law; of a
misdemeanor crime of domestic violence as defined in § 921 (a) of title
18, United States Code; of a misdemeanor crime of assault as defined in
the penal law where the applicant was convicted of such assault within
the ten years preceding the submission of the application; or of any
three misdemeanors as defined in local, state or federal law, however
nothing in this paragraph shall preclude the denial of a permit to an
applicant with fewer than three misdemeanor convictions; or
(4) has not stated whether he or she has ever suffered any mental
illness or been confined to any hospital or institution, public or
private, for mental illness; or
(5) is not now free from any mental disorders, defects or diseases
that would impair the ability safely to possess or use a rifle or
shotgun; or
(6) has been the subject of a suspension or ineligibility order issued
pursuant to § 530.14 of the New York State Criminal Procedure Law or §
842-a of the New York State Family Court Act; or
(7) who is subject to a court order that
(a) was issued after a hearing of which such person received actual
notice, and at which such person had the opportunity to participate;
(b) restrains such person from harassing, stalking, or threatening an
intimate partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or child; and
(c)(i) includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child
that would reasonably be expected to cause bodily injury;
(d) For purposes of this section only, "intimate partner" means, with
respect to a person, the spouse of the person, a former spouse of the
person, an individual who is a parent of a child of the person, and an
individual who cohabitates or has cohabitated with the person; or
(8) has been convicted of violating section 10-303.1 of this chapter;
or
(9) unless good cause exists for the denial of the permit.
b. Application. Application for a rifle and shotgun permit shall be
made to the police commissioner, shall be signed and affirmed by the
applicant and shall state his or her full name, date of birth,
residence, physical condition, occupation and whether he or she complies
with each requirement specified in subdivision a of this section, and
any other information required by the police commissioner to process the
application. Each applicant shall submit with his or her application a
photograph of himself or herself in duplicate, which shall have been
taken within thirty days prior to the filing of the application. Any
willful or material omission or false statement shall be a violation of
this section and grounds for denial of the application.
c. Before a permit is issued or renewed, the police department shall
investigate all statements required in the application. For that
purpose, the records of the department of mental hygiene concerning
previous or present mental illness of the applicant shall be available
for inspection by the investigating officer of the police department. In
order to ascertain any previous criminal record, the investigating
officer shall take the fingerprints and physical descriptive data in
quadruplicate of each individual by whom the application is signed. Two
copies of such fingerprints shall be taken on standard fingerprint cards
eight inches square, and one copy may be taken on a card supplied for
that purpose by the federal bureau of investigation. When completed, one
standard card shall be promptly submitted to the division of criminal
justice services where it shall be appropriately processed. A second
standard card, or the one supplied by the federal bureau of
investigation, as the case may be, shall be forwarded to that bureau at
Washington with a request that the files of the bureau be searched and
notification of the results of the search be made to the police
department. The failure or refusal of the federal bureau of
investigation to make the fingerprint check provided for in this section
shall not constitute the sole basis for refusal to issue a permit
pursuant to the provisions of this section. Of the remaining two
fingerprint cards, one shall be filed with the executive department,
division of state police, Albany, within ten days after issuance of the
permit, and the other remain on file with the police department. No such
fingerprints may be inspected by any person other than a peace officer,
when acting pursuant to his or her special duties, or a police officer,
except on order of a justice of a court of record either upon notice to
the permittee or without notice, as the judge or justice may deem
appropriate. Upon completion of the investigation, the police department
shall report the results to the police commissioner without unnecessary
delay.
d. Fees. The fee for an application for a rifle and shotgun permit or
renewal thereof shall be one hundred forty dollars.
e. Issuance. (1) Upon completion of the investigation, and in no event
later than thirty days from the submission of the application, unless
the police commissioner determines more time is needed for an
investigation and then it shall not exceed sixty days, the commissioner
shall issue the permit or shall notify the applicant of the denial of
the application and the reason or reasons therefor. The applicant shall
have the right to appeal said denial pursuant to procedures established
by the police commissioner for administrative review.
(2) Any person holding a valid license to carry a concealed weapon in
accordance with the provisions of the penal law, shall be issued such
permit upon filing an application and upon paying the established fee
therefor, without the necessity of any further investigation, affidavits
or fingerprinting, unless the police commissioner has reason to believe
that the status of the applicant has changed since the issuance of the
prior license.
f. Validity. Any person to whom a rifle and shotgun permit has been
validly issued pursuant to this chapter may possess a rifle or shotgun.
No permit shall be transferred to any other person. Every person
carrying a rifle or shotgun shall have on his or her person a permit
which shall be exhibited for inspection to any peace officer or police
officer upon demand. Failure of any such person to so exhibit his or her
permit shall be presumptive evidence that he or she is not duly
authorized to possess a rifle or shotgun and the same may be considered
by the police commissioner as cause for revocation or suspension of such
permit. A permit shall be valid for three (3) years and shall be subject
to automatic renewal, upon sworn application, and without investigation,
unless the police commissioner has reason to believe that the status of
the applicant has changed since the previous application.
g. Revocation or suspension. A permit shall be revoked upon the
conviction in this state, or elsewhere, of a person holding a rifle or
shotgun permit, of a felony or a serious offense. A permit may be
revoked or suspended at any time upon evidence of any other
disqualification set forth in subdivision a of this section. Upon
revocation or suspension of a permit for any reason, the police
commissioner shall immediately notify the New York state division of
criminal justice services. The police commissioner shall from time to
time send a notice and supplemental report hereof, containing the names,
addresses and permit numbers of each person whose rifle and shotgun
permit has been revoked or suspended to all licensed dealers in rifles
and shotguns throughout the city for the purpose of notifying such
dealers that no rifles or shotguns may be issued or sold or in any way
disposed of to any such persons. The police commissioner or any police
officer acting at the police commissioner's direction shall forthwith
seize any rifle and shotgun permit which has been revoked or suspended
hereunder and shall seize any rifle or shotgun possessed by such person,
provided that the person whose rifle or shotgun permit has been revoked
or suspended, or such person's appointee or legal representative, shall
have the right at any time up to one year after such seizure to dispose
of such rifle or shotgun to any licensed dealer or any other person
legally permitted to purchase or take possession of such rifle or
shotgun. The permittee shall have the right to appeal any suspension or
revocation pursuant to procedures established by the commissioner for
administrative review.
h. Non-residents. Non-residents of the city of New York may apply for
a rifle or shotgun permit subject to the same conditions, regulations
and requirements as residents of the city of New York.
Section 10-303.1
§ 10-303.1 Prohibition of the possession or disposition of assault
weapons.
a. It shall be unlawful for any person to possess or dispose of any
assault weapon within the city of New York, except as provided in
subdivision d, e or f of this section or section 10-305. A person who
peaceably surrenders an assault weapon to the commissioner pursuant to
subdivision d, e or f of this section or subdivision f of section 10-305
shall not be subject to the criminal or civil penalties set forth in
this section.
b. Criminal penalty. Any person who shall violate subdivision a of
this section shall be guilty of an unclassified misdemeanor punishable
by a fine of not more than five thousand dollars or by imprisonment of
up to one year, or by both such fine and imprisonment, for each assault
weapon disposed of or possessed, provided that the first violation of
subdivision a of this section involving possession of an assault weapon
as defined in paragraph c of subdivision 16 of section 10-301 shall be
an offense punishable by a fine of not more than three hundred dollars
or imprisonment of not more than fifteen days, or both, on condition
that (1) such first violation is not in conjunction with the commission
of a crime and (2) the possessor has not been previously convicted of a
felony or a serious offense.
c. Civil penalty. In addition to the penalties prescribed in
subdivision b of this section, any person who shall violate subdivision
a of this section shall be liable for a civil penalty of not more than
twenty-five thousand dollars for each assault weapon disposed of or
possessed, to be recovered in a civil action brought by the corporation
counsel in the name of the city in any court of competent jurisdiction,
provided that the first violation by any person of subdivision a of this
section involving possession of an assault weapon as defined in
paragraph c of subdivision sixteen of section 10-301 shall subject such
person to a civil penalty of not more than five thousand dollars on
condition that (1) such first violation is not in conjunction with the
commission of a crime and (2) the possessor has not been previously
convicted of a felony or a serious offense.
d. Disposition of assault weapons by permittees, licensees and
previously exempt persons. Any person who, on or after the effective
date of this local law, shall possess an assault weapon and a valid
permit for possession and purchase of rifles and shotguns and a
certificate of registration for such assault weapon, and any licensed
dealer in firearms or licensed dealer in rifles and shotguns who is not
licensed as a special theatrical dealer and who, on or after the
effective date of this local law, shall possess an assault weapon, and
any police officer or peace officer who, before the effective date of
this local law was exempt from the sections of the administrative code
requiring rifle and shotgun permits and certificates, and who, upon the
effective date of this local law, is not exempt from the sections of the
administrative code prohibiting the possession or disposition of assault
weapons, and who, on or after the effective date of this local law,
shall possess an assault weapon, shall, within ninety days of the
effective date of rules promulgated by the commissioner pursuant to
subparagraph 7 of paragraph a of subdivision 16 of section 10-301,
either:
(1) peaceably surrender his or her assault weapon pursuant to
subdivision f of section 10-305 for the purpose of destruction of such
weapon by the commissioner, provided that the commissioner may authorize
the use of such weapon by the department; or (2) lawfully remove such
assault weapon from the city of New York. All assault weapons possessed
by such permittees, licensees and previously exempt persons shall be
subject to the provisions of this subdivision, whether defined as
assault weapons in subdivision 16 of section 10-301 or in rules
promulgated by the commissioner pursuant to subparagraph 7 of paragraph
a of subdivision 16 of section 10-301.
e. Disposition of assault weapons by non-permittees. Any person who,
on or after the effective date of this local law, shall possess an
assault weapon and who is not the holder of a valid permit for
possession and purchase of rifles and shotguns and a certificate of
registration for such assault weapon, shall peaceably surrender his or
her assault weapon pursuant to subdivision f of section 10-305 for the
purpose of destruction of such weapon by the commissioner, provided that
the commissioner may authorize the use of such weapon by the department,
and provided further that heirs and legatees may dispose of assault
weapons pursuant to subdivision f of this section.
f. Disposition of assault weapons by heirs and legatees. Any person
who acquires an assault weapon on or after the effective date of this
local law by the laws of intestacy or by testamentary bequest shall,
within ninety days of such acquisition, either: (1) peaceably surrender
such assault weapon pursuant to subdivision f of section 10-305 for the
purpose of destruction of such weapon by the commissioner, provided that
the commissioner may authorize the use of such weapon by the department;
or (2) lawfully remove such assault weapon from the city of New York.
g. Within thirty days of the effective date of rules promulgated by
the commissioner pursuant to subparagraph 7 of paragraph a of
subdivision 16 of section 10-301, the commissioner shall send by regular
mail to every person who has been issued a permit to possess a rifle or
shotgun and whose rifle or shotgun the commissioner reasonably believes
to be an assault weapon as defined in subdivision 16 of section 10-301
or as defined in such rules, a written notice setting forth the
requirements and procedures relating to the disposition of such weapons,
and the criminal and civil penalties that may be imposed upon the
permittee for unlawful possession or disposition of such weapons.
Failure by the commissioner to send, or the permittee to receive, such
notice, shall not excuse such permittee for unlawful possession or
disposition of such weapons.
h. Surrender of firearms. At the discretion of the police
commissioner, any person convicted of violating this section may be
subject to immediate surrender of all firearms in his or her possession.
Section 10-303.2
§ 10-303.2 Civil penalty; firearms dealers and manufacturers.
a. Definitions. For purposes of this section, the terms "firearm,"
"handgun," "dealer," "collector," and "manufacturer" shall have the
meanings set forth in 18 U.S.C. §921, as such section may be amended
from time to time, or any successor provision thereto. The term
"transfer" shall be deemed to include any sale, assignment, pledge,
lease, loan, gift or other disposition. References to "statutes, laws or
regulations" shall be deemed to include federal, state and local
statutes, laws, local laws, ordinances, rules and regulations.
b. Manufacturer and Dealer Liability. A manufacturer or dealer shall
be liable for any injury or death caused by a firearm that it has
transferred, if (i) such injury or death results from the use of such
firearm by an individual not authorized by law to possess such firearm
in the city of New York, and (ii) such manufacturer or dealer, or any
other individual or entity acting subsequent to such manufacturer or
dealer, unlawfully transferred such firearm at any time prior to such
injury or death. Such liability also includes the possible imposition of
punitive damages. Liability under this section does not extend to any
manufacturer or dealer that has complied with the following standards
during a period of one year immediately preceding and including the
transfer of such firearm:
(1) The manufacturer or dealer executes no transfers or agreements to
transfer at gun shows except for gun shows that maintain a practice of
performing instant criminal background checks consistent with 18 U.S.C.
§ 922(t), as such subsection may be amended from time to time and any
successor provision thereto, on all transfers, whether by licensed or
unlicensed sellers.
(2) Any place of business operated by the manufacturer or dealer is
located at a fixed address where:
(a) a record is maintained, as may be required by any statute, law or
regulation, of the make, model, caliber or gauge, and serial number of
all firearms held in inventory or offered for sale; and
(b) a record is maintained, as may be required by any statute, law or
regulation, of the make, model, caliber or gauge, and serial number of
all firearms sold, and of any identifying information required by any
such statute, law or regulation to be obtained from purchasers;
(3) The manufacturer or dealer provides access to the aforementioned
records to officers, employees and agents of public agencies conducting
inspections, to the full extent required by applicable statutes, laws
and regulations;
(4) The manufacturer or dealer limits transfers to any individual or
entity to one handgun in any given thirty-day period, provided that this
paragraph shall not apply to lawful transfers to (a) public agencies in
furtherance of official business; (b) law enforcement officers employed
by public agencies; (c) private security firms, holding any permits or
licenses required by applicable statutes, laws and regulations, for the
use of their agents and employees; (d) private operators of state and
local correctional facilities, for the use of their agents and
employees; or (e) licensed manufacturers, licensed dealers or licensed
collectors, as those terms are defined by 18 U.S.C. § 921, as such
section may be amended from time to time, or any successor provision
thereto;
(5) The manufacturer or dealer has complied with all applicable
statutes, laws and regulations governing the transfer of firearms; and
(6) The manufacturer or dealer has not transferred a firearm to any
other manufacturer or dealer in circumstances in which the manufacturer
or dealer transferring such firearm knew or should have known that such
manufacturer or dealer had not complied with the standards set forth in
this subdivision.
c. Exceptions. (1) No action may be commenced pursuant to this section
by any person injured or killed by the discharge of a firearm that is
lawfully possessed by a law enforcement official employed by a public
agency.
(2) This section shall not limit in scope any cause of action, other
than that provided by this section, available to a person injured by or
killed by a firearm.
(3) Nothing in this section shall prevent a manufacturer or dealer
from seeking whole or partial indemnity or contribution for any
liability incurred under this section from any third party wholly or
partially responsible for the injury or death.
(4) Notwithstanding the provisions of subdivision b, there shall be no
basis for liability under this section if the manufacturer or dealer
proves by a preponderance of the evidence that: (i) the person injured
or killed by the discharge of a firearm was committing or attempting to
commit a crime (whether or not such crime is actually charged); (ii) the
unlawful transfer or possession of the firearm is solely a result of the
failure of the owner of the firearm to renew a license, permit or
registration within six months of the date such renewal is required; or
(iii) prior to the injury or death caused by the firearm, a lawful
possessor of the firearm has reported its theft to a federal, state or
local law enforcement agency, or reported its loss to an appropriate
public agency.
(5) Notwithstanding the provisions of subdivision b, there shall be no
basis for liability under this section if the manufacturer or dealer
proves by a preponderance of the evidence that the manufacturer or
dealer lawfully transferred the firearm to: (i) a public agency in
furtherance of official business; (ii) a law enforcement officer
employed by a public agency; (iii) a private security firm, holding any
permits or licenses required by applicable statutes, laws and
regulations, for the use of its agents and employees; or (iv) a private
operator of a state or local correctional facility for the use of its
agents and employees.
(6) Notwithstanding the provisions of subdivision b, there shall be no
basis for liability under this section if the manufacturer or dealer
proves by a preponderance of the evidence that the injury or death is
not directly or indirectly related to any act or omission by such
manufacturer or dealer, including but not limited to any failure by the
manufacturer or dealer to comply with the standards set forth in
subdivision b of this section.
Section 10-304
§ 10-304 Certificates of registration. a. It shall be unlawful for any
person to have in his or her possession any rifle or shotgun unless said
person is the holder of a certificate of registration for such rifle or
shotgun.
b. It shall be unlawful for any person who is not a licensed dealer to
dispose of any rifle or shotgun for which such person does not have a
certificate of registration unless such person files with the police
commissioner a declaration in duplicate, signed and affirmed by the
declarant which shall list by caliber, make, model, manufacturer's name
and serial number, or if none, any other distinguishing number or
identification mark, of each rifle and shotgun possessed by the
declarant. Upon receipt of acknowledgement of said declaration by the
police commissioner, the declarant may lawfully sell, transfer, or
otherwise dispose of such rifles or shotguns to a licensed dealer or any
other person legally permitted to purchase or take possession of such
rifles or shotguns.
Any willful or material omission or false statement shall be a
violation of this section.
c. Exhibition of certificate. Every person carrying a rifle or shotgun
shall have on his or her person a certificate of registration valid for
such weapon. Upon demand, the appropriate certificate shall be exhibited
for inspection to any peace officer or police officer. Failure of any
person to so exhibit his or her certificate shall be presumptive
evidence that he or she is not duly authorized to possess such rifle or
shotgun and may be considered by the police commissioner as cause for
revocation or suspension or such person's permit.
d. Revocation. The revocation of a rifle or shotgun permit shall
automatically be deemed to be a revocation of all certificates of
registration for rifles and shotguns held by the person whose permit has
been revoked.
e. Disposition of rifles and shotguns. No person lawfully in
possession of a rifle or shotgun shall dispose of same except to a
licensed dealer in firearms, licensed dealer in rifles and shotguns, the
holder of a valid rifle and shotgun permit, an exempt person as
enumerated in this chapter, or a non-resident of the city of New York
not subject to the permit requirements of this chapter.
Any person so disposing of a rifle or shotgun shall report the
disposition on forms provided by the commissioner setting forth the
rifle and shotgun permit number of both seller and purchaser, the make,
caliber, type, model and serial number, if any, and if the seller is a
licensed dealer the certificate of registration number, of all such
rifles and shotguns. Such form shall be signed by both seller and
purchaser and the original shall be forwarded to the police commissioner
within seventy-two hours of the disposition, one copy shall be retained
by the seller, another by the purchaser.
1. If the seller is a licensed dealer, he or she shall at the time of
the sale issue a certificate of registration to the purchaser provided
to the dealer for that purpose by the police commissioner and shall
forward to the police commissioner the duplicate thereof, together with
the report of disposition.
2. If the seller is not a licensed dealer, the police commissioner
shall, if the purchaser's rifle permit is valid, issue the certificate
of registration within ten days of the receipt by the police
commissioner of the report of disposition. Pending receipt of the
certificate, but in no event for any longer than fourteen days from the
date of purchase, the copy of the report of disposition shall serve in
lieu of the purchaser's certificate of registration.
f. No fee shall be charged for a certificate of registration.
g. Notwithstanding any other provision of this section concerning the
transfer, receipt, acquisition, or any other disposition of a rifle or
shotgun, a rifle and shotgun permit shall not be required for the
passing of a rifle or shotgun upon the death of an owner, to his or her
heir or legatee, whether the same be by testamentary bequest or by the
laws of intestacy, except that the person who shall so receive or
acquire said rifle or shotgun shall be subject to all other provisions
of this chapter, provided further that if the heir or legatee of the
owner of such rifle or shotgun does not qualify to possess same under
this chapter, the rifle or shotgun may be possessed by the heir or
legatee for the purpose of sale as otherwise provided herein for a
period not exceeding one hundred eighty days or for such further limited
period beyond the one hundred eighty days as may be approved by the
commissioner, said extensions in no event to exceed a total of ninety
days.
Section 10-305
§ 10-305 Exemptions. The sections requiring rifle and shotgun permits
and certificates and prohibiting the possession or disposition of
assault weapons shall not apply as follows:
a. Minors. Any person under the age of twenty-one years may carry,
fire, or use any rifle or shotgun in the actual presence or under the
direct supervision of any person who is a holder of a rifle or shotgun
permit, or for the purpose of military drill under the auspices of a
legally recognized organization and under competent supervision or for
the purpose of competition or target practice in and upon a firing range
approved by the police commissioner or any other governmental agency
authorized to provide such approval, or the national rifle association,
which is under competent supervision at the time of such competition or
target practice, provided that the rifle or shotgun is otherwise
properly registered or exempt from registration by virtue of some other
provision of this chapter. This exemption shall not apply to assault
weapons.
b. Antiques and ornaments. The provisions of this chapter shall not
apply to antique rifles and shotguns which are incapable of being fired
or discharged or which do not fire fixed ammunition, or those weapons
manufactured prior to eighteen hundred ninety-four and those weapons
whose design was patented and whose commercial manufacture commenced
prior to eighteen hundred ninety-four and whose manufacture continued
after eighteen hundred ninety-four without any substantial alteration in
design or function, and for which cartridge ammunition is not
commercially available and are possessed as curiosities or ornaments or
for their historical significance and value. This exemption shall not
apply to assault weapons.
c. Persons in the military service in the state of New York, when duly
authorized by regulations issued by the chief of staff to the governor
to possess the same, and police officers, provided that such police
officers shall not be exempt from the sections prohibiting the
possession or disposition of assault weapons except during the
performance of their duties as police officers, and other peace officers
as defined in section 2.10 of the criminal procedure law, provided that
such peace officers (1) are authorized pursuant to law or regulation of
the state or city of New York to possess either (a) a firearm within the
city of New York without a license or permit therefor, or (b) a rifle,
shotgun or assault weapon within the city of New York without a permit
therefor; and (2) are authorized by their employer to possess such
rifle, shotgun or assault weapon; and (3) shall not possess such rifle,
shotgun or assault weapon except during the performance of their duties
as peace officers.
d. Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal law,
regulation or order to possess the same.
e. Persons employed in fulfilling defense contracts with the
government of the United States or agencies thereof when possession of
the same is necessary for manufacture, transport, installation and
testing under the requirements of such contract.
Any such person exempted by subdivisions c, d and e above, may
purchase a rifle or shotgun only from a licensed dealer, and must submit
to the dealer full and clear proof of identification, including shield
number, serial number, military or governmental order or authorization,
and military or other official identification. Any dealer who disposes
of a rifle or shotgun to any exempt person without securing such
identification shall be in violation of these sections.
f. A person may voluntarily surrender a rifle, shotgun or assault
weapon to the police commissioner, provided, that the same shall be
surrendered by such person only after he or she gives notice in writing
to the police commissioner, stating such person's name, address, the
type of gun to be surrendered, and the approximate time of day and the
place where such surrender shall take place and such time of day and
place have been approved in writing by the police commissioner. Nothing
in this subdivision shall be construed as granting immunity from
prosecution for any crime or offense except that of unlawful possession
of such rifle, shotgun or assault weapon.
g. The regular and ordinary transport of rifles, shotguns or assault
weapons as merchandise provided that the person transporting such
rifles, shotguns or assault weapons where he or she knows or has
reasonable means of ascertaining what such person is transporting,
notifies, in writing, the police commissioner of the name and address of
the consignee and the place of delivery, and withholds delivery to the
consignee for such reasonable period of time designated in writing by
the police commissioner as the police commissioner may deem necessary
for investigation as to whether the consignee may lawfully receive and
possess such rifles, shotguns or assault weapons.
h. Possession by retail customers for the purpose of firing at duly
licensed rifle target concessions at amusement parks, piers, and similar
locations provided that the rifles to be so used be firmly chained or
affixed to the counter and that the individual rifles are registered by
the proprietor and that the proprietor is in possession of a rifle and
shotgun permit. This exemption shall not apply to assault weapons.
i. (1) Non-residents in transit. Any other provision of this chapter
to the contrary notwithstanding, a non-resident of the city of New York
who, without a rifle and shotgun permit issued hereunder, enters the
city of New York possessing a rifle or shotgun in the course of transit
to a destination outside the city of New York, or a non-resident of the
city of New York who enters the city of New York possessing an assault
weapon in the course of transit to a destination outside the city of New
York, shall have a period of twenty-four hours subsequent to such
entering to be exempt from penalty under this chapter for the unlawful
possession of a rifle, shotgun or assault weapon, provided that such
rifle, shotgun or assault weapon shall at all times be unloaded and in a
locked case, or locked automobile trunk, and that said non-resident is
lawfully in possession of said rifle, shotgun or assault weapon
according to the laws of his or her place of residence.
(2) Non-residents purchasing a rifle or shotgun from a licensed
dealer. Any other provision of this chapter notwithstanding, a
non-resident of the city of New York may purchase a rifle or shotgun
from a licensed dealer provided that he or she presents the dealer with
documentary evidence of his or her identity and place of residence, and
the rifle or shotgun purchased is either personally delivered to the
purchaser or transmitted by the dealer directly to the purchaser's
residence. In the event the purchaser is traveling from the city by
rail, ship or plane, the dealer is hereby authorized to deliver such
rifle or shotgun at the appropriate terminal to a representative of the
railroad, airline or shipping company, for placement aboard such train,
plane or ship. If the rifle or shotgun is personally delivered to the
non-resident purchaser within the city of New York, the purchaser shall
have the rifle or shotgun removed from the city no later than
twenty-four hours after the time of purchase. This exemption shall not
apply to assault weapons.
j. Nothing herein contained shall be construed to be a prohibition of
the conduct of business by manufacturers, wholesale dealers, interstate
shippers, or any other individuals or firms properly licensed by the
federal government, where such prohibition would be preempted by federal
law.
k. Special theatrical permit. Nothing herein contained is intended to
prevent the possession or utilization of any rifle, shotgun or assault
weapon during the course of any television, movie, stage or other
similar theatrical production, or by a professional photographer in the
pursuance of his or her profession, provided however, that the rifle or
shotgun so used shall be properly registered and a special theatrical
permit shall have been issued for the rifle, shotgun or assault weapon
pursuant to rules established by the commissioner.
l. Persons in possession of, using or transporting rifles which have
been issued by the director of civilian marksmanship of the department
of the army, pursuant to the provisions of ten U.S.C.A., sections
4307-4309, unto a civilian rifle club, or unto a rifle team representing
an educational institution, provided that such persons are members in
good standing of an accredited civilian rifle club, or are connected as
students or coaches with such educational institution, shall not be
required to obtain a certificate of registration for such rifle. This
exemption shall not apply to assault weapons.
m. Any resident of the city of New York acquiring a rifle or shotgun
outside the city of New York shall within seventy-two hours after
bringing such weapon into the city make application for a rifle and
shotgun permit, if such person does not already possess such permit, and
for a certificate of registration.
Pending the issuance of such permit and/or certificate of registration
such resident shall deposit such weapon with a designated officer, at
the police precinct in which such person resides, who shall issue a
receipt therefor and said weapon shall be retained at the precinct until
the resident shall produce the proper permit and registration
certificate. This exemption shall not apply to assault weapons.
n. The provisions of section 10-303 of this chapter shall not apply to
persons who are members of units of war veterans organizations, which
organizations are duly recognized by the veterans administration,
pursuant to section three thousand four hundred two of title
thirty-eight of the United States code, and who are specifically
designated to carry rifles or shotguns by the commanders of said units,
while actually participating in, going to or returning from, special
events authorized by the commissioner. Said rifles or shotguns, to be
carried, must be the property of the unit of the war veterans
organization, must be registered with the police commissioner pursuant
to section 10-304 of this chapter and must be kept at the unit's
headquarters or some central place as registered.
o. Nothing herein shall exempt a member of a unit of a war veterans
organization from possessing a permit issued pursuant to section 10-303,
to carry rifles or shotguns which are not the property of a war veterans
organization; nor shall that member be exempt from registering such
rifles or shotguns, pursuant to section 10-304, which said member may
personally own, possess or purchase.
p. Any gunsmith licensed pursuant to section 10-302 may engage in the
business of gunsmith as authorized by such license.
q. Notwithstanding the provisions of this chapter prohibiting the
possession or disposition of assault weapons, a special theatrical
dealer may possess such weapons exclusively for the purpose of leasing
such weapons to special theatrical permittees within the city and for
theatrical purposes outside the city and may, in addition, with the
written approval of the commissioner, permanently remove one or more
assault weapons from the city.
Section 10-306
§ 10-306 Disposition, purchase and possession of ammunition and
ammunition feeding devices. a. No person, except a dealer in rifles and
shotguns, may dispose of to another person an ammunition feeding device
which is designed for use in a rifle or shotgun and which is capable of
holding more than five rounds of rifle or shotgun ammunition, except in
the manner provided in this chapter for the disposition of assault
weapons, provided that a person in lawful possession of such ammunition
feeding devices may dispose of such ammunition feeding devices to a
dealer in rifles and shotguns. No dealer in rifles and shotguns may
dispose of such ammunition feeding devices except to a person who is
exempt from subdivision a of section 10-303.1 pursuant to section
10-305.
b. No person may possess an ammunition feeding device which is
designed for use in a rifle or shotgun and which is capable of holding
more than five rounds of rifle or shotgun ammunition, unless such person
is exempt from subdivision a of section 10-303.1 pursuant to section
10-305, provided that a dealer in rifles and shotguns may possess such
ammunition feeding devices for the purpose of disposition authorized
pursuant to subdivision a of this section.
c. No ammunition suitable for use in a rifle of any caliber or for any
shotgun or ammunition feeding device which is designed for use in a
rifle or shotgun and which is capable of holding no more than five
rounds of rifle or shotgun ammunition shall be disposed of to any person
who has not been issued a rifle and shotgun permit and a certificate of
registration and who does not exhibit same to the dealer at the time of
the purchase. In no event shall rifle or shotgun ammunition be disposed
of to or possessed by any such person except for a shotgun, or for the
specific caliber of rifle, for which the certificate of registration has
been issued. No ammunition feeding device which is designed for use in a
rifle or shotgun and which is capable of holding more than five rounds
of rifle or shotgun ammunition shall be disposed of by a dealer in
rifles and shotguns to any person who does not exhibit proof that he or
she is exempt from subdivision a of section 10-303.1 pursuant to section
10-305.
d. It shall be unlawful for any person who is required to have a
permit in order to possess a rifle or shotgun and who has not been
issued such permit to possess rifle or shotgun ammunition or an
ammunition feeding device which is designed for use in a rifle or
shotgun.
e. A record shall be kept by the dealer of each disposition of
ammunition or ammunition feeding devices under this section which shall
show the type, caliber and quantity of ammunition or ammunition feeding
devices disposed of, the name and address of the person receiving same,
the caliber, make, model, manufacturer's name and serial number of the
rifle or shotgun for which the purchaser is purchasing ammunition, the
date and time of the transaction, and the number of the permit and
certificate exhibited or description of the proof of exemption exhibited
as required by this section. Such information shall be made available to
all law enforcement agencies.
f. Notwithstanding any other provision of this section, ammunition and
ammunition feeding devices which are designed for use in rifles or
shotguns and which are capable of holding no more than five rounds of
rifle or shotgun ammunition may be disposed of or possessed in the same
manner and pursuant to the same requirements, rules and exemptions as
apply to disposal or possession of rifles, shotguns or assault weapons
under this chapter, provided that a special theatrical permittee may not
possess live ammunition suitable for use in the rifle, shotgun or
assault weapon such permittee is authorized to possess. Ammunition
feeding devices which are designed for use in rifles or shotguns and
which are capable of holding more than five rounds of rifle or shotgun
ammunition may only be disposed of or possessed in the manner provided
in this section.
g. Notwithstanding any other provision of this section, any person
authorized to possess a pistol or revolver within the city of New York
may possess ammunition suitable for use in such pistol or revolver and a
dealer in firearms or dealer in rifles and shotguns may dispose of such
ammunition to such person pursuant to subdivision i of section 10-131.
h. Dealers in rifles and shotguns and special theatrical dealers may
lease ammunition feeding devices which are designed for use in rifles or
shotguns to special theatrical permittees. Special theatrical permittees
may possess such ammunition feeding devices subject to the same
conditions as apply with respect to such permittee's possession of
rifles, shotguns and assault weapons.
Section 10-307
§ 10-307 Supply of forms. The commissioner shall provide all dealers
in rifles and shotguns with adequate supplies of all forms including
applications for permits as required by this chapter, without charge.
Section 10-308
§ 10-308 Vehicles, rooms, dwellings or structures; possession therein.
The presence of a rifle, or shotgun, or rifle or shotgun ammunition, in
a vehicle, room, dwelling or structure, without a rifle and shotgun
permit therefor and a certificate of registration therefor, or the
presence of an assault weapon in a vehicle, room, dwelling or structure,
shall be presumptive evidence of possession thereof by all persons
occupying the vehicle, room, dwelling or structure at the time.
Section 10-309
§ 10-309 Identifying marks. a. Defacing. Any person who alters,
changes, removes, disfigures, obliterates or defaces the name of the
maker, model, manufacturer's or serial number of a rifle, shotgun or
assault weapon shall be in violation of this section.
b. Any rifle or shotgun sold or otherwise disposed of by a licensed
dealer, which does not contain a manufacturer's or serial number, must
have imbedded into the metal portion of such rifle or shotgun a dealer's
number. Failure to so mark and identify any rifle or shotgun shall be a
violation of this section.
Section 10-310
§ 10-310 Violation. Except as is otherwise provided in sections 10-302
and 10-303.1, violation of sections 10-301 through 10-309 and of rules
and regulations issued by the commissioner pursuant thereto shall be a
misdemeanor punishable by a fine of not more than one thousand dollars
or imprisonment of not more than one year or both, provided that the
first violation of such sections involving possession of an unregistered
rifle or shotgun or rifle or shotgun ammunition or an ammunition feeding
device which is designed for use in a rifle or shotgun and which is
capable of holding no more than five rounds of rifle or shotgun
ammunition shall be an offense punishable by a fine of not more than
three hundred dollars or imprisonment of not more than fifteen days, or
both on condition that (a) the first violation of possession of an
unregistered rifle and shotgun or rifle or shotgun ammunition or an
ammunition feeding device which is designed for use in a rifle or
shotgun and which is capable of holding no more than five rounds of
rifle or shotgun ammunition is not in conjunction with the commission of
a crime and (b) the possessor has not been previously convicted of a
felony or a serious offense and (c) the possessor has not previously
applied for and been denied a permit for such possession.
Section 10-311
§ 10-311 Sale of weapons without safety locking device prohibited.
a. It shall be unlawful for any person or business enterprise to
dispose of any weapon which does not contain a safety locking device.
For the purposes of this section and section 10-312: (1) weapon shall
mean a firearm, rifle, shotgun, or assault weapon, as such terms are
defined in section 10-301; or a machine gun, as defined in the penal
law; and (2) a safety locking device shall mean a design adaptation or
attachable accessory that will prevent the use of the weapon by an
unauthorized user, and includes, but is not limited to, a trigger lock,
which prevents the pulling of the trigger without the use of a key, or a
combination handle, which prevents the use of the weapon without the
alignment of the combination tumblers.
b. It shall be unlawful for any licensed manufacturer, licensed
importer, or licensed dealer to dispose of any weapon in the city of New
York unless it is accompanied by the following warning, which shall
appear in conspicuous and legible type in capital letters, and which
shall be printed on a label affixed to the weapon and on a separate
sheet of paper included within the packaging enclosing the weapon: "THE
USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE
WEAPON STORAGE. ALL WEAPONS SHOULD BE STORED UNLOADED AND LOCKED IN A
LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO
CHILDREN AND ANY OTHER UNAUTHORIZED PERSONS. NEW YORK CITY LAW
PROHIBITS, WITH CERTAIN EXCEPTIONS, ANY PERSON FROM ACQUIRING MORE THAN
ONE FIREARM, OR MORE THAN ONE RIFLE OR SHOTGUN, WITHIN A 90-DAY PERIOD."
c. Any person who applies for and obtains authorization to purchase a
weapon or otherwise lawfully obtains a weapon pursuant to chapters one
or three of title ten of this code shall be required to purchase or
obtain a safety locking device at the time he or she purchases or
obtains the weapon.
d. (1) The police commissioner is authorized to promulgate rules
setting forth the types of safety locking devices which will comply with
this section in accordance with subdivision a of this section. The city
of New York and its agencies, officers or employees shall not be liable
to any party by reason of any incident involving, or the use or misuse
of, a safety locking device that may have been purchased in compliance
with such rules promulgated by the commissioner.
(2) The police commissioner shall provide written notice of the
requirements of this section and section 10-312 to all persons who
receive an official authorization to purchase a weapon and all persons
applying for renewal of a license or permit issued pursuant to chapters
one or three of title ten, including any rules promulgated under this
subdivision. All persons applying for a license or permit or applying
for the renewal of a license or permit pursuant to chapters one or three
of title ten of this code, shall receive from the commissioner
information concerning the importance of using a safety locking device
while a weapon is not in use, and a warning that weapons should be
stored unloaded and locked in a location that is both separate from
their ammunition and inaccessible to children and any other unauthorized
persons.
e. Any violation of subdivisions a or b of this section or any rule
promulgated thereunder shall be a misdemeanor and triable by a judge of
the criminal court of the city of New York and punishable by
imprisonment of not more than thirty days or by a fine of not more than
five hundred dollars, or both.
Section 10-312
§ 10-312 Use of safety locking device required under certain
circumstances.
a. It shall be unlawful for any person who is the lawful owner or
lawful custodian of a weapon, as that term is defined in section 10-311,
to store or otherwise place or leave such weapon in such a manner or
under circumstances that it is out of his or her immediate possession or
control, without having rendered such weapon inoperable by employing a
safety locking device. Any person who violates this subdivision shall be
guilty of a violation, punishable by imprisonment of not more than ten
days or by a fine of not more than two hundred fifty dollars, or both.
b. Any person who violates subdivision a of this section having
previously been found guilty of a violation of such subdivision, or
under circumstances which create a substantial risk of physical injury
to another person, shall be guilty of a misdemeanor punishable by
imprisonment of not more than thirty days or by a fine of not more than
one thousand dollars, or both.
c. The provisions of this section shall not apply to weapons owned or
lawfully possessed by a police officer, as such term is defined in
section 1.20 of the criminal procedure law, or a federal law enforcement
officer, as such term is defined in section 2.15 of the criminal
procedure law.