Chapter 3 - FIREARMS

Section 10-301

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.