§ 898 — Private sale or disposal of firearms, rifles and shotguns

§ 898. Private sale or disposal of firearms, rifles and shotguns. 1.\nIn addition to any other requirements pursuant to state and federal law,\nall sales, exchanges or disposals of firearms, rifles or shotguns shall\nbe conducted in accordance with this section unless such sale, exchange\nor disposal is conducted by a licensed importer, licensed manufacturer\nor licensed dealer, as those terms are defined in 18 USC § 922, when\nsuch sale, exchange or disposal is conducted pursuant to that person's\nfederal firearms license or such sale, exchange or disposal is between\nmembers of an immediate family. When a sale, exchange or disposal is\nconducted pursuant to a person's federal firearms license, before\ndelivering a firearm, rifle or shotgun to any person, either (a) the\nNational Instant Criminal Background Check System (NICS) or its\nsuccessor has issued a "proceed" response to the federal firearms\nlicensee, or (b) thirty calendar days shall have elapsed since the date\nthe federal firearms licensee contacted NICS to initiate a national\ninstant criminal background check and NICS has not notified the federal\nfirearms licensee that the transfer of the firearm, rifle or shotgun to\nsuch person should be denied. For purposes of this section, "immediate\nfamily" shall mean spouses, domestic partners, children and\nstep-children.\n 2. Before any sale, exchange or disposal pursuant to this article, a\nnational instant criminal background check must be completed by a dealer\nwho shall submit a request to the division of state police pursuant to\nsection two hundred twenty-eight of the executive law to conduct such\ncheck. Before a dealer who has submitted a request to the division of\nstate police to conduct a national instant criminal background check\ndelivers a firearm, rifle or shotgun to any person, either (a) NICS\nshall have issued a "proceed" response, or (b) thirty calendar days\nshall have elapsed since the date the dealer submitted a request to the\ndivision of state police to contact the NICS to initiate a national\ninstant criminal background check and NICS has not notified the division\nof state police that the transfer of the firearm, rifle or shotgun to\nsuch person should be denied.\n 3. All dealers shall maintain a record of such transactions conducted\npursuant to this section and such record shall be maintained on the\npremises mentioned and described in the license and shall be open at all\nreasonable hours for inspection by any peace officer, acting pursuant to\nhis or her special duties, or police officer.\n 4. A dealer may require that any sale or transfer conducted pursuant\nto this section be subject to a fee of not to exceed ten dollars per\ntransaction.\n 5. Any record produced pursuant to this section and any transmission\nthereof to any government agency shall not be considered a public record\nfor purposes of article six of the public officers law.\n 6. Any person who knowingly violates the provisions of this article\nshall be guilty of a class A misdemeanor punishable as provided for in\nthe penal law.\n