NEW YORK NY Shooters

Document Sample
NEW YORK NY Shooters Powered By Docstoc
					                                                                         NEW YORK
                                                                  N.Y. CONSOLIDATED LAWS

             General Business Law                        include in the container with such pistol or re-            399-r. Sale of paint pellet guns.
                                                         volver a separate sealed container that en-                 (a) No person, firm, or corporation shall sell or
            Article 26. Miscellaneous                    closes:                                                 offer to sell a paint pellet gun to any person
                                                            (a) a shell casing of a bullet or projectile dis-    under sixteen years of age.
    396-ee. Sale of certain weapons; locking             charged from such pistol or revolver; and                   (b) For purposes of this subdivision, the term
devices therefor.                                           (b) any additional information that identifies       "paint pellet gun" means a gun, air gun, pistol,
    (1) No person, firm or corporation engaged in        such pistol or revolver and shell casing as             rifle, or like device in appearance or function,
the retail business of selling rifles, shotguns or       required by such rules and regulations.                 capable of and designed for discharging and
firearms, as such terms are defined in section              (3) A gunsmith or dealer in firearms licensed        propelling through the air to a target a small
265.00 of the penal law, shall sell, deliver or          in this state shall, within ten days of the receipt     quantity of paint enclosed within a pellet or pel-
transfer any such rifle, shotgun or firearm to an-       of any pistol or revolver from a manufacturer that      let-like device or capsule or capsule-like device
other person unless the transferee is provided at        fails to comply with the provisions of this section,    that breaks upon impact with the target, over-
the time of sale, delivery or transfer with a gun        either (a) return such pistol or revolver to such       spreading the target with paint.
locking device and a label containing the quoted         manufacturer, or (b) notify the division of state           (c) Any person, firm, or corporation who vio-
language specified in subdivision two of this sec-       police of such noncompliance and thereafter ob-         lates the provisions of this section shall be sub-
tion is either affixed to such rifle, shotgun or fire-   tain a substitute sealed container through partici-     ject to a civil penalty of not more than five hun-
arm or placed in the container in which such             pation in a program operated by the state police        dred dollars.
rifle, shotgun or firearm is sold, delivered or          as provided in subdivision four of this section.            399-s. Posting of notice when air rifles or
transferred. For the purposes of this section, the          (4) The division of state police shall no later      guns are sold.
term "gun locking device" shall mean an inte-            than October first, two thousand, promulgate                1. In each mercantile establishment in this
grated design feature or an attachable acces-            rules and regulations for the operation of a pro-       state where air rifles or air guns are sold, a no-
sory that is resistant to tampering and is effect-       gram which provides a gunsmith or a dealer in           tice must be posted in a conspicuous place, and
ive in preventing the discharge of such rifle,           firearms licensed in this state with a sealed con-      in close proximity to any air rifle or air gun dis-
shotgun or firearm by a person who does not              tainer enclosing the items specified in subdivis-       played for sale, that in legible format states: "Ex-
have access to the key, combination or other             ion two of this section. The program shall at a         cept under supervision at a shooting range or for
mechanism used to disengage the device. The              minimum:                                                hunting pursuant to license, Section 265.05 of
division of state police shall develop and promul-          (a) be operational by January first, two thou-       the New York State Penal Law makes it unlawful
gate rules and regulations setting forth the spe-        sand one;                                               for any person under the age of sixteen years to
cific devices or the minimum standards and cri-             (b) operate in at least five regional locations      possess an air rifle or air gun."
teria therefor which constitute an effective gun         within the state; and                                       2. Any violation of this section shall be punish-
locking device.                                             (c) specify procedures by which such gun-            able by a civil penalty not to exceed one hun-
    (2) Every person, firm or corporation engaged        smith or dealer is to deliver a pistol or revolver to   dred dollars.
in the retail business of selling rifles, shotguns or    the regional program location closest to his or
firearms, as such terms are defined in section           her place of business for testing and prompt re-                Article 39-B. Imitation Weapons
265.00 of the penal law, shall, in the place             turn of such pistol or revolver.
where such rifles, shotguns or firearms are dis-            (5) On and after March first, two thousand              871. Definitions.
played or transferred to the purchaser, post a           one, a gunsmith or dealer in firearms licensed in          1. "Firearm" as used in this section shall have
notice conspicuously stating in bold print that:         this state shall, within ten days of delivering to      the same meaning as that term is defined by
"The use of a locking device or safety lock is           any person a pistol or revolver received by such        subdivision three of section 265.00 of the penal
only one aspect of responsible firearm storage.          gunsmith or dealer in firearms on or after such         law and shall include machine guns, rifles and
For increased safety firearms should be stored           date, forward to the division of state police,          shotguns as those terms are defined by subdivi-
unloaded and locked in a location that is both           along with the original transaction report re-          sions one, eleven and twelve, respectively, of
separate from their ammunition and inaccessible          quired by subdivision twelve of section 400.00 of       section 265.00 of the penal law.
to children and any other unauthorized person."          the penal law, the sealed container enclosing              2. "Imitation weapon" means any device or
    (3) Any person, firm or corporation who fails        the shell casing from such pistol or revolver           object made of plastic, wood, metal or any other
to comply with the provisions of this section shall      either (a) received from the manufacturer, or (b)       material which substantially duplicates or can
be guilty of a violation punishable as provided in       obtained through participation in the program           reasonably be perceived to be an actual firearm,
the penal law. Any person, firm, or corporation          operated by the division of state police in             air rifle, pellet gun, or "B-B" gun; unless such
who fails to comply with the provisions of this          accordance with subdivision four of this section.       imitation weapon (a) is colored other than black,
section after having been previously convicted of           (6) Upon receipt of the sealed container, the        blue, silver or aluminum, (b) is marked with a
a violation of this section shall be guilty of a         division of state police shall cause to be entered      non-removable orange stripe which is at least
class A misdemeanor, punishable as provided in           in an automated electronic databank pertinent           one inch in width and runs the entire length of
the penal law.                                           data and other ballistic information relevant to        the barrel on each side and the front end of the
    396-ff. Pistol and revolver ballistic identifi-      identification of the shell casing and to the pistol    barrel, and (c) has a barrel at least one inch in
cation databank.                                         or revolver from which it was discharged. The           diameter that is closed for a distance of not less
    (1) For the purposes of this section, the fol-       automated electronic databank will be operated          than one-half inch from the front-end of its barrel
lowing terms shall have the following meanings:          and maintained by the division of state police, in      with the same material of which the imitation
    (a) "Manufacturer" means any person, firm or         accordance with its rules and regulations               weapon is made. "Imitation weapon" does not
corporation possessing a valid federal license           adopted after consultation with the Federal Bur-        include any nonfiring replica of an antique fire-
that permits such person, firm or corporation to         eau of Investigation and the United States De-          arm, the original of which was designed, manu-
engage in the business of manufacturing pistols          partment of Treasury, Bureau of Alcohol, Tobac-         factured and produced prior to eighteen hundred
or revolvers or ammunition therefor for the pur-         co and Firearms to ensure compatibility with            ninety-eight.
pose of sale or distribution.                            national ballistic technology.                             872. Prohibitions. No person, firm, corpora-
    (b) "Shell casing" means that part of ammuni-           (7) Any person, firm or corporation who know-        tion or agent or employee thereof shall import,
tion capable of being used in a pistol or revolver       ingly violates any of the provisions of this section    manufacture, sell, hold for sale or distribute with-
that contains the primer and propellant powder           shall be guilty of a violation, punishable as pro-      in the state any imitation weapon unless such
to discharge the bullet or projectile.                   vided in the penal law. Any person, firm or cor-        device is imported, manufactured, sold, held for
    (2) On and after March first, two thousand           poration who knowingly violates any of the provi-       sale and distributed:
one, any manufacturer that ships, transports or          sions of this section after having been previously         1. solely for subsequent transportation in in-
delivers a pistol or revolver to any person in this      convicted of a violation of this section shall be       terstate commerce; or
state shall, in accordance with rules and regula-        guilty of a class A misdemeanor, punishable as
tions promulgated by the division of state police,       provided in the penal law.
                                                                                                                                                           Page 305
   2. solely for lawful use in a theatrical produc-          (b) notify all firearm exhibitors in writing that a       265.00. Definitions. As used in this article
tion, including a motion picture, television or           national instant criminal background check must          and in article four hundred, the following terms
stage production.                                         be completed prior to all firearm sales or trans-        shall mean and include:
   873. Enforcement. Whenever the attorney                fers, including sales or transfers of rifles or shot-        1. "Machine-gun" means a weapon of any de-
general shall believe from evidence satisfactory          guns; and                                                scription, irrespective of size, by whatever name
to him that any person, firm, corporation or asso-           (c) provide access at the gun show to a fire-         known, loaded or unloaded, from which a num-
ciation or agent or employee thereof has vio-             arm dealer licensed under federal law who is au-         ber of shots or bullets may be rapidly or automa-
lated any provision of this article, he may bring         thorized to perform a national instant criminal          tically discharged from a magazine with one
an action or special proceeding in the supreme            background check where the seller or transferor          continuous pull of the trigger and includes a sub-
court for a judgment enjoining the continuance            of a firearm, rifle or shotgun is not authorized to      machine gun.
of such violation and for a civil penalty of not          conduct such a check by (i) requiring firearm ex-            2. "Firearm silencer" means any instrument,
more than one thousand dollars for each viola-            hibitors who are firearm dealers licensed under          attachment, weapon or appliance for causing the
tion. If it shall appear to the satisfaction of the       federal law and who are authorized to conduct a          firing of any gun, revolver, pistol or other fire-
court or justice that the defendant has violated          national instant criminal background check to            arms to be silent, or intended to lessen or muffle
any provision of this article, no proof shall be re-      provide such a check at cost or (ii) designating a       the noise of the firing of any gun, revolver, pistol
quired that any person has been injured thereby           specific location at the gun show where a fire-          or other firearms.
nor that the defendant knowingly or intentionally         arm dealer licensed under federal law who is au-             3. "Firearm" means (a) any pistol or revolver;
violated such provision. In such action prelimin-         thorized to conduct a national instant criminal          or (b) a shotgun having one or more barrels less
ary relief may be granted under article sixty-            background check will be present to perform              than eighteen inches in length; or (c) a rifle hav-
three of the civil practice law and rules. In con-        such a check at cost. Any firearm dealer li-             ing one or more barrels less than sixteen inches
nection with any such proposed application, the           censed under federal law who performs a na-              in length; or (d) any weapon made from a shot-
attorney general is authorized to take proof, is-         tional instant criminal background check pursu-          gun or rifle whether by alteration, modification,
sue subpoenas and administer oaths in the                 ant to this paragraph shall provide the seller or        or otherwise if such weapon as altered, modi-
manner provided in the civil practice law and             transferor of the firearm, rifle or shotgun with a       fied, or otherwise has an overall length of less
rules.                                                    copy of the United States Department of Treas-           than twenty-six inches; or (e) an assault wea-
                                                          ury, Bureau of Alcohol, Tobacco and Firearms             pon. For the purpose of this subdivision the
   Article 39-DD. Sale of Firearms, Rifles or             Form ATF F 4473 and such dealer shall main-              length of the barrel on a shotgun or rifle shall be
            Shotguns at Gun Shows                         tain such form and make such form available for          determined by measuring the distance between
                                                          inspection by law enforcement agencies for a             the muzzle and the face of the bolt, breech, or
    895. Definitions. For the purposes of this art-       period of ten years thereafter.                          breechlock when closed and when the shotgun
icle:                                                        2. Whenever the attorney general shall be-            or rifle is cocked; the overall length of a weapon
    1. "Gun show" means an event sponsored,               lieve from evidence satisfactory to him or her           made from a shotgun or rifle is the distance be-
whether for profit or not, by an individual, nation-      that a gun show operator has violated any of the         tween the extreme ends of the weapon meas-
al, state or local organization, association or           provisions of this section, the attorney general         ured along a line parallel to the center line of the
other entity devoted to the collection, compet-           may bring an action or special proceeding in the         bore. Firearm does not include an antique fire-
itive use, sporting use, or any other legal use of        supreme court for a judgment enjoining the con-          arm. …
firearms, rifles or shotguns, or an event at which        tinuance of such violation and for a civil penalty           6. "Dispose of" means to dispose of, give,
(a) twenty percent or more of the total number of         in an amount not to exceed ten thousand dol-             give away, lease-loan, keep for sale, offer, offer
exhibitors are firearm exhibitors or (b) ten or           lars. If it shall appear to the satisfaction of the      for sale, sell, transfer and otherwise dispose of.
more firearm exhibitors are participating or (c) a        court or justice that the defendant has violated             7. "Deface" means to remove, deface, cover,
total of twenty-five or more pistols or revolvers         any provisions of this section, no proof shall be        alter or destroy the manufacturer's serial number
are offered for sale or transfer or (d) a total of fif-   required that any person has been injured there-         or any other distinguishing number or identifica-
ty or more firearms, rifles or shotguns are of-           by nor that the defendant intentionally violated         tion mark.
fered for sale or transfer. The term gun show             such provision. In such action preliminary relief            8. "Gunsmith" means any person, firm, part-
shall include any building, structure or facility         may be granted under article sixty-three of the          nership, corporation or company who engages
where firearms, rifles or shotguns are offered for        civil practice law and rules. In connection with         in the business of repairing, altering, assembl-
sale or transfer and any grounds used in con-             any such proposed application, the attorney              ing, manufacturing, cleaning, polishing, engrav-
nection with the event.                                   general is authorized to take proof, issue sub-          ing or trueing, or who performs any mechanical
    2. "Firearm exhibitor" means any person, firm,        poenas and administer oaths in the manner                operation on, any firearm, large capacity ammu-
partnership, corporation or company that exhib-           provided in the civil practice law and rules.            nition feeding device or machine-gun.
its, sells, offers for sale, transfers, or ex-changes        897. Sale of a firearm, rifle or shotgun at a             9. "Dealer in firearms" means any person,
firearms, rifles or shotguns at a gun show.               gun show.                                                firm, partnership, corporation or company who
    3. "Gun show operator" means any person,                 1. A national instant criminal background             engages in the business of purchasing, selling,
firm, partnership, corporation or company that            check shall be conducted and no person shall             keeping for sale, loaning, leasing, or in any man-
organizes, produces, sponsors or operates a               sell or transfer a firearm, rifle or shotgun at a        ner disposing of, any assault weapon, large ca-
gun show.                                                 gun show, except in accordance with the provi-           pacity ammunition feeding device, pistol or
    4. "Firearm" has the same meaning as that             sions of 18 U.S.C. 922(t).                               revolver.
term is defined in 18 U.S.C. 921(a)(3), but shall            2. No person shall offer or agree to sell or              10. "Licensing officer" means in the city of
not include an "antique firearm" as that term is          transfer a firearm, rifle or shotgun to another          New York the police commissioner of that city; in
defined in 18 U.S.C. 921(a)(16).                          person at a gun show and transfer or deliver             the county of Nassau the commissioner of police
    5. "Rifle" has the same meaning as that term          such firearm, rifle or shotgun to such person or         of that county; in the county of Suffolk the sheriff
is defined in 18 U.S.C. 921(a)(7).                        person acting on his or her behalf thereafter at a       of that county except in the towns of Babylon,
    6. "Shotgun" has the same meaning as that             location other than the gun show for the purpose         Brookhaven, Huntington, Islip and Smithtown,
term is defined in 18 U.S.C. 921(a)(5).                   of evading or avoiding compliance with 18                the commissioner of police of that county; for the
    896. Operation of a gun show.                         U.S.C. 922(t).                                           purposes of section 400.01 of this chapter the
    1. A gun show operator shall:                            3. Any person who knowingly violates any of           superintendent of state police; and elsewhere in
    (a) at all times during such show conspicu-           the provisions of this section shall be guilty of a      the state a judge or justice of a court of record
ously post and maintain signs stating "A National         class A misdemeanor punishable as provided for           having his office in the county of issuance.
Instant Criminal Background Check must be                 in the penal law.                                            11. "Rifle" means a weapon designed or re-
completed prior to all firearm sales or transfers,                                                                 designed, made or remade, and intended to be
including sales or transfers of rifles or shotguns".                          Penal Law                            fired from the shoulder and designed or rede-
Signs must be posted at all entrances to the gun                                                                   signed and made or remade to use the energy
show, at all places where admission tickets to             Article 265. Firearms and Other Dangerous               of the explosive in a fixed metallic cartridge to
the gun show are sold and not less than four ad-                             Weapons                               fire only a single projectile through a rifled bore
ditional locations within the grounds of the gun                                                                   for each single pull of the trigger.
show;                                                                                                                  12. "Shotgun" means a weapon designed or
                                                                                                                   redesigned, made or remade, and intended to
                                                                                                                                                            Page 306
be fired from the shoulder and designed or rede-        tution; promoting prostitution in the third degree;         (iii) a fixed magazine capacity in excess of
signed and made or remade to use the energy             stalking in the fourth degree; stalking in the third    five rounds;
of the explosive in a fixed shotgun shell to fire       degree; the offenses defined in article one hun-            (iv) an ability to accept a detachable maga-
through a smooth bore either a number of ball           dred thirty; the offenses defined in article two        zine; or
shot or a single projectile for each single pull of     hundred twenty.                                             (c) a semiautomatic pistol that has an ability
the trigger. …                                              (b) [See also par. (b) above.] any of the fol-      to accept a detachable magazine and has at
   14. "Antique firearm" means: Any unloaded            lowing offenses defined in the penal law: illegally     least two of the following characteristics:
muzzle loading pistol or revolver with a match-         using, carrying or possessing a pistol or other             (i) an ammunition magazine that attaches to
lock, flintlock, percussion cap, or similar type of     dangerous weapon; possession of burglar's               the pistol outside of the pistol grip;
ignition system, or a pistol or revolver which          tools; criminal possession of stolen property in            (ii) a threaded barrel capable of accepting a
uses fixed cartridges which are no longer avail-        the third degree; escape in the third degree; jost-     barrel extender, flash suppressor, forward hand-
able in the ordinary channels of commercial             ling; fraudulent accosting; that kind of loitering      grip, or silencer;
trade. …                                                defined in subdivision three of section 240.35;             (iii) a shroud that is attached to, or partially or
   15. "Loaded firearm" means any firearm               endangering the welfare of a child; the offenses        completely encircles, the barrel and that permits
loaded with ammunition or any firearm which is          defined in article two hundred thirty-five; issuing     the shooter to hold the firearm with the nontrig-
possessed by one who, at the same time, pos-            abortional articles; permitting prostitution; pro-      ger hand without being burned;
sesses a quantity of ammunition which may be            moting prostitution in the third degree; stalking in        (iv) a manufactured weight of fifty ounces or
used to discharge such firearm.                         the third degree; stalking in the fourth degree;        more when the pistol is unloaded;
   15-a. "Electronic dart gun" means any device         the offenses defined in article one hundred                 (v) a semiautomatic version of an automatic
designed primarily as a weapon, the purpose of          thirty; the offenses defined in article two hundred     rifle, shotgun or firearm; or
which is to momentarily stun, knock out or para-        twenty.                                                     (d) any of the weapons, or functioning frames
lyze a person by passing an electrical shock to             18. "Armor piercing ammunition" means any           or receivers of such weapons, or copies or dupli-
such person by means of a dart or projectile. …         ammunition capable of being used in pistols or          cates of such weapons, in any caliber, known
   16. "Certified not suitable to possess a self-       revolvers containing a projectile or projectile         as:
defense spray device, a rifle or shotgun" means         core, or a projectile or projectile core for use in         (i) Norinco, Mitchell, and Poly Technologies
that the director or physician in charge of any         such ammunition, that is constructed entirely           Avtomat Kalashnikovs (all models);
hospital or institution for mental illness, public or   (excluding the presence of traces of other sub-             (ii) Action Arms Israeli Military Industries UZI
private, has certified to the superintendent of         stances) from one or a combination of any of the        and Galil;
state police or to any organized police depart-         following: tungsten alloys, steel, iron, brass,             (iii) Beretta Ar70 (SC-70);
ment of a county, city, town or village of this         bronze, beryllium copper, or uranium.                       (iv) Colt AR-15;
state, that a person who has been judicially ad-            19. "Duly authorized instructor" means (a) a            (v) Fabrique National FN/FAL, FN/LAR, and
judicated incompetent, or who has been con-             duly commissioned officer of the United States          FNC;
fined to such institution for mental illness pursu-     army, navy, marine corps or coast guard, or of              (vi) SWD M-10, M-11, M-11/9, and M-12;
ant to judicial authority, is not suitable to pos-      the national guard of the state of New York; or             (vii) Steyr AUG;
sess a self-defense spray device, as defined in         (b) a duly qualified adult citizen of the United            (viii) INTRATEC TEC-9, TEC-DC9 and TEC-
section 265.20 of this article, or a rifle or shot-     States who has been granted a certificate as an         22; and
gun.                                                    instructor in small arms practice issued by the             (ix) revolving cylinder shotguns, such as (or
   17. "Serious offense" means                          United States army, navy or marine corps, or by         similar to) the Street Sweeper and Striker 12;
   (a) any of the following offenses defined in the     the adjutant general of this state, or by the na-           (e) provided, however, that such term does
former penal law as in force and effect immedi-         tional rifle association of America, a not-for-profit   not include:
ately prior to September first, nineteen hundred        corporation duly organized under the laws of this           (i) any rifle, shotgun or pistol that (A) is manu-
sixty-seven: illegally using, carrying or possess-      state; or (c) by a person duly qualified and des-       ally operated by bolt, pump, lever or slide action;
ing a pistol or other dangerous weapon; making          ignated by the department of environmental con-         (B) has been rendered permanently inoperable;
or possessing burglar's instruments; buying or          servation under paragraph d of subdivision six of       or (C) is an antique firearm as defined in 18
receiving stolen property; unlawful entry of a          section 11-0713 of the environmental conserva-          U.S.C. 921(a)(16);
building; aiding escape from prison; that kind of       tion law as its agent in the giving of instruction          (ii) a semiautomatic rifle that cannot accept a
disorderly conduct defined in subdivisions six          and the making of certifications of qualification in    detachable magazine that holds more than five
and eight of section seven hundred twenty-two           responsible hunting practices.                          rounds of ammunition;
of such former penal law; violations of sections            20. "Disguised gun" means any weapon or                 (iii) a semiautomatic shotgun that cannot hold
four hundred eighty-three, four hundred eighty-         device capable of being concealed on the per-           more than five rounds of ammunition in a fixed
three-b, four hundred eighty-four-h and article         son from which a shot can be discharged                 or detachable magazine;
one hundred six of such former penal law; that          through the energy of an explosive and is de-               (iv) a rifle, shotgun or pistol, or a replica or a
kind of criminal sexual act or rape which was           signed and intended to appear to be something           duplicate thereof, specified in Appendix A to
designated as a misdemeanor; violation of sec-          other than a gun.                                       section 922 of 18 U.S.C. as such weapon was
tion seventeen hundred forty-seven-d and sev-               21. "Semiautomatic" means any repeating             manufactured on October first, nineteen hundred
enteen hundred forty-seven-e of such former             rifle, shotgun or pistol, regardless of barrel or       ninety-three. The mere fact that a weapon is not
penal law; any violation of any provision of art-       overall length, which utilizes a portion of the         listed in Appendix A shall not be construed to
icle thirty-three of the public health law relating     energy of a firing cartridge or shell to extract the    mean that such weapon is an assault weapon;
to narcotic drugs which was defined as a misde-         fired cartridge case or spent shell and chamber         or
meanor by section seventeen hundred fifty-one-          the next round, and which requires a separate               (v) a semiautomatic rifle, a semiautomatic
a of such former penal law, and any violation of        pull of the trigger to fire each cartridge or shell.    shotgun or a semiautomatic pistol or any of the
any provision of article thirty-three-A of the pub-         22. "Assault weapon" means                          weapons defined in paragraph (d) of this subdi-
lic health law relating to depressant and stimu-            (a) a semiautomatic rifle that has an ability to    vision lawfully possessed prior to September
lant drugs which was defined as a misdemeanor           accept a detachable magazine and has at least           fourteenth, nineteen hundred ninety-four.
by section seventeen hundred forty-seven-b of           two of the following characteristics:                       23. "Large capacity ammunition feeding de-
such former penal law.                                      (i) a folding or telescoping stock;                 vice" means a magazine, belt, drum, feed strip,
   (b) [See also par. (b) below.] any of the fol-           (ii) a pistol grip that protrudes conspicuously     or similar device, manufactured after September
lowing offenses defined in the penal law: illegally     beneath the action of the weapon;                       thirteenth, nineteen hundred ninety-four, that
using, carrying or possessing a pistol or other             (iii) a bayonet mount;                              has a capacity of, or that can be readily restored
dangerous weapon; possession of burglar's                   (iv) a flash suppressor or threaded barrel de-      or converted to accept, more than ten rounds of
tools; criminal possession of stolen property in        signed to accommodate a flash suppressor;               ammunition; provided, however, that such term
the third degree; escape in the third degree;               (v) a grenade launcher; or                          does not include an attached tubular device de-
jostling; fraudulent accosting; that kind of loiter-        (b) a semiautomatic shotgun that has at least       signed to accept, and capable of operating only
ing defined in subdivision three of section             two of the following characteristics:                   with, .22 caliber rimfire ammunition.
240.35; endangering the welfare of a child; the             (i) a folding or telescoping stock;                     265.01. Criminal possession of a weapon
offenses defined in article two hundred thirty-             (ii) a pistol grip that protrudes conspicuously     in the fourth degree. A person is guilty of crimi-
five; issuing abortional articles; permitting prosti-   beneath the action of the weapon;
                                                                                                                                                            Page 307
nal possession of a weapon in the fourth degree          violation of this section if such possession takes        (1) possesses a deadly weapon, if the wea-
when:                                                    place in such person's home or place of busi-         pon is a loaded weapon from which a shot, read-
   (1) He possesses any firearm, electronic dart         ness; or                                              ily capable of producing death or other serious
gun, electronic stun gun, gravity knife, switch-             (5)(i) Such person possesses three or more        injury may be discharged; or
blade knife, pilum ballistic knife, metal knuckle        firearms; or (ii) such person possesses a firearm         (2) displays what appears to be a pistol, re-
knife, cane sword, billy, blackjack, bludgeon,           and has been previously convicted of a felony or      volver, rifle, shotgun, machine gun or other fire-
metal knuckles, chuka stick, sand bag, sand-             a class A misdemeanor defined in this chapter         arm.
club, wrist-brace type slingshot or slungshot,           within the five years immediately preceding the           Criminal use of a firearm in the second de-
shirken or "Kung Fu star"; or                            commission of the offense and such possession         gree is a class C felony.
   (2) He possesses any dagger, dangerous                did not take place in the person's home or place          265.09. Criminal use of a firearm in the first
knife, dirk, razor, stiletto, imitation pistol, or any   of business; or                                       degree.
other dangerous or deadly instrument or weapon               (6) Such person knowingly possesses any               (1) A person is guilty of criminal use of a fire-
with intent to use the same unlawfully against           disguised gun; or                                     arm in the first degree when he commits any
another; or                                                  (7) Such person possesses an assault wea-         class B violent felony offense as defined in para-
   (3) He knowingly has in his possession a rifle,       pon; or                                               graph (a) of subdivision one of section 70.02
shotgun or firearm in or upon a building or                  (8) Such person possesses a large capacity        and he either:
grounds, used for educational purposes, of any           ammunition feeding device.                                (a) possesses a deadly weapon, if the wea-
school, college or university, except the forestry           Criminal possession of a weapon in the third      pon is a loaded weapon from which a shot, read-
lands, wherever located, owned and maintained            degree is a class D felony.                           ily capable of producing death or other serious
by the State University of New York college of               265.03. Criminal possession of a weapon           injury may be discharged; or
environmental science and forestry, without the          in the second degree. A person is guilty of               (b) displays what appears to be a pistol, re-
written authorization of such educational institu-       criminal possession of a weapon in the second         volver, rifle, shotgun, machine gun or other fire-
tion; or                                                 degree when:                                          arm.
   (4) He possesses a rifle or shotgun and has               (1) with intent to use the same unlawfully            Criminal use of a firearm in the first degree is
been convicted of a felony or serious offense; or        against another, such person:                         a class B felony.
   (5) He possesses any dangerous or deadly                  (a) possesses a machine-gun; or                       (2) Sentencing. Notwithstanding any other
weapon and is not a citizen of the United States;            (b) possesses a loaded firearm; or                provision of law to the contrary, when a person
or                                                           (c) possesses a disguised gun; or                 is convicted of criminal use of a firearm in the
   (6) He is a person who has been certified not             (2) such person possesses five or more            first degree as defined in subdivision one of this
suitable to possess a rifle or shotgun, as defined       firearms.                                             section, the court shall impose an additional
in subdivision sixteen of section 265.00, and re-            Criminal possession of a weapon in the sec-       consecutive sentence of five years to the mini-
fuses to yield possession of such rifle or shotgun       ond degree is a class C felony.                       mum term of an indeterminate sentence im-
upon the demand of a police officer. Whenever a              265.04. Criminal possession of a weapon           posed on the underlying class B violent felony
person is certified not suitable to possess a rifle      in the first degree. A person is guilty of criminal   offense where the person convicted of such
or shotgun, a member of the police department            possession of a weapon in the first degree when       crime displays a loaded weapon from which a
to which such certification is made, or of the           such person:                                          shot, readily capable of producing death or other
state police, shall forthwith seize any rifle or             (1) possesses any explosive substance with        serious injury may be discharged, in furtherance
shotgun possessed by such person. A rifle or             intent to use the same unlawfully against the         of the commission of such crime, provided, how-
shotgun seized as herein provided shall not be           person or property of another; or                     ever, that such additional sentence shall not be
destroyed, but shall be delivered to the head-               (2) possesses ten or more firearms.               imposed if the court, having regard to the nature
quarters of such police department, or state po-             Criminal possession of a weapon in the first      and circumstances of the crime and to the his-
lice, and there retained until the aforesaid certifi-    degree is a class B felony.                           tory and character of the defendant, finds on the
cate has been rescinded by the director or phy-              265.05. Unlawful possession of weapons            record that such additional consecutive sen-
sician in charge, or other disposition of such rifle     by persons under sixteen. It shall be unlawful        tence would be unduly harsh and that not impos-
or shotgun has been ordered or authorized by a           for any person under the age of sixteen to pos-       ing such sentence would be consistent with the
court of competent jurisdiction.                         sess any air-gun, spring-gun or other instrument      public safety and would not deprecate the seri-
   (7) He knowingly possesses a bullet contain-          or weapon in which the propelling force is a          ousness of the crime. Notwithstanding any other
ing an explosive substance designed to deto-             spring or air, or any gun or any instrument or        provision of law to the contrary, the aggregate of
nate upon impact.                                        weapon in or upon which any loaded or blank           the five year consecutive term imposed pursuant
   (8) He possesses any armor piercing ammu-             cartridges may be used, or any loaded or blank        to this subdivision and the minimum term of the
nition with intent to use the same unlawfully            cartridges or ammunition therefor, or any dan-        indeterminate sentence imposed on the underly-
against another.                                         gerous knife; provided that the possession of         ing class B violent felony shall constitute the
   Criminal possession of a weapon in the fourth         rifle or shotgun or ammunition therefor by the        new aggregate minimum term of imprisonment,
degree is a class A misdemeanor.                         holder of a hunting license or permit issued pur-     and a person subject to such term shall be re-
   265.02. Criminal possession of a weapon               suant to article eleven of the environmental con-     quired to serve the entire aggregate minimum
in the third degree. A person is guilty of crimi-        servation law and used in accordance with said        term and shall not be eligible for release on pa-
nal possession of a weapon in the third degree           law shall not be governed by this section.            role or conditional release during such term.
when:                                                        A person who violates the provisions of this      This subdivision shall not apply where the defen-
   (1) Such person commits the crime of criminal         section shall be adjudged a juvenile delinquent.      dant's criminal liability for displaying a loaded
possession of a weapon in the fourth degree as               265.06. Unlawful possession of a weapon           weapon from which a shot, readily capable of
defined in subdivision one, two, three or five of        upon school grounds. It shall be unlawful for         producing death or other serious injury may be
section 265.01, and has been previously                  any person age sixteen or older to knowingly          discharged, in furtherance of the commission of
convicted of any crime; or                               possess any air-gun, spring-gun or other instru-      crime is based on the conduct of another pursu-
   (2) Such person possesses any explosive or            ment or weapon in which the propelling force is       ant to section 20.00 of the penal law.
incendiary bomb, bombshell, firearm silencer,            a spring, air, piston or CO2 cartridge in or upon         265.10. Manufacture, transport, disposition
machine-gun or any other firearm or weapon               a building or grounds, used for educational pur-      and defacement of weapons and dangerous
simulating a machine-gun and which is                    poses, of any school, college or university, with-    instruments and appliances.
adaptable for such use; or                               out the written authorization of such educational         1. Any person who manufactures or causes to
   (3) Such person knowingly possesses a ma-             institution. Unlawful possession of a weapon up-      be manufactured any machine-gun, assault
chine-gun, firearm, rifle or shotgun which has           on school grounds is a violation.                     weapon, large capacity ammunition feeding de-
been defaced for the purpose of concealment or               265.08. Criminal use of a firearm in the          vice or disguised gun is guilty of a class D fel-
prevention of the detection of a crime or misrep-        second degree. A person is guilty of criminal         ony. Any person who manufactures or causes to
resenting the identity of such machine-gun, fire-        use of a firearm in the second degree when he         be manufactured any switchblade knife, gravity
arm, rifle or shotgun; or                                commits any class C violent felony offense as         knife, pilum ballistic knife, metal knuckle knife,
   (4) Such person possesses any loaded fire-            defined in paragraph (b) of subdivision one of        billy, blackjack, bludgeon, metal knuckles, Kung
arm. Such possession shall not, except as pro-           section 70.02 and he either:                          Fu star, chuka stick, sandbag, sandclub or
vided in subdivision one or seven, constitute a                                                                slungshot is guilty of a class A misdemeanor.
                                                                                                                                                         Page 308
    2. Any person who transports or ships any                (1) unlawfully sells, exchanges, gives or          sumptive evidence that such person defaced the
machine-gun, firearm silencer, assault weapon            disposes of to another ten or more firearms; or        same.
or large capacity ammunition feeding device or               (2) unlawfully sells, exchanges, gives or              6. The possession of five or more firearms by
disguised gun, or who transports or ships as             disposes of to another person or persons a total       any person is presumptive evidence that such
merchandise five or more firearms, is guilty of a        of ten or more firearms in a period of not more        person possessed the firearms with the intent to
class D felony. Any person who transports or             than one year.                                         sell same.
ships as merchandise any firearm, other than an             Criminal sale of a firearm in the first degree is      265.16. Criminal sale of a firearm to a min-
assault weapon, switchblade knife, gravity knife,        a class B felony.                                      or. A person is guilty of criminal sale of a firearm
pilum ballistic knife, billy, blackjack, bludgeon,          265.14. Criminal sale of a firearm with the         to a minor when he is not authorized pursuant to
metal knuckles, Kung Fu star, chuka stick, sand-         aid of a minor. A person over the age of eigh-         law to possess a firearm and he unlawfully sells,
bag or slungshot is guilty of a class A misde-           teen years of age is guilty of criminal sale of a      exchanges, gives or disposes of a firearm to an-
meanor.                                                  weapon with the aid of a minor when a person           other person who is or reasonably appears to be
    3. Any person who disposes of any machine-           under sixteen years of age knowingly and un-           less than nineteen years of age who is not li-
gun, assault weapon, large capacity ammuni-              lawfully sells, exchanges, gives or disposes of a      censed pursuant to law to possess a firearm.
tion feeding device or firearm silencer is guilty of     firearm in violation of this article, and such per-        Criminal sale of a firearm to a minor is a class
a class D felony. Any person who knowingly               son over the age of eighteen years of age, act-        C felony.
buys, receives, disposes of, or conceals a ma-           ing with the mental culpability required for the           265.17. Criminal purchase of a weapon. A
chine-gun, firearm, large capacity ammunition            commission thereof, solicits, requests, com-           person is guilty of criminal purchase of a wea-
feeding device, rifle or shotgun which has been          mands, importunes or intentionally aids such           pon when:
defaced for the purpose of concealment or pre-           person under sixteen years of age to engage in             1. Knowing that he or she is prohibited by law
vention of the detection of a crime or misrepre-         such conduct.                                          from possessing a firearm, rifle or shotgun be-
senting the identity of such machine-gun, fire-             Criminal sale of a firearm with the aid of a        cause of a prior conviction or because of some
arm, large capacity ammunition feeding device,           minor is a class C felony.                             other disability which would render him or her in-
rifle or shotgun is guilty of a class D felony.             265.15. Presumptions of possession, un-             eligible to lawfully possess a firearm, rifle or
    4. Any person who disposes of any of the             lawful intent and defacement.                          shotgun in this state, such person attempts to
weapons, instruments or appliances specified in             1. The presence in any room, dwelling, struc-       purchase a firearm, rifle or shotgun from another
subdivision one of section 265.01, except a fire-        ture or vehicle of any machine-gun is presump-         person; or
arm, is guilty of a class A misdemeanor, and he          tive evidence of its unlawful possession by all            2. Knowing that it would be unlawful for an-
is guilty of a class D felony if he has previously       persons occupying the place where such ma-             other person to possess a firearm, rifle or shot-
been convicted of any crime.                             chine-gun is found.                                    gun, he or she purchases a firearm, rifle or shot-
    5. Any person who disposes of any of the                2. The presence in any stolen vehicle of any        gun for, on behalf of, or for the use of such other
weapons, instruments, appliances or substances           weapon, instrument, appliance or substance             person.
specified in section 265.05 to any other person          specified in sections 265.01, 265.02, 265.03,              Criminal purchase of a weapon is a class A
under the age of sixteen years is guilty of a class      265.04 and 265.05 is presumptive evidence of           misdemeanor.
A misdemeanor.                                           its possession by all persons occupying such               265.20. Exemptions.
    6. Any person who willfully defaces any ma-          vehicle at the time such weapon, instrument,               a. Sections 265.01, 265.02, 265.03, 265.04,
chine-gun, large capacity ammunition feeding             appliance or substance is found.                       265.05, 265.10, 265.11, 265.12, 265.13, 265.15
device or firearm is guilty of a class D felony.            3. The presence in an automobile, other than        and 270.05 shall not apply to:
    7. Any person, other than a wholesale dealer,        a stolen one or a public omnibus, of any firearm,          1. Possession of any of the weapons, instru-
or gunsmith or dealer in firearms duly licensed          large capacity ammunition feeding device, de-          ments, appliances or substances specified in
pursuant to section 400.00, lawfully in posses-          faced firearm, defaced rifle or shotgun, defaced       sections 265.01, 265.02, 265.03, 265.04, 265.05
sion of a firearm, who disposes of the same              large capacity ammunition feeding device, fire-        and 270.05 by the following:
without first notifying in writing the licensing offi-   arm silencer, explosive or incendiary bomb,                (a) Persons in the military service of the state
cer in the city of New York and counties of Nas-         bombshell, gravity knife, switchblade knife, pilum     of New York when duly authorized by regula-
sau and Suffolk and elsewhere in the state the           ballistic knife, metal knuckle knife, dagger, dirk,    tions issued by the adjutant general to possess
executive department, division of state police,          stiletto, billy, blackjack, metal knuckles, chuka      the same.
Albany, is guilty of a class A misdemeanor.              stick, sandbag, sandclub or slungshot is pre-              (b) Police officers as defined in subdivision
    265.11. Criminal sale of a firearm in the            sumptive evidence of its possession by all per-        thirty-four of section 1.20 of the criminal proced-
third degree. A person is guilty of criminal sale        sons occupying such automobile at the time             ure law.
of a firearm in the third degree when such               such weapon, instrument or appliance is found,            (c) Peace officers as defined by section 2.10
person is not authorized pursuant to law to              except under the following circumstances: (a) if       of the criminal procedure law.
possess a firearm and such person unlawfully             such weapon, instrument or appliance is found             (d) Persons in the military or other service of
either:                                                  upon the person of one of the occupants therein;       the United States, in pursuit of official duty or
    (1) sells, exchanges, gives or disposes of a         (b) if such weapon, instrument or appliance is         when duly authorized by federal law, regulation
firearm or large capacity ammunition feeding de-         found in an automobile which is being operated         or order to possess the same.
vice to another person; or                               for hire by a duly licensed driver in the due, law-        (e) Persons employed in fulfilling defense
    (2) possesses a firearm with the intent to sell      ful and proper pursuit of his or her trade, then       contracts with the government of the United
it.                                                      such presumption shall not apply to the driver; or     States or agencies thereof when possession of
    Criminal sale of a firearm in the third degree is    (c) if the weapon so found is a pistol or revolver     the same is necessary for manufacture, trans-
a class D felony.                                        and one of the occupants, not present under            port, installation and testing under the require-
    265.12. Criminal sale of a firearm in the            duress, has in his possession a valid license to       ments of such contract.
second degree. A person is guilty of criminal            have and carry concealed the same.                         (f) A person voluntarily surrendering such
sale of a firearm in the second degree when                 4. The possession by any person of the sub-         weapon, instrument, appliance or substance,
such person:                                             stance as specified in section 265.04 is pre-          provided that such surrender shall be made to
    (1) unlawfully sells, exchanges, gives or            sumptive evidence of possessing such sub-              the superintendent of the division of state police
disposes of to another five or more firearms; or         stance with intent to use the same unlawfully          or a member thereof designated by such super-
    (2) unlawfully sells, exchanges, gives or            against the person or property of another if such      intendent, or to the sheriff of the county in which
disposes of to another person or persons a total         person is not licensed or otherwise authorized to      such person resides, or in the county of Nassau
of five or more firearms in a period of not more         possess such substance. The possession by              or in the towns of Babylon, Brookhaven, Hunt-
than one year.                                           any person of any dagger, dirk, stiletto, danger-      ington, Islip and Smithtown in the county of Suf-
    Criminal sale of a firearm in the second de-         ous knife or any other weapon, instrument, ap-         folk to the commissioner of police or a member
gree is a class C felony.                                pliance or substance designed, made or                 of the police department thereof designated by
    265.13. Criminal sale of a firearm in the            adapted for use primarily as a weapon, is pre-         such commissioner, or if such person resides in
first degree. A person is guilty of a criminal sale      sumptive evidence of intent to use the same un-        a city, town other than one named in this sub-
of a firearm in the first degree when such               lawfully against another.                              paragraph, or village to the police commissioner
person:                                                     5. The possession by any person of a defaced        or head of the police force or department thereof
                                                         machine-gun, firearm, rifle or shotgun is pre-         or to a member of the force or department desig-
                                                                                                                                                         Page 309
nated by such commissioner or head; and pro-           New York; or (b) a duly qualified adult citizen of       state, or by the national rifle association of
vided, further, that the same shall be surren-         the United States who has been granted a certif-         America, a not-for-profit corporation duly organ-
dered by such person in accordance with such           icate as an instructor in small arms practice is-        ized under the laws of this state; or (c) a parent,
terms and conditions as may be established by          sued by the United States army, navy, air force          guardian, or a person over the age of eighteen
such superintendent, sheriff, police force or de-      or marine corps, or by the adjutant general of           designated in writing by such parent or guardian
partment. Nothing in this paragraph shall be           this state, or by the national rifle association of      who shall have a certificate of qualification in re-
construed as granting immunity from prosecu-           America, a not-for-profit corporation duly organ-        sponsible hunting, including safety, ethics, and
tion for any crime or offense except that of un-       ized under the laws of this state; or (c) a parent,      landowner relations-hunter relations, issued or
lawful possession of such weapons, instru-             guardian, or a person over the age of eighteen           honored by the department of environmental
ments, appliances or substances surrendered as         designated in writing by such parent or guardian         conservation.
herein provided. A person who possesses any            who shall have a certificate of qualification in re-         7-d. Possession, at an indoor or outdoor
such weapon, instrument, appliance or sub-             sponsible hunting, including safety, ethics, and         shooting range for the purpose of loading and
stance as an executor or administrator or any          landowner relations-hunter relations, issued or          firing, of a rifle, pistol or shotgun, the propelling
other lawful possessor of such property of a de-       honored by the department of environmental               force of which may be either air, compressed
cedent may continue to possess such property           conservation; or (d) an agent of the department          gas or springs, by a person under twelve years
for a period not over fifteen days. If such prop-      of environmental conservation appointed to con-          of age, under the immediate supervision, guid-
erty is not lawfully disposed of within such period    duct courses in responsible hunting practices            ance and instruction of (a) a duly commissioned
the possessor shall deliver it to an appropriate       pursuant to article eleven of the environmental          officer of the United States army, navy, marine
official described in this paragraph or such prop-     conservation law.                                        corps or coast guard, or of the national guard of
erty may be delivered to the superintendent of            7-a. Possession and use, at an indoor or out-         the state of New York; or (b) a duly qualified
state police. Such officer shall hold it and shall     door pistol range located in or on premises              adult citizen of the United States who has been
thereafter deliver it on the written request of        owned or occupied by a duly incorporated or-             granted a certificate as an instructor in small
such executor, administrator or other lawful pos-      ganization organized for conservation purposes           arms practice issued by the United States army,
sessor of such property to a named person, pro-        or to foster proficiency in small arms or at a tar-      navy or marine corps, or by the adjutant general
vided such named person is licensed to or is           get pistol shooting competition under the aus-           of this state, or by the national rifle association
otherwise lawfully permitted to possess the            pices of or approved by the national rifle associ-       of America, a not-for-profit corporation duly or-
same. If no request to deliver the property is re-     ation for the purpose of loading and firing the          ganized under the laws of this state; or (c) a par-
ceived by such official within two years of the        same, by a person duly licensed to possess a             ent, guardian, or a person over the age of eigh-
delivery of such property, such official shall dis-    pistol or revolver pursuant to section 400.00 or         teen designated in writing by such parent or
pose of it in accordance with the provisions of        400.01 of this chapter of a pistol or revolver duly      guardian who shall have a certificate of qualifi-
section 400.05 of this chapter.                        so licensed to another person who is present at          cation in responsible hunting, including safety,
   2. Possession of a machine-gun, firearm,            the time.                                                ethics, and landowner relations-hunter relations,
large capacity ammunition feeding device,                 7-b. Possession and use, at an indoor or out-         issued or honored by the department of environ-
switchblade knife, gravity knife, pilum ballistic      door pistol range located in or on premises              mental conservation.
knife, billy or blackjack by a warden, superinten-     owned or occupied by a duly incorporated or-                 7-e. Possession and use of a pistol or revolv-
dent, headkeeper or deputy of a state prison,          ganization organized for conservation purposes           er, at an indoor or outdoor pistol range located in
penitentiary, workhouse, county jail or other in-      or to foster proficiency in small arms or at a tar-      or on premises owned or occupied by a duly in-
stitution for the detention of persons convicted or    get pistol shooting competition under the aus-           corporated organization organized for conserva-
accused of crime or detained as witnesses in           pices of or approved by the national rifle associ-       tion purposes or to foster proficiency in small
criminal cases, in pursuit of official duty or when    ation for the purpose of loading and firing the          arms or at a target pistol shooting competition
duly authorized by regulation or order to pos-         same, by a person who has applied for a license          under the auspices of or approved by an associ-
sess the same.                                         to possess a pistol or revolver and pre-license          ation or organization described in paragraph 7-a
   3. Possession of a pistol or revolver by a per-     possession of same pursuant to section 400.00            of this subdivision for the purpose of loading and
son to whom a license therefor has been issued         or 400.01 of this chapter, who has not been pre-         firing the same by a person at least eighteen
as provided under section 400.00 or 400.01 of          viously denied a license, been previously con-           years of age but under the age of twenty-one
this chapter; provided, that such a license shall      victed of a felony or serious offense, and who           who has not been previously convicted of a felo-
not preclude a conviction for the offense defined      does not appear to be, or pose a threat to be, a         ny or serious offense, and who does not appear
in subdivision three of section 265.01 of this art-    danger to himself or to others, and who has              to be, or pose a threat to be, a danger to himself
icle.                                                  been approved for possession and use herein in           or to others; provided however, that such pos-
   4. Possession of a rifle, shotgun or longbow        accordance with section 400.00 or 400.01 of this         session shall be of a pistol or revolver duly li-
for use while hunting, trapping or fishing, by a       chapter; provided however, that such posses-             censed to and shall be used under the immedi-
person, not a citizen of the United States, carry-     sion shall be of a pistol or revolver duly licensed      ate supervision, guidance and instruction of, a
ing a valid license issued pursuant to section 11-     to and shall be used under the supervision, guid-        person specified in paragraph seven of this sub-
0713 of the environmental conservation law.            ance and instruction of, a person specified in           division.
   5. Possession of a rifle or shotgun by a per-       paragraph seven of this subdivision and pro-                 8. The manufacturer of machine-guns, assault
son other than a person who has been convicted         vided further that such possession and use be            weapons, large capacity ammunition feeding de-
of a class A-I felony or a violent felony offense,     within the jurisdiction of the licensing officer with    vices, disguised guns, pilum ballistic knives,
as defined in subdivision one of section 70.02 of      whom the person has made application therefor            switchblade or gravity knives, billies or black-
this chapter, who has been convicted as                or within the jurisdiction of the superintendent of      jacks as merchandise and the disposal and ship-
specified in subdivision four of section 265.01 to     state police in the case of a retired sworn mem-         ment thereof direct to a regularly constituted or
whom a certificate of good conduct has been            ber of the division of state police who has made         appointed state or municipal police department,
issued pursuant to section seven hundred three-        an application pursuant to section 400.01 of this        sheriff, policeman or other peace officer, or to a
b of the correction law.                               chapter.                                                 state prison, penitentiary, workhouse, county jail
   6. Possession of a switchblade or gravity knife        7-c. Possession for the purpose of loading            or other institution for the detention of persons
for use while hunting, trapping or fishing by a        and firing, of a rifle, pistol or shotgun, the propel-   convicted or accused of crime or held as wit-
person carrying a valid license issued to him          ling force of which may be either air, com-              nesses in criminal cases, or to the military ser-
pursuant to section 11-0713 of the environ-            pressed gas or springs, by a person under six-           vice of this state or of the United States.
mental conservation law.                               teen years of age but not under twelve, under                9. The regular and ordinary transport of fire-
   7. Possession, at an indoor or outdoor shoo-        the immediate supervision, guidance and in-              arms as merchandise, provided that the person
ting range for the purpose of loading and firing,      struction of (a) a duly commissioned officer of          transporting such firearms, where he knows or
of a rifle or shotgun, the propelling force of which   the United States army, navy, marine corps or            has reasonable means of ascertaining what he
is gunpowder by a person under sixteen years of        coast guard, or of the national guard of the state       is transporting, notifies in writing the police com-
age but not under twelve, under the immediate          of New York; or (b) a duly qualified adult citizen       missioner, police chief or other law enforcement
supervision, guidance and instruction of (a) a         of the United States who has been granted a              officer performing such functions at the place of
duly commissioned officer of the United States         certificate as an instructor in small arms practice      delivery, of the name and address of the con-
army, navy, air force, marine corps or coast           issued by the United States army, navy or ma-            signee and the place of delivery, and withholds
guard, or of the national guard of the state of        rine corps, or by the adjutant general of this           delivery to the consignee for such reasonable
                                                                                                                                                          Page 310
period of time designated in writing by such po-       Rifle Association and in which he is a compet-            (a) As used in this section "self-defense spray
lice commissioner, police chief or other law en-       itor, within forty-eight hours of such event or by a   device" shall mean a pocket sized spray device
forcement officer as such official may deem nec-       person who is a non-resident of the state while        which contains and releases a chemical or or-
essary for investigation as to whether the con-        attending or traveling to or from an organized         ganic substance which is intended to produce
signee may lawfully receive and possess such           match sanctioned by the International Handgun          temporary physical discomfort or disability
firearms.                                              Metallic Silhouette Association and in which he        through being vaporized or otherwise dispensed
    9-a.a. Except as provided in subdivision b         is a competitor, within forty-eight hours of such      in the air or any like device containing tear gas,
hereof, the regular and ordinary transport of pis-     event, provided that he has not been previously        pepper or similar disabling agent.
tols or revolvers by a manufacturer of firearms to     convicted of a felony or a crime which, if com-           (b) The exemption under this paragraph shall
whom a license as a dealer in firearms has been        mitted in New York, would constitute a felony,         not apply to a person who:
issued pursuant to section 400.00 of this              and further provided that the pistols or revolvers        (i) is less than eighteen years of age; or
chapter, or by an agent or employee of such            are transported unloaded in a locked opaque               (ii) has been previously convicted in this state
manufacturer of firearms who is otherwise duly         container together with a copy of the match pro-       of a felony or any assault; or
licensed to carry a pistol or revolver and who is      gram, match schedule or match registration                (iii) has been convicted of a crime outside the
duly authorized in writing by such manufacturer        card. Such documentation shall constitute prima        state of New York which if committed in New
of firearms to transport pistols or revolvers on       facie evidence of exemption, providing that such       York would constitute a felony or any assault
the date or dates specified, directly between          person also has in his possession a pistol li-         crime.
places where the manufacturer of firearms regu-        cense or firearms registration card issued in ac-         (c) The department of health, with the cooper-
larly conducts business provided such pistols or       cordance with the laws of his place of residence.      ation of the division of criminal justice services
revolvers are transported unloaded, in a locked        For purposes of this subdivision, a person li-         and the superintendent of state police, shall de-
opaque container. For purposes of this subdivi-        censed in a jurisdiction which does not authorize      velop standards and promulgate regulations re-
sion, places where the manufacturer of firearms        such license by a person who has been previ-           garding the type of self-defense spray device
regularly conducts business includes, but is not       ously convicted of a felony shall be presumed to       which may lawfully be purchased, possessed
limited to places where the manufacturer of fire-      have no prior conviction. The superintendent of        and used pursuant to this paragraph. The regu-
arms regularly or customarily conducts develop-        state police shall annually review the laws of jur-    lations shall include a requirement that every
ment or design of pistols or revolvers, or regular-    isdictions within the United States and Canada         self-defense spray device which may be lawfully
ly or customarily conducts tests on pistols or         with respect to the applicable requirements for li-    purchased, possessed or used pursuant to this
revolvers, or regularly or customarily participates    censing or registration of firearms and shall pub-     paragraph have a label which states: "WARN-
in the exposition of firearms to the public.           lish a list of those jurisdictions which prohibit      ING: The use of this substance or device for any
    b. The transportation of such pistols or revolv-   possession of a firearm by a person previously         purpose other than self-defense is a criminal of-
ers into, out of or within the city of New York        convicted of a felony or crimes which if com-          fense under the law. The contents are danger-
may be done only with the consent of the police        mitted in New York state would constitute a            ous - use with care. This device shall not be sold
commissioner of the city of New York. To obtain        felony.                                                by anyone other than a licensed or authorized
such consent, the manufacturer must notify the            13-a. Except in cities not wholly contained         dealer. Possession of this device by any person
police commissioner in writing of the name and         within a single county of the state, possession of     under the age of eighteen or by anyone who has
address of the transporting manufacturer, or           pistols and revolvers by a person who is a non-        been convicted of a felony or assault is illegal.
agent or employee of the manufacturer who is           resident of this state while attending or traveling    Violators may be prosecuted under the law."
authorized in writing by such manufacturer to          to or from, an organized convention or exhibition         15. Possession and sale of a self-defense
transport pistols or revolvers, the number, make       for the display of or education about firearms,        spray device as defined in paragraph fourteen of
and model number of the firearms to be trans-          which is conducted under auspices of, or ap-           this subdivision by a dealer in firearms licensed
ported and the place where the manufacturer            proved by, the National Rifle Association and in       pursuant to section 400.00 of this chapter, a
regularly conducts business within the city of         which he is a registered participant, within forty-    pharmacist licensed pursuant to article one hun-
New York and such other information as the             eight hours of such event, provided that he has        dred thirty-seven of the education law or by such
commissioner may deem necessary. The manu-             not been previously convicted of a felony or a         other vendor as may be authorized and ap-
facturer must not transport such pistols and re-       crime which, if committed in New York, would           proved by the superintendent of state police.
volvers between the designated places of busi-         constitute a felony, and further provided that the        (a) Every self-defense spray device shall be
ness for such reasonable period of time desig-         pistols or revolvers are transported unloaded in       accompanied by an insert or inserts which in-
nated in writing by the police commissioner as         a locked opaque container together with a copy         clude directions for use, first aid information,
such official may deem necessary for investiga-        of the convention or exhibition program, conven-       safety and storage information and which shall
tion and to give consent. The police commis-           tion or exhibition schedule or convention or exhi-     also contain a toll free telephone number for the
sioner may not unreasonably withhold his con-          bition registration card. Such documentation           purpose of allowing any purchaser to call and re-
sent.                                                  shall constitute prima facie evidence of exemp-        ceive additional information regarding the availa-
    10. Engaging in the business of gunsmith or        tion, providing that such person also has in his       bility of local courses in self-defense training and
dealer in firearms by a person to whom a valid li-     possession a pistol license or firearms registra-      safety in the use of a self-defense spray device.
cense therefor has been issued pursuant to sec-        tion card issued in accordance with the laws of           (b) Before delivering a self-defense spray de-
tion 400.00.                                           his place of residence. For purposes of this par-      vice to any person, the licensed or authorized
    11. Possession of a firearm or large capacity      agraph, a person licensed in a jurisdiction which      dealer shall require proof of age and a sworn
ammunition feeding device by a police officer or       does not authorize such license by a person            statement on a form approved by the superin-
sworn peace officer of another state while con-        who has been previously convicted of a felony          tendent of state police that such person has not
ducting official business within the state of New      shall be presumed to have no prior conviction.         been convicted of a felony or any crime involving
York.                                                  The superintendent of state police shall annually      an assault. Such forms shall be forwarded to the
    12. Possession of a pistol or revolver by a        review the laws of jurisdictions within the United     division of state police at such intervals as di-
person who is a member or coach of an accred-          States and Canada with respect to the applic-          rected by the superintendent of state police. Ab-
ited college or university target pistol team while    able requirements for licensing or registration of     sent any such direction the forms shall be main-
transporting the pistol or revolver into or through    firearms and shall publish a list of those jurisdic-   tained on the premises of the vendor and shall
New York state to participate in a collegiate, o-      tions which prohibit possession of a firearm by a      be open at all reasonable hours for inspection by
lympic or target pistol shooting competition un-       person previously convicted of a felony or             any peace officer or police officer, acting pursu-
der the auspices of or approved by the national        crimes which if committed in New York state            ant to his or her special duties. No more than
rifle association, provided such pistol or revolver    would constitute a felony.                             two self-defense spray devices may be sold at
is unloaded and carried in a locked carrying              14. Possession in accordance with the provi-        any one time to a single purchaser.
case and the ammunition therefor is carried in a       sions of this paragraph of a self-defense spray           16. The terms "rifle," "shotgun," "pistol," "re-
separate locked container.                             device as defined herein for the protection of a       volver," and "firearm" as used in paragraphs
    13. Possession of pistols and revolvers by a       person or property and use of such self-defense        three, four, five, seven, seven-a, seven-b, nine,
person who is a nonresident of this state while        spray device under circumstances which would           nine-a, ten, twelve, thirteen and thirteen-a of this
attending or traveling to or from, an organized        justify the use of physical force pursuant to art-     subdivision shall not include a disguised gun or
competitive pistol match or league competition         icle thirty-five of this chapter.                      an assault weapon.
under auspices of, or approved by, the National
                                                                                                                                                       Page 311
   b. Section 265.01 shall not apply to posses-            arms safety course pertaining to the safe use,           intendent of state police. An application shall
sion of that type of billy commonly known as a             carrying, possession, maintenance and storage            state the full name, date of birth, residence,
"police baton" which is twenty-four to twenty-six          of a firearm; and (ii) persons who were licensed         present occupation of each person or individual
inches in length and no more than one and one-             to possess a pistol or revolver prior to the effect-     signing the same, whether or not he is a citizen
quarter inches in thickness by members of an               ive date of this paragraph are not required to           of the United States, whether or not he complies
auxiliary police force of a city with a population         have completed a firearms safety course and              with each requirement for eligibility specified in
in excess of one million persons or the county of          test; and (g) concerning whom no good cause              subdivision one of this section and such other
Suffolk when duly authorized by regulation or or-          exists for the denial of the license. No person          facts as may be required to show the good char-
der issued by the police commissioner of such              shall engage in the business of gunsmith or              acter, competency and integrity of each per-son
city or such county respectively. Such regula-             dealer in firearms unless licensed pursuant to           or individual signing the application. An applica-
tions shall require training in the use of the po-         this section. An applicant to engage in such bus-        tion shall be signed and verified by the applicant.
lice baton including but not limited to the defens-        iness shall also be a citizen of the United States,      Each individual signing an application shall sub-
ive use of the baton and instruction in the legal          more than twenty-one years of age and maintain           mit one photograph of himself and a duplicate
use of deadly physical force pursuant to article           a place of business in the city or county where          for each required copy of the application. Such
thirty-five of this chapter. Notwithstanding the           the license is issued. For such business, if the         photographs shall have been taken within thirty
provisions of this section or any other provision          applicant is a firm or partnership, each member          days prior to filing the application. In case of a li-
of law, possession of such baton shall not be au-          thereof shall comply with all of the requirements        cense as gunsmith or dealer in firearms, the
thorized when used intentionally to strike anoth-          set forth in this subdivision and if the applicant is    photographs submitted shall be two inches
er person except in those situations when the              a corporation, each officer thereof shall so com-        square, and the application shall also state the
use of deadly physical force is authorized by              ply.                                                     previous occupation of each individual signing
such article thirty-five. …                                    2. Types of licenses. A license for gunsmith         the same and the location of the place of such
   265.40 Purchase of rifles and/or shotguns               or dealer in firearms shall be issued to engage in       business, or of the bureau, agency, subagency,
in contiguous states.                                      such business. A license for a pistol or revolver,       office or branch office for which the license is
   Definitions. As used in this act:                       other than an assault weapon or a disguised              sought, specifying the name of the city, town or
   1. "Contiguous state" shall mean any state              gun, shall be issued to (a) have and possess in          village, indicating the street and number and
having any portion of its border in common with            his dwelling by a house-holder; (b) have and             otherwise giving such apt description as to point
a portion of the border of the state of New York;          possess in his place of business by a merchant           out reasonably the location thereof. In such
   2. All other terms herein shall be given the            or storekeeper; (c) have and carry concealed             case, if the applicant is a firm, partnership or
meaning prescribed in Public Law 90-618 known              while so employed by a messenger employed by             corporation, its name, date and place of forma-
as the "Gun Control Act of l968"(18 U.S.C. 921).           a banking institution or express company; (d)            tion, and principal place of business shall be
   It shall be lawful for a person or persons re-          have and carry concealed by a justice of the su-         stated. For such firm or partnership, the applica-
siding in this state, to purchase or otherwise ob-         preme court in the first or second judicial depart-      tion shall be signed and verified by each individ-
tain a rifle and/or shotgun in a contiguous state,         ments, or by a judge of the New York city civil          ual composing or intending to compose the
and to receive or transport such rifle and/ or             court or the New York city criminal court; (e)           same, and for such corporation, by each officer
shotgun into this state; provided, however, such           have and carry concealed while so employed by            thereof.
person is otherwise eligible to possess a rifle            a regular employee of an institution of the state,           (b) Application for an exemption under para-
and/or shotgun under the laws of this state.               or of any county, city, town or village, under con-      graph seven-b of subdivision a of section 265.20
                                                           trol of a commissioner of correction of the city or      of this chapter. Each applicant desiring to obtain
 Article 400. Licensing and Other Provisions               any warden, superintendent or head keeper of             the exemption set forth in paragraph seven-b of
              Relating to Firearms                         any state prison, penitentiary, workhouse, coun-         subdivision a of section 265.20 of this chapter
                                                           ty jail or other institution for the detention of per-   shall make such request in writing of the licens-
    400.00. Licenses to carry, possess, repair             sons convicted or accused of crime or held as            ing officer with whom his application for a li-
and dispose of firearms.                                   witnesses in criminal cases, provided that appli-        cense is filed, at the time of filing such applica-
    1. Eligibility. No license shall be issued or re-      cation is made therefor by such commissioner,            tion. Such request shall include a signed and
newed pursuant to this section except by the li-           warden, superintendent or head keeper; (f) have          verified statement by the person authorized to
censing officer, and then only after investigation         and carry concealed, without regard to employ-           instruct and supervise the applicant, that has
and finding that all statements in a proper appli-         ment or place of possession, by any person               met with the applicant and that he has deter-
cation for a license are true. No license shall be         when proper cause exists for the issuance there-         mined that, in his judgment, said applicant does
issued or renewed except for an applicant (a)              of; and (g) have, possess, collect and carry an-         not appear to be or poses a threat to be, a dan-
twenty-one years of age or older, provided, how-           tique pistols which are defined as follows: (i) any      ger to himself or to others. He shall include a
ever, that where such applicant has been honor-            single shot, muzzle loading pistol with a match-         copy of his certificate as an instructor in small
ably discharged from the United States army,               lock, flintlock, percussion cap, or similar type of      arms, if he is required to be certified, and state
navy, marine corps, air force or coast guard, or           ignition system manufactured in or before 1898,          his address and telephone number. He shall
the national guard of the state of New York, no            which is not designed for using rimfire or con-          specify the exact location by name, address and
such age restriction shall apply; (b) of good mor-         ventional centerfire fixed ammunition; and (ii)          telephone number where such instruction will
al character; (c) who has not been convicted               any replica of any pistol described in clause (i)        take place. Such licensing officer shall, no later
anywhere of a felony or a serious offense; (d)             hereof if such replica -                                 than ten business days after such filing, request
who has stated whether he has ever suffered                    (1) is not designed or redesigned for using          the duly constituted police authorities of the lo-
any mental illness or been confined to any hos-            rimfire or conventional centerfire fixed ammuni-         cality where such application is made to investi-
pital or institution, public or private, for mental ill-   tion, or                                                 gate and ascertain any previous criminal record
ness; (e) who has not had a license revoked or                 (2) uses rimfire or conventional centerfire          of the applicant pursuant to subdivision four of
who is not under a suspension or ineligibility or-         fixed ammunition which is no longer manufac-             this section. Upon completion of this investiga-
der issued pursuant to the provisions of section           tured in the United States and which is not read-        tion, the police authority shall report the results
530.14 of the criminal procedure law or section            ily available in the ordinary channels of commer-        to the licensing officer without unnecessary de-
eight hundred forty-two-a of the family court act;         cial trade.                                              lay. The licensing officer shall no later than ten
(f) in the county of Westchester, who has suc-                 3. Applications.                                     business days after the receipt of such investi-
cessfully completed a firearms safety course                   (a) Applications shall be made and renewed,          gation, determine if the applicant has been pre-
and test as evidenced by a certificate of comple-          in the case of a license to carry or possess a           viously denied a license, been convicted of a fel-
tion issued in his or her name and endorsed and            pistol or revolver, to the licensing officer in the      ony, or been convicted of a serious offense, and
affirmed under the penalties of perjury by a duly          city or county, as the case may be, where the            either approve or disapprove the applicant for
authorized instructor, except that: (i) persons            applicant resides, is principally employed or has        exemption purposes based upon such determin-
who are honorably discharged from the United               his principal place of business as merchant or           ations. If the applicant is approved for the ex-
States army, navy, marine corps or coast guard,            storekeeper; and, in the case of a license as            emption, the licensing officer shall notify the ap-
or of the national guard of the state of New York,         gunsmith or dealer in firearms, to the licensing         propriate duly constituted police authorities and
and produce evidence of official qualification in          officer where such place of business is located.         the applicant. Such exemption shall terminate if
firearms during the term of service are not re-            Blank applications shall, except in the city of          the application for the license is denied, or at
quired to have completed those hours of a fire-            New York, be approved as to form by the super-           any earlier time based upon any information ob-
                                                                                                                                                               Page 312
tained by the licensing officer or the appropriate     delay, in each case the licensing officer shall act     pursuant to subdivision thirty-four of section 1.20
police authorities which would cause the license       upon any application for a license pursuant to          of the criminal procedure law or a retired federal
to be denied. The applicant and appropriate po-        this section within six months of the date of pre-      law enforcement officer, as defined in section
lice authorities shall be notified of any such         sentment of such an application to the appropri-        2.15 of the criminal procedure law, who has
terminations.                                          ate authority. Such delay may only be for good          been issued a license by an authorized licensing
    4. Investigation. Before a license is issued or    cause and with respect to the applicant. In act-        officer as defined in subdivision ten of section
renewed, there shall be an investigation of all        ing upon an application, the licensing officer          265.00 of this chapter; provided, further, how-
statements required in the application by the          shall either deny the application for reasons spe-      ever, that if such license was not issued in the
duly constituted police authorities of the locality    cifically and concisely stated in writing or grant      city of New York it must be marked "Retired Po-
where such application is made. For that pur-          the application and issue the license applied for.      lice Officer" or "Retired Federal Law Enforce-
pose, the records of the appropriate office of the         4-b. Westchester county firearms safety             ment Officer", as the case may be, and, in the
department of mental hygiene concerning previ-         course certificate. In the county of Westchest-         case of a retired officer the license shall be
ous or present mental illness of the applicant         er, at the time of application, the licensing officer   deemed to permit only police or federal law en-
shall be available for inspection by the investi-      to which the license application is made shall          forcement regulations weapons; or provided that
gating officer of the police authority. In order to    provide a copy of the safety course booklet to          (e) the licensee is a peace officer described in
ascertain any previous criminal record, the in-        each license applicant. Before such license is is-      subdivision four of section 2.10 of the criminal
vestigating officer shall take the fingerprints and    sued, such licensing officer shall require that the     procedure law and the license, if issued by other
physical descriptive data in quadruplicate of          applicant submit a certificate of successful com-       than the city of New York, is marked "New York
each individual by whom the application is             pletion of a firearms safety course and test is-        State Tax Department Peace Officer" and in
signed and verified. Two copies of such finger-        sued in his or her name and endorsed and af-            such case the exemption shall apply only to the
prints shall be taken on standard fingerprint          firmed under the penalties of perjury by a duly         firearm issued to such licensee by the depart-
cards eight inches square, and one copy may be         authorized instructor.                                  ment of taxation and finance. A license as gun-
taken on a card supplied for that purpose by the           5. Filing of approved applications. The ap-         smith or dealer in firearms shall not be valid out-
federal bureau of investigation; provided,             plication for any license, if granted, shall be filed   side the city or county, as the case may be,
however, that in the case of a corporate               by the licensing officer with the clerk of the coun-    where issued.
applicant that has already been issued a dealer        ty of issuance, except that in the city of New             7. License: form. Any license issued pursu-
in firearms license and seeks to operate a             York and, in the counties of Nassau and Suffolk,        ant to this section shall, except in the city of New
firearm dealership at a second or subsequent           the licensing officer shall designate the place of      York, be approved as to form by the superinten-
location, the original fingerprints on file may be     filing in the appropriate division, bureau or unit of   dent of state police. A license to carry or pos-
used to ascertain any criminal record in the           the police department thereof, and in the county        sess a pistol or revolver shall have attached the
second or subsequent application unless any of         of Suffolk the county clerk is hereby authorized        licensee's photograph, and a coupon which shall
the corporate officers have changed since the          to transfer all records or applications relating to     be removed and retained by any person dispos-
prior application, in which case the new               firearms to the licensing authority of that county.     ing of a firearm to the licensee. Such license
corporate officer shall comply with procedures         The name and address of any person to whom              shall specify the weapon covered by caliber,
governing an initial application for such license.     an application for any license has been granted         make, model, manufacturer's name and serial
When completed, one standard card shall be             shall be a public record. Upon application by a li-     number, or if none, by any other distinguishing
forwarded to and retained by the division of           censee who has changed his place of residence           number or identification mark, and shall indicate
criminal justice services in the executive             such records or applications shall be transferred       whether issued to carry on the person or pos-
department, at Albany. A search of the files of        to the appropriate officer at the licensee's new        sess on the premises, and if on the premises
such division and written notification of the          place of residence. A duplicate copy of such ap-        shall also specify the place where the licensee
results of the search to the investigating officer     plication shall be filed by the licensing officer in    shall possess the same. If such license is issued
shall be made without unnecessary delay.               the executive department, division of state po-         to an alien, or to a person not a citizen of and
Thereafter, such division shall notify the             lice, Albany, within ten days after issuance of the     usually a resident in the state, the licensing offi-
licensing officer and the executive department,        license. Nothing in this subdivision shall be con-      cer shall state in the license the particular rea-
division of state police, Albany, of any criminal      strued to change the expiration date or term of         son for the issuance and the names of the per-
record of the applicant filed therein subsequent       such licenses if otherwise provided for in law.         sons certifying to the good character of the ap-
to the search of its files. A second standard              6. License: validity. Any license issued pur-       plicant. Any license as gunsmith or dealer in fire-
card, or the one supplied by the federal bureau        suant to this section shall be valid notwithstand-      arms shall mention and describe the premises
of investigation, as the case may be, shall be         ing the provisions of any local law or ordinance.       for which it is issued and shall be valid only for
forwarded to that bureau at Washington with a          No license shall be transferable to any other per-      such premises.
request that the files of the bureau be searched       son or premises. A license to carry or possess a           8. License: exhibition and display. Every
and notification of the results of the search be       pistol or revolver, not otherwise limited as to         licensee while carrying a pistol or revolver shall
made to the investigating police authority. The        place or time of possession, shall be effective         have on his or her person a license to carry the
failure or refusal of the federal bureau of            throughout the state, except that the same shall        same. Every person licensed to possess a pistol
investigation to make the fingerprint check            not be valid within the city of New York unless a       or revolver on particular premises shall have the
provided for in this section shall not constitute      special permit granting validity is issued by the       license for the same on such premises. Upon
the sole basis for refusal to issue a permit           police commissioner of that city. Such license to       demand, the license shall be exhibited for in-
pursuant to the provisions of this section. Of the     carry or possess shall be valid within the city of      spection to any peace officer, who is acting pur-
remaining two fingerprint cards, one shall be          New York in the absence of a permit issued by           suant to his or her special duties, or police offi-
filed with the executive department, division of       the police commissioner of that city, provided          cer. A license as gunsmith or dealer in firearms
state police, Albany, within ten days after issu-      that (a) the firearms covered by such license           shall be prominently displayed on the licensed
ance of the license, and the other remain on file      have been purchased from a licensed dealer              premises. A gunsmith or dealer of firearms may
with the investigating police authority. No such       within the city of New York and are being trans-        conduct business temporarily at a location other
fingerprints may be inspected by any person            ported out of said city forthwith and immediately       than the location specified on the license if such
other than a peace officer, who is acting pursu-       from said dealer by the licensee in a locked con-       temporary location is the location for a gun show
ant to his special duties, or a police officer, ex-    tainer during a continuous and uninterrupted trip;      or event sponsored by any national, state, or lo-
cept on order of a judge or justice of a court of      or provided that (b) the firearms covered by such       cal organization, or any affiliate of any such or-
record either upon notice to the licensee or with-     license are being transported by the licensee in        ganization devoted to the collection, competitive
out notice, as the judge or justice may deem ap-       a locked container and the trip through the city        use or other sporting use of firearms. Any sale
propriate. Upon completion of the investigation,       of New York is continuous and uninterrupted; or         or transfer at a gun show must also comply with
the police authority shall report the results to the   provided that (c) the firearms covered by such          the provisions of article thirty-nine-DD of the
licensing officer without unnecessary delay.           license are carried by armored car security             general business law. Records of receipt and
    4-a. Processing of license applications.           guards transporting money or other valuables,           disposition of firearms transactions conducted at
Applications for licenses shall be accepted for        in, to, or from motor vehicles commonly known           such temporary location shall include the loca-
processing by the licensing officer at the time of     as armored cars, during the course of their em-         tion of the sale or other disposition and shall be
presentment. Except upon written notice to the         ployment; or provided that (d) the licensee is a        entered in the permanent records of the gun-
applicant specifically stating the reasons for any     retired police officer as police officer is defined     smith or dealer of firearms and retained on the
                                                                                                                                                        Page 313
location specified on the license. Nothing in this      provided. Any license not previously cancelled         diately surrendered to the licensing officer in the
section shall authorize any licensee to conduct         or revoked shall remain in full force and effect       city of New York, and in the counties of Nassau
business from any motorized or towed vehicle. A         for thirty days beyond the stated expiration date      and Suffolk, and elsewhere in the state to the
separate fee shall not be required of a licensee        on such license. Any application to renew a li-        executive department, division of state police.
with respect to business conducted under this           cense that has not previously expired, been re-           12-a. State police regulations applicable to
subdivision. Any inspection or examination of in-       voked or cancelled shall thereby extend the term       licensed gunsmiths engaged in the business
ventory or records under this section at such           of the license until disposition of the application    of assembling or manufacturing firearms.
temporary location shall be limited to inventory        by the licensing officer. In the case of a license     The superintendent of state police is hereby au-
consisting of, or records related to, firearms held     for gunsmith or dealer in firearms, in counties        thorized to issue such rules and regulations as
or disposed at such temporary locations. Failure        having a population of less than two hundred           he deems reasonably necessary to prevent the
of any licensee to so exhibit or display his or her     thousand inhabitants, photographs and finger-          manufacture and assembly of unsafe firearms in
license, as the case may be, shall be presump-          prints shall be submitted on original applications     the state. Such rules and regulations shall es-
tive evidence that he or she is not duly licensed.      and upon renewal thereafter only at six year in-       tablish safety standards in regard to the manu-
    9. License: amendment. Elsewhere than in            tervals. Upon satisfactory proof that a currently      facture and assembly of firearms in the state, in-
the city of New York, a person licensed to carry        valid original license has been despoiled, lost or     cluding specifications as to materials and parts
or possess a pistol or revolver may apply at any        otherwise removed from the possession of the li-       used, the proper storage and shipment of fire-
time to his licensing officer for amendment of his      censee and upon application containing an addi-        arms, and minimum standards of quality control.
license to include one or more such weapons or          tional photograph of the licensee, the licensing       Regulations issued by the state police pursuant
to cancel weapons held under license. If gran-          officer shall issue a duplicate license.               to this subdivision shall apply to any person li-
ted, a record of the amendment describing the              11. License: revocation and suspension.             censed as a gunsmith under this section en-
weapons involved shall be filed by the licensing        The conviction of a licensee anywhere of a fel-        gaged in the business of manufacturing or as-
officer in the executive department, division of        ony or serious offense shall operate as a revo-        sembling firearms, and any violation thereof
state police, Albany. Notification of any change        cation of the license. A license may be revoked        shall subject the licensee to revocation of li-
of residence shall be made in writing by any li-        or suspended as provided for in section 530.14         cense pursuant to subdivision eleven of this sec-
censee within ten days after such change oc-            of the criminal procedure law or section eight         tion.
curs, and a record of such change shall be in-          hundred forty-two-a of the family court act. A li-        12-c. Firearms records.
scribed by such licensee on the reverse side of         cense may be revoked and cancelled at any                 (a) Every employee of a state or local agency,
his license. Elsewhere than in the city of New          time in the city of New York, and in the counties      unit of local government, state or local commis-
York, and in the counties of Nassau and Suffolk,        of Nassau and Suffolk, by the licensing officer,       sion, or public or private organization who pos-
such notification shall be made to the executive        and elsewhere than in the city of New York by          sesses a firearm or machine-gun under an ex-
department, division of state police, Albany, and       any judge or justice of a court of record. The offi-   emption to the licensing requirements under this
in the city of New York to the police commission-       cial revoking a license shall give written notice      chapter, shall promptly report in writing to his
er of that city, and in the county of Nassau to the     thereof without unnecessary delay to the execu-        employer the make, model, caliber and serial
police commissioner of that county, and in the          tive department, division of state police, Albany,     number of each such firearm or machine-gun.
county of Suffolk to the licensing officer of that      and shall also notify immediately the duly consti-     Thereafter, within ten days of the acquisition or
county, who shall, within ten days after such no-       tuted police authorities of the locality.              disposition of any such weapon, he shall furnish
tification shall be received by him, give notice in        12. Records required of gunsmiths and               such information to his employer, including the
writing of such change to the executive depart-         dealers in firearms. Any person licensed as            name and address of the person from whom the
ment, division of state police, at Albany.              gunsmith or dealer in firearms shall keep a rec-       weapon was acquired or to whom it was dis-
     10. License: expiration, certification and         ord book approved as to form, except in the city       posed.
renewal. Any license for gunsmith or dealer in          of New York, by the superintendent of state po-           (b) Every head of a state or local agency, unit
firearms and, in the city of New York, any li-          lice. In the record book shall be entered at the       of local government, state or local commission,
cense to carry or possess a pistol or revolver, is-     time of every transaction involving a firearm the      public authority or public or private organization
sued at any time pursuant to this section or prior      date, name, age, occupation and residence of           to whom an employee has submitted a report
to the first day of July, nineteen hundred sixty-       any person from whom a firearm is received or          pursuant to paragraph (a) of this subdivision
three and not limited to expire on an earlier date      to whom a firearm is delivered, and the caliber,       shall promptly forward such report to the super-
fixed in the license, shall expire not more than        make, model, manufacturer's name and serial            intendent of state police.
three years after the date of issuance. In the          number, or if none, any other distinguishing              (c) Every head of a state or local agency, unit
counties of Nassau, Suffolk and Westchester,            number or identification mark on such firearm.         of local government, state or local commission,
any license to carry or possess a pistol or re-         Before delivering a firearm to any person, the li-     public authority, or any other agency, firm or cor-
volver, issued at any time pursuant to this sec-        censee shall require him to produce either a li-       poration that employs persons who may lawfully
tion or prior to the first day of July, nineteen hun-   cense valid under this section to carry or pos-        possess firearms or machine-guns without the
dred sixty-three and not limited to expire on an        sess the same, or proof of lawful authority as an      requirement of a license therefor, or that em-
earlier date fixed in the license, shall expire not     exempt person pursuant to section 265.20. In           ploys persons licensed to possess fire-arms or
more than five years after the date of issuance;        addition, before delivering a firearm to a peace       machine-guns, shall promptly report to the su-
however, in the county of Westchester, any such         officer, the licensee shall verify that person's       perintendent of state police, in the manner pre-
license shall be certified prior to the first day of    status as a peace officer with the division of         scribed by him, the make, model, caliber and se-
April, two thousand, in accordance with a sched-        state police. After completing the foregoing, the      rial number of every firearm or machine-gun
ule to be contained in regulations promulgated          licensee shall remove and retain the attached          possessed by it on the effective date of this act
by the commissioner of the division of criminal         coupon and enter in the record book the date of        for the use of such employees or for any other
justice services, and every such license shall be       such license, number, if any, and name of the li-      use. Thereafter, within ten days of the acquisi-
recertified every five years thereafter. For pur-       censing officer, in the case of the holder of a li-    tion or disposition of any such weapon, such
poses of this section certification shall mean that     cense to carry or possess, or the shield or other      head shall report such information to the super-
the licensee shall provide to the licensing officer     number, if any, assignment and department, unit        intendent of the state police, including the name
the following information only: current name,           or agency, in the case of an exempt person. The        and address of the person from whom the wea-
date of birth, current address, and the make,           original transaction report shall be forwarded to      pon was acquired or to whom it was disposed.
model, caliber and serial number of all firearms        the division of state police within ten days of de-       13. Expenses. The expense of providing a
currently possessed. Such certification informa-        livering a firearm to any person, and a duplicate      licensing officer with blank applications, licenses
tion shall be filed by the licensing officer in the     copy shall be kept by the licensee. The record         and record books for carrying out the provisions
same manner as an amendment. Elsewhere                  book shall be maintained on the premises men-          of this section shall be a charge against the
than in the city of New York and the counties of        tioned and described in the license and shall be       county, and in the city of New York against the
Nassau, Suffolk and Westchester, any license to         open at all reasonable hours for inspection by         city.
carry or possess a pistol or revolver, issued at        any peace officer, acting pursuant to his special         14. Fees. In the city of New York and the
any time pursuant to this section or prior to the       duties, or police officer. In the event of cancella-   county of Nassau, the annual license fee shall
first day of July, nineteen hundred sixty-three         tion or revocation of the license for gunsmith or      be twenty-five dollars for gunsmiths and fifty dol-
and not previously revoked or cancelled, shall          dealer in firearms, or discontinuance of business      lars for dealers in firearms. In such city, the city
be in force and effect until revoked as herein          by a licensee, such record book shall be imme-         council and in the county of Nassau the Board of
                                                                                                                                                        Page 314
Supervisors shall fix the fee to be charged for a          400.10. Report of theft or loss of a firearm,       play and sale of ammunition in the City of
license to carry or possess a pistol or revolver        rifle or shotgun.                                      Albany require the regulation thereof in the
and provide for the disposition of such fees.              1.(a) Any owner or other person lawfully in         public interest, convenience and necessity.
Elsewhere in the state, the licensing officer shall     possession of a firearm, rifle or shotgun who suf-         193-7. Definitions. Unless otherwise ex-
collect and pay into the county treasury the fol-       fers the loss or theft of said weapon shall within     pressly stated, whenever used in this Article, the
lowing fees: for each license to carry or possess       twenty-four hours of the discovery of the loss or      following words shall have the meanings given
a pistol or revolver, not less than three dollars       theft report the facts and circumstances of the        to them by this section. When used herein:
nor more than ten dollars as may be determined          loss or theft to a police department or sheriff's          Ammunition - Any projectile commonly
by the legislative body of the county; for each         office.                                                known as a "bullet" or "shell."
amendment thereto, three dollars, and five dol-            (b) Whenever a person reports the theft or              Firearm - Any weapon from which a shot is
lars in the county of Suffolk; and for each license     loss of a firearm, rifle or shotgun to any police      discharged by force of an explosive, or a wea-
issued to a gunsmith or dealer in firearms, ten         department or sheriff's office, the officer or de-     pon which acts by force of gunpowder, and shall
dollars. The fee for a duplicate license shall be       partment receiving such report shall forward no-       include any weapon capable of being loaded
five dollars. The fee for processing a license          tice of such theft or loss to the division of state    with powder, ball or ammunition, and shall in-
transfer between counties shall be five dollars.        police via the New York Statewide Police Infor-        clude any weapon which is otherwise capable of
The fee for processing a license or renewal             mation Network. The notice shall contain infor-        being loaded with powder, ball or ammunition,
thereof for a qualified retired police officer as de-   mation in compliance with the New York State-          whether completed, assembled or from which
fined under subdivision thirty-four of section 1.20     wide Police Information Network Operating Man-         any part or piece has been removed therefrom.
of the criminal procedure law, or a qualified re-       ual, including the caliber, make, model, manu-             Person - Any person, firm, partnership, asso-
tired sheriff, undersheriff, or deputy sheriff of the   facturer's name and serial number, if any, and         ciation, corporation, company or organization of
city of New York as defined under subdivision           any other distinguishing number or identification      any kind.
two of section 2.10 of the criminal procedure           mark on the weapon.                                        193-8. Storage.
law, or a qualified retired bridge and tunnel              2. The division of state police shall receive,          (A) Firearms and ammunition for sale shall be
officer, sergeant or lieutenant of the triborough       collect and file the information referred to in sub-   kept secured at all times when the place in
bridge and tunnel authority as defined under            division one of this section. The division shall co-   which they are held for sale is not open for
subdivision twenty of section 2.10 of the criminal      operate, and undertake to furnish or make avail-       business. The manner in which the firearms and
procedure law, or a qualified retired uniformed         able to law enforcement agencies this informa-         ammunition are to be secured must be approved
court officer in the unified court system, or a         tion, for the purpose of coordinating law enforce-     by both the Chief of Police and the Chief of the
qualified retired court clerk in the unified court      ment efforts to locate such weapons.                   Fire Department upon receipt of appropriate
system in the first and second judicial                    3. Notwithstanding any other provision of law,      application for such approval. Such approval
departments, as defined in paragraphs a and b           a violation of paragraph (a) of subdivision one of     shall in no case be unreasonably withheld.
of subdivision twenty-one of section 2.10 of the        this section shall be punishable only by a fine            (B) The regulations provided for herein shall
criminal procedure law or a retired correction          not to exceed one hundred dollars.                     not apply to personal possession, use or
officer as defined in subdivision twenty-five of                                                               ownership of firearms or ammunition therefor.
section 2.10 of the criminal procedure law shall        [Current through 2007 Regular Session]                     193-9. Sale of ammunition. Ammunition
be waived in all counties throughout the state.                                                                shall only be sold to persons possessing a valid
    15. Any violation by any person of any prov-                                                               firearms license, when a license is required for
ision of this section is a class A misdemeanor.                   Code of the City of Albany                   the type of firearm for which the ammunition is
    16. Unlawful disposal. No person shall ex-                                                                 used. When purchasing any other type of
cept as otherwise authorized pursuant to law               Chapter 193. Firearms and Ammunition                ammunition, where a firearms license would not
dispose of any firearm unless he is licensed as                                                                be required for the type of ammunition being
gunsmith or dealer in firearms.                             Article I. Carrying of Loaded Firearms             purchased, a driver's license shall be required. A
    17. Applicability of section. The provisions                                                               record shall be kept by the dealer of each sale of
of article two hundred sixty-five relating to illegal      193-1. Unlawful to carry loaded firearms;           ammunition which shall show the type, caliber
possession of a firearm, shall not apply to an of-      exception. Any person, other than a peace offi-        and quantity of ammunition sold, the name and
fense which also constitutes a violation of this        cer, who shall in any public street, highway or        address of the person receiving the same, the
section by a person holding an otherwise valid li-      place within the City of Albany have upon his          caliber, make, model, manufacturer’s name and
cense under the provisions of this section and          person or carry any loaded pistol, revolver or         serial number of the firearm for which the
such offense shall only be punishable as a class        other firearm without having been authorized as        purchaser is purchasing ammunition, the date
A misdemeanor pursuant to this section. In addi-        provided by law to carry the same shall be guilty      and time of the transaction, and the identifying
tion, the provisions of such article two hundred        of a misdemeanor, punishable by a fine not ex-         number of the firearms or driver's license. Such
sixty-five shall not apply to the possession of a       ceeding $1,000 or by imprisonment not exceed-          record shall be maintained for 10 years and shall
firearm in a place not authorized by law, by a          ing one year, or by both such fine and imprison-       be made available to state and local
person who holds an otherwise valid license or          ment.                                                  enforcement agencies upon request.
possession of a firearm by a person within a one           193-2. Commissioner of Police authorized                193-10. Report of theft or loss to Police De-
year period after the stated expiration date of an      to issue permit to carry loaded firearms. Any          partment. Any theft or loss of ammunition or
otherwise valid license which has not been pre-         person, except as provided in this Article, who        firearms from a storage vault or otherwise shall
viously cancelled or revoked shall only be pun-         has occasion to carry a loaded revolver, pistol or     be reported immediately to the Police Depart-
ishable as a class A misdemeanor pursuant to            firearm for his protection may apply to the Com-       ment of the City of Albany.
this section.                                           missioner of Police, and such officer, if satisfied        193-12. Penalties for offenses. Any person
    400.05 Disposition of weapons and dan-              that the applicant is a proper and law-abiding         who shall violate or shall neglect or refuse to
gerous instruments, appliances and sub-                 person, shall give said person a permit allowing       comply with this Article or any provisions thereof
stances.                                                him to carry such loaded firearm for such period       shall be guilty of a misdemeanor and, upon con-
    1. Any weapon, instrument, appliance or sub-        of time as he may deem proper. Any non-resi-           viction thereof, shall be punishable by a fine not
stance specified in article two hundred sixty-five,     dent who does business in the City of Albany           exceeding $1,000 or by imprisonment not ex-
when unlawfully possessed, manufactured,                and has occasion to carry a loaded pistol, re-         ceeding one year, or by both such fine and im-
transported or disposed of, or when utilized in         volver or firearm while in said city must make         prisonment, and each day of violation shall
the commission of an offense, is hereby de-             application for permission to do so, to the Com-       constitute a separate offense and be subject to
clared a nuisance. When the same shall come             missioner of Police, in the same manner as is          punishment as such.
into the possession of any police officer or            required of residents of said city and shall be
peace officer, it shall be surrendered immediate-       subject to the same conditions and restrictions.                     Article III. Firearms
ly to the official mentioned in paragraph (f) of
subdivision one of section 265.20, except that               Article II. Firearms and Ammunition                 193-13. Findings and declaration. The
such weapon, instrument, appliance or sub-                                                                     Common Council of the City of Albany finds and
stance coming into the possession of the state             193-6. Purpose. The Common Council here-            declares that the proliferation and use of assault
police shall be surrendered to the superinten-          by finds that the storage, possession and display      weapons pose and present a threat to the
dent of state police. …                                 of firearms and the storage, possession and dis-
                                                                                                                                                       Page 315
health, safety, welfare and security to the citi-      ufactured and sold by another company under a            premises owned and occupied by such agency
zens of Albany.                                        licensing agreement to manufacture or sell a             or organization. Such license shall not permit
   193-14. Scope and intent. As used herein,           weapon identical or nearly identical to any of the       use for any other purpose and shall not be trans-
"assault weapon" generally means a firearm of          listed weapons regardless of the company or              ferable.
such a nature and with such a high rate of fire        production or country of origin, provided that              B. Application for such license as herein-be-
and/or capacity for firepower that its function as     such weapon employs only ammunition of more              fore specified shall be made to the Chief of the
a legitimate sports or recreational firearm is sub-    than .22 caliber rimfire.                                Albany Police Department on forms prescribed
stantially outweighed by the danger that it can            C. "Assault weapon" does not include wea-            by him for that purpose. Every person so li-
be used to kill and injure human beings. While it      pons that do not use cartridges, manually oper-          censed shall have such license on his or her
is the intent, then, of this legislation to restrict   ated bolt-action weapons, lever-action weapons,          person when engaged in such activity and while
the use and possession of assault weapons, it is       slide-action weapons, single-shot weapons, mul-          transporting such weapon to or from such com-
not the intent of the Common Council to place          tiple-barrel weapons, revolving-cylinder wea-            petition or range.
restrictions on the use of those firearms which        pons except shotguns, semiautomatic weapons                 C. All such weapons shall be transported in a
are primarily designed and intended for hunting,       that use exclusively a rotary Mannlicher-style           case, together with a copy of the match pro-
target practice or other legitimate sports or rec-     magazine, any antique firearm as defined in Art-         gram, match schedule or match registration.
reational activities.                                  icle 265 of the Penal Law or any assault weapon          Where such person is transporting such weapon
   193-15. Assault weapons.                            which has been modified either to render it per-         to or from a range, it shall be transported in a
   A. As used herein, "assault weapon" includes        manently inoperable or permanently make it a             case. Magazines and ammunition for such wea-
any of the following or their copies:                  device no longer defined as an assault weapon.           pon shall be carried and transported in a locked
   (1) Pistols:                                            193-16. Prohibition; penalty; registration of        container separate from the weapon.
   Bushmaster Firearms Company auto pistol             existing weapons.                                           D. A licensed gun dealer, as defined in the
   Calico Model 100-P auto pistol                          A. Any person, firm or corporation who or            Penal Law of the State of New York, who law-
   Federal Engineering Corporation XP 450, XP          which shall, on or after the effective date of this      fully possessed an assault weapon prior to the
900                                                    Article, manufacture, import, keep, offer or ex-         effective date of this legislation or who gains
   Holmes Firearms MP-83, MP-22 assault                pose for sale, give, lend or possess any assault         possession thereof pursuant to this legislation
pistols                                                weapon in the City of Albany, except as pro-             may transport the weapon between dealers or
   Intratec Tec-9 Auto, Tec-9M, Scorpion auto          vided for herein, shall be guilty of a misdemean-        out of the city, display it at any gun show li-
pistols                                                or and, upon conviction, shall be subject to a           censed by a state or local governmental entity or
   Israeli Military Industries UZI pistol              fine not exceeding one thousand dollars                  sell it to a person licensed under this section.
   Iver Johnson Enforcer Model 300 auto                ($1,000) and/or to imprisonment not exceeding            Any transporting allowed herein shall be accom-
   Ingram or S.W.D. MAC 10, MAC 11                     one (1) year.                                            plished as required in Subsection C.
   Spectre double-action auto pistol                       B. Any individual who lawfully acquired and             193-18. Applicability to police and military
   Ruger Mini 14                                       possessed an assault weapon, as defined here-            forces. The provisions of this Article shall not
   (2) Rifles and shotguns by manufacturers in         in, prior to the effective date of this Article shall    apply to the sale to, purchase by or the use or
the United States:                                     register the firearm with the Chief of the Albany        possession of firearms by the Police Depart-
   Auto-Ordinance Corporation Thompson M1,             Police Department pursuant to the provisions of          ment, Sheriff's office, Marshal's office, correc-
Mix, 27 A-1                                            § 193-17 herein. The registration shall be made          tions officers and the like or the military forces of
   Thompson A-1 Thompson Deluxe, 1927 A5               within ninety (90) days of the effective date here-      this state while engaged in the discharge of their
   Colt AR-15A2-Delta H-Bar, AR-15A2 H-Bar             of and shall contain a description of the firearm        official duties or as otherwise permitted by
   Federal Engineering Corporation XC-900, XC-         that identifies it uniquely, including all identifica-   regulation or law.
450 auto carbines                                      tion marks and the full name, address, date of
   Springfield Armory Inc. BM-59, SAR-48               birth and fingerprints of the owner, together with       [Code of the City of Albany current as of
   S.W.D. Street Sweeper shotgun                       such other information as the Chief of Police            February. 1, 2008]
   Weaver Arms Corporation nighthawk                   may deem appropriate. Any change of address
   (3) Rifles and shotguns by manufacturers            of the owner must be registered with the Depart-
outside the United States:                             ment within ninety (90) days of the change. The                     Code of the City of Buffalo
   Avtomat Kalashnikovs manufactured or                Department may charge a fee for registration not
imported by American Arms, Bushmaster Fire-            to exceed the actual processing costs of the De-           Chapter 180. Firearms, Arrows and Other
arms, Daewoo, Mitchell, Norinco and Poly               partment. Such registration shall allow the pos-                           Weapons
Technologies                                           session of the firearm on the registrant's prop-               Article I. Firearms and Arrows
   Beretta AR-70 Sporter rifle                         erty or for the uses specified in § 193-17.
   Fabrique National FN, FNC rifle                         C. On and after the date fixed herein for the           180-1. Firearms, shotguns, rifles and other
   Franchi LAW 12 auto, SPAS 12 pump/auto              registration of assault weapons, no such wea-            dangerous weapons.
shotguns                                               pon possessed pursuant hereto shall be sold or              A. Purpose and intent. The City of Buffalo
   Heckler and Koch HK 91, 93, 94 rifles               transferred to anyone within the City of Albany          finds that violent crime is a serious problem in
   Israeli Military Industries Galil Rifles, UZI       other than at a licensed gun dealer as defined in        the city and firearms and other dangerous wea-
carbines                                               the Penal Law. Any individual who obtains title          pons are frequently used in the commission of
   Steyr Daimler-Pusch A.U.G. autoloading rifle        to an assault weapon registered under this sec-          crimes, particularly homicides and assaults. The
   Striker 12 shotgun                                  tion by bequest or intestate succession must,            possession of such weapons also often leads to
   Valmet M-76 standard rifle, M78 semi-auto           within ninety (90) days, either render the wea-          accidental deaths and injuries. The possession
   (4) Any other weapon to be subsequently             pon inoperable in accordance with § 193-15,              and use of assault weapons and ammunition-
designated by law.                                     apply for a license pursuant to § 193-17 herein,         feeding devices for criminal purposes is increas-
   B. A copy of any of the weapons listed in Sub-      sell the weapon to a licensed gun dealer or              ing and poses a serious danger to public safety.
section A(1), (2) and (3) of this section shall in-    remove the weapon from the city.                         The use of weapons by persons under the influ-
clude any other model by the same manufactur-              193-17. Possession for competitive use;              ence of drugs and/or alcohol can readily lead to
er with the same action design having slight           licensing and transportation.                            serious injury or death. The possession of wea-
modifications or enhancements, provided that               A. A license for an assault weapon may be is-        pons in public facilities and places also poses a
such weapon as modified or enhanced employs            sued as provided in Subsection B to possess              serious danger to public safety. The possession
only ammunition of more than .22 caliber rimfire;      such weapon for the purpose of loading and fir-          of toy or imitation weapons which substantially
any weapon with an action design identical or          ing the same while participating as a competitor         duplicate actual weapons poses a danger to the
nearly identical to any of the listed weapons          in organized competitive matches or league               person possessing the weapon and to others. In
which has been designed from, renamed, re-             competition under the auspices of or approval by         order to promote and protect the health, safety
numbered or patterned after any of the listed          a law enforcement agency or a nationally or              and welfare of the public, the City of Buffalo
weapons regardless of the manufacturer or              state recognized organization that fosters profici-      finds it necessary to place restrictions upon the
country of origin, provided that such weapon           ency in or promotes education about firearms or          possession and use of such weapons. The re-
employs only ammunition of more than .22 cali-         to possess such weapon for the purpose of load-          strictions imposed by this section are intended to
ber rimfire; or any weapon which has been man-         ing and firing the same at a range located on            be in addition to restrictions found in state law
                                                                                                                                                         Page 316
and are not intended to conflict with state law             Drug - Any substance listed in § 3306 of the      sive in a fixed shotgun shell to fire through a
provisions.                                             Public Health Law of the State of New York.           smooth bore either a number of ball shot or a
    B. Definitions. As used in this section, the            Dwelling - One or more rooms, in a building       single projectile for each single pull of the trig-
following terms shall have the meanings indi-           or portion thereof designed or used exclusively       ger.
cated:                                                  as the residence or sleeping place of one or              C. No person shall possess a loaded or un-
    Ammunition - Explosives suitable to be fired        more persons, designed for occupancy by one           loaded firearm, rifle, shotgun or air gun, or a
from a firearm, machine gun, pistol, revolver,          family for cooking, living and sleeping purposes,     dagger, dangerous knife, dirk, razor or stiletto, in
rifle, shotgun, assault weapon or other danger-         as defined in Chapter 511, Zoning, of this Code.      a public place or public facility in the city. This
ous weapon.                                                 Firearm - Any pistol or revolver, or a shotgun    prohibition shall not apply to:
    Ammunition-Feeding Device - Magazines,              having one or more barrels less than 18 inches            (1) A police officer or peace officer authorized
belts, feedstrips, drums or clips capable of being      in length or any weapon made from a shotgun           to possess the same.
attached to or utilized with any centerfire rifle,      (whether by alteration, modification or otherwise)        (2) A government employee or licensed se-
shotgun or pistol which employs the force of the        if such weapon, as modified, has an overall           curity guard authorized or required by employ-
expanding gases from a discharging cartridge to         length of less than 26 inches; or a rifle having      ment or office to possess the same while acting
chamber a fresh round after each single pull of         one or more barrels less than 16 inches in            within the scope of such employment.
the trigger which, in the case of a rifle or shot-      length or any weapon made from a rifle (whether           (3) A person in the military service of the
gun, holds in excess of five cartridges, or in the      by alteration, modification or otherwise) if such     State of New York or the United States when
case of a pistol holds in excess of 17 cartridges.      weapon, as modified, has an overall length of         duly authorized to possess the same.
    Assault Weapon:                                     less than 26 inches. For purposes of this defini-         (4) A person transporting a rifle or shotgun in
    (1) Any centerfire rifle or shotgun which em-       tion, the length of a barrel on a shotgun or rifle    a motor vehicle in the city in accordance with the
ploys the force of the expanding gases from a           shall be determined by measuring the distance         provisions of § 11-0931, Subdivision 2, of the
discharging cartridge to chamber a fresh round          between the muzzle and the face of the bolt,          New York State Environmental Conservation
after each single pull of the trigger, and which is     breech or breechlock when closed and when the         Law, or otherwise transporting an unloaded rifle,
loaded or capable of being loaded with a com-           shotgun or rifle is cocked; the overall length of a   shotgun or air gun in the city, provided that the
bination of more than six cartridges in the am-         weapon made from a shotgun or rifle is the dis-       same is completely enclosed or contained in a
munition-feeding device and chamber combined.           tance between the extreme ends of the weapon          nontransparent carrying case and either:
For the purposes of this section, a weapon is           meas-ured along a line parallel to the center line        (a) Said carrying case is locked; or
capable of being loaded if it is possessed by one       of the bore. Such definition, except as otherwise         (b) A locking device is attached to the weapon
who, at the same time, possesses:                       indicated, shall include both loaded and un-          and locked in a manner so as to prevent the
    (a) In the case of a rifle, a fixed or detachable   loaded firearms, except that it shall not include     weapon from being fired.
ammunition feeding device which is attached to          any antique firearm as defined in federal or New          (5) An authorized person who, for the purpose
or utilized with or capable of being attached to or     York State law or any curio or relic as defined       of shooting practice, possesses a weapon at an
utilized with such rifle and which has a capacity       under United States law which is possessed by         established target range in a public place other
of more than five cartridges; or                        a licensed collector in accordance with United        than a park or public facility.
    (b) In the case of a shotgun, an ammunition-        States law.                                               (6) A person voluntarily surrendering the
feeding device which is attached to or utilized             Locking Device - A design adaptation or at-       same in accordance with the provisions of Sec-
with or capable of being attached to or utilized        tachable accessory that will prevent the use of       tion 265.20 of the Penal law.
with such shotgun and which has a capacity of           the firearm, rifle or shotgun by an unauthorized          (7) Possession of a firearm by a person li-
more than five cartridges.                              user, and includes but is not limited to a trigger    censed to carry a firearm pursuant to § 400.00
    (2) A center-fire rifle or shotgun which em-        lock, which prevents the pulling of the trigger       of the Penal Law or possession or transportation
ploys the force of expanding gases from a dis-          without the use of a key, or a combination            by a gunsmith or dealer in firearms in accord-
charging cartridge to chamber a fresh round af-         handle, which prevents the use of the firearm,        ance with a license issued by the State of New
ter each single pull of the trigger, and which has:     rifle or shotgun without the alignment of the         York or the United States, except that this sub-
    (a) A flash suppressor attached to the weapon       combination tumblers.                                 section shall not apply in a park or a public
reducing muzzle flash;                                      Possess - Have physical possession or oth-        facility other than a parking garage.
    (b) A grenade launcher;                             erwise to exercise dominion or control over. The          D. No person shall store a firearm, rifle, shot-
    (c) A sighting device making a target visible at    presence in an automobile of any firearm, rifle or    gun or air gun in a dwelling in the city unless
night;                                                  shotgun which is openly visible is presumptive        said firearm, rifle, shotgun or air gun is com-
    (d) A barrel jacket surrounding all or a portion    evidence of its possession by all persons occu-       pletely enclosed or contained in a nontranspar-
of the barrel, to dissipate heat therefrom; or          pying such automobile at the time such firearm,       ent locked carrying case or in a locked gun rack,
    (e) A multi-burst trigger activator.                rifle or shotgun is found, except if such firearm,    cabinet, closet or safe, or a locking device is at-
    (3) Any stockless pistol grip shotgun.              rifle or shotgun is found in a vehicle for hire.      tached to the weapon and locked in a manner so
    (4) For purposes of this section, the term "as-         Public Place - Any street, including the side-    as to prevent the weapon from being fired. This
sault weapon" shall not include any of the fol-         walk portion thereof, park, playground, recrea-       requirement shall not apply to a rifle, shotgun or
lowing:                                                 tion area, cemetery or lot owned, leased, oper-       licensed firearm carried on the body of the own-
    (a) Any weapon which has been modified to           ated or controlled by or on behalf of any govern-     er or within such close proximity of the owner
render it permanently inoperable or permanently         ment, municipality or public authority or corpora-    that the owner can retrieve it as quickly and
make it a device no longer defined as an "as-           tion within the boundaries of the city, which is      easily as if it were carried on the owner's body.
sault" weapon.                                          generally accessible to the public, except                E. No person shall dispose of any firearm,
    (b) Weapons that do not use cartridges or           grounds used for educational purposes.                rifle, shotgun, air gun or ammunition in the city.
shells.                                                     Public Facility - Any building or facility        This prohibition shall not apply to:
    (c) Manually operated bolt-action weapons,          owned, leased, operated or controlled by or on            (1) A gunsmith or dealer in firearms duly li-
lever-action weapons, slide-action weapons or           behalf of any government, municipality or public      censed by the State of New York or the United
single-shot weapons.                                    authority or corporation within the boundaries of     States.
    (d) Multiple-barrel weapons, revolving-cylin-       the city, except buildings or facilities used for         (2) A person disposing of the same to a gun-
der weapons except shotguns, weapons that               educational purposes.                                 smith or dealer in firearms duly licensed by the
use exclusively a rotary Mannlicher-style maga-             Rifle - A weapon designed or redesigned,          State of New York or the United States.
zine.                                                   made or remade and intended to be fired from              (3) A person voluntarily surrendering the
    (e) Any antique firearm as defined in § 265.00      the shoulder and designed or redesigned and           same in accordance with the provisions of §
of the New York State Penal Law or any curio or         made or remade to use the energy of the explo-        265.20 of the Penal Law.
relic as defined under United States law which is       sive in a fixed metallic cartridge to fire only a         (4) A person disposing of a licensed firearm in
possessed by a licensed collector in accordance         single projectile through a rifled bore for each      accordance with law.
with United States law.                                 single pull of the trigger.                               (5) Disposition by intestate or testamentary
    Dispose Of - To dispose of, give away, give,            Shotgun - A weapon designed or redesigned,        bequest.
lease, loan, keep for sale, offer, offer for sale,      made or remade and intended to be fired from              (6) A person disposing of a rifle, shotgun, air
sell, transfer or otherwise dispose of.                 the shoulder and designed or redesigned and           gun or ammunition to a family member.
                                                        made or remade to use the energy of the explo-
                                                                                                                                                       Page 317
    F. No person shall possess an assault wea-          and permits shall expire on the first day of the       toy-pistol or pistol that can be loaded with pow-
pon or an ammunition-feeding device in the city.        second January after the date of issuance.             der and ball or blank cartridge to be exploded by
This prohibition shall not apply to:                       2. Every license to carry or possess a pistol or    means of metal caps; but nothing herein con-
    (1) A police officer or peace officer authorized    revolver in the city may be issued for a term of       tained shall apply to the sale or disposal of what
to possess the same.                                    no less than one or more than three years.             are known as firecracker pistols, torpedo pistols
    (2) A person in the military service of the         Every applicant for a license to carry or possess      or such pistols as are used for the explosion of
State of New York or the United States when             a pistol or revolver in the city shall pay therefor,   paper caps.
duly authorized to possess the same.                    a fee of three hundred forty dollars for each orig-        e. Tear gas; sale or possession of; fees for
    (3) A person voluntarily surrendering the           inal or renewal application for a three year li-       permits. …
same in accordance with the provisions of §             cense period or part thereof, a fee often dollars          f. Violations. Except as is otherwise specific-
265.20 of the Penal law.                                for each replacement application of a lost li-         ally provided in this section, any person who
    (4) A gunsmith or dealer in firearms duly li-       cense.                                                 shall willfully violate any of the provisions of this
censed by the State of New York or the United              3. Every applicant to whom a license has            section shall, upon conviction, be punishable by
States for weapons to be used by police officers        been issued by any person other than the police        a fine of not more than fifty dollars, or by impris-
or persons in the military service or for delivery      commissioner, except as provided in paragraph          onment not exceeding thirty days, or by both
outside of the city.                                    five of this subdivision, for a special permit from    such fine and imprisonment.
    G. No person shall dispose of an assault wea-       the commissioner granting it validity within the           g.1. It shall be unlawful for any person to sell
pon or ammunition-feeding device in the city.           city of New York, shall pay for such permit a fee      or offer for sell, possess or use or attempt to use
This prohibition shall not apply to:                    of three hundred forty dollars, for each renewal a     or give away, any toy or imitation firearm which
    (1) A person voluntarily surrendering the           fee of three hundred forty dollars, for each           substantially duplicates or can reasonably be
same in accordance with the provisions of §             replacement of a lost permit a fee of ten dollars.     perceived to be an actual firearm unless:
265.20 of the Penal Law.                                   4. Fees paid as provided herein shall not be            (a) the entire exterior surface of such toy or
    (2) A gunsmith or dealer in firearms duly li-       refunded in the event that an original or renewal      imitation firearm is colored white, bright red,
censed by the State of New York or the United           application, or a special validation permit appli-     bright orange, bright yellow, bright green, bright
States for weapons to be used by police offices         cation, is denied by the police commissioner.          blue, bright pink or bright purple, either singly or
or persons in the military service or for delivery         5. A fee shall not be charged or collected for a    as the predominant color in combination with
outside of the city.                                    license to have and carry concealed a pistol or        other colors in any pattern; or
    H. No person shall carry a firearm, shotgun,        revolver which shall be issued upon the applica-           (b) such toy or imitation firearm is constructed
rifle or air gun in the city while such person has      tion of the commissioner of correction or the          entirely of transparent or translucent materials
1/10 of 1% or more by weight of alcohol in the          warden or superintendent of any prison, peniten-       which permits unmistakable observation of the
person's blood as shown by chemical analysis of         tiary, workhouse or other institution for the de-      imitation or toy firearm's complete contents; and
the person's blood, breath, urine or saliva.            tention of persons convicted or accused of crime           (c ) the barrel of such toy or imitation firearm,
    I. No person shall carry a firearm, shotgun,        or offense, or held as witnesses in criminal           other than the barrel of any such toy or imitation
rifle or air gun in the city while in an intoxicated    cases in the city.                                     firearm that is a water gun, is closed with the
condition.                                                 6. The fees prescribed by this subdivision          same material of which the toy or imitation fire-
    J. No person shall carry a firearm, shotgun,        shall be collected by the police commissioner. …       arm is made for a distance of not less than one-
rifle or air gun in the city while the person's abil-      b. Air pistols and air rifles; selling or pos-      half inch from the front end of said barrel, and;
ity to safely carry such weapon is impaired by          sessing.                                                   (d) such toy or imitation firearm has legibly
the use of a drug.                                         1. It shall be unlawful for any person to sell,     stamped thereon, the name of the manufacturer
     K. Any person who carries a firearm, shot-         offer to sell or have in such person's possession      or some trade name, mark or brand by which the
gun, rifle or air gun in the city shall be deemed to    any air pistol or air rifle or similar instrument in   manufacturer can be readily identified; and
have given consent to a breath test and a chem-         which the propelling force is a spring or air, ex-         (e) such toy or imitation or firearm does not
ical test of the person's breath, blood, urine or       cept that the sale of such instruments if accom-       have attached thereto a laser pointer, as defined
saliva for the purpose of determining the alco-         panied by delivery to a point without the city, and    in paragraph one of subdivision a of section 10-
holic or drug content of the person's blood, pro-       possession for such purpose, shall not be un-          134.2 of this code.
vided that any test is administered at the direc-       lawful if such person shall have secured an an-            2. Paragraph one of this subdivision shall not
tion of a police officer having reasonable              nual license from the police commissioner of the       apply to:
grounds therefor. ...                                   city authorizing such sale and possession. The             (a) the possession or display of toy or imita-
    L. Discharge of weapons; permits. ...               sale and delivery of such instruments within the       tion firearms by a manufacturer or dealer solely
    M. Penalties for offenses. A violation of any       city from one licensee to another licensee, and        for purposes of sales that are accompanied by
provision of this section shall be punishable by a      the use of such instruments in connection with         delivery to a point without the city;
fine not to exceed $1,500 or by imprisonment            an amusement licensed by the department of                 (b) any toy or imitation firearm that will be
not to exceed 15 days, or by both such fine and         consumer affairs or at rifle or pistol ranges duly     used only for or in the production of television
imprisonment. ...                                       authorized by law shall not be considered a            programs or theatrical or motion picture present-
    180-2. Carrying loaded shotgun or rifle; ex-        violation of this subdivision.                         ations, provided, however, that such use of any
ceptions. Nothing herein contained shall be                2. All persons dealing in such instruments re-      toy or imitation firearm complies with all applic-
construed to prohibit the possession, custody or        ferred to in this subdivision, shall keep a record     able laws, rules or regulations concerning re-
use of said shotgun or rifle for the lawful purpose     showing the name and address of each person            quest and receipt of waivers authorizing such
of self-defense or the defense of others.               purchasing such instrument or instruments, to-         use;
                                                        gether with place of delivery and said record              (c) non-firing collector replica antique fire-
[Code of the City of Buffalo current as of              shall be open to inspection during regular busi-       arms, which look authentic and may be a scale
Dec. 30, 2007]                                          ness hours by the officers of the police depart-       model but are not intended as toys modeled on
                                                        ment of the city.                                      real firearms designed, manufactured and pro-
                                                           3. Every person to whom a license shall be          duced prior to 1898;
          Administrative Code of the                    granted to sell, possess and deliver the instru-           (d) decorative, ornamental, and miniature ob-
              City of New York                          ments described in this subdivision shall pay          jects having the appearance, shape and/or con-
                                                        therefor an annual fee of ten dollars.                 figuration of a firearm, including those intended
             Title 10. Public Safety                       c. Discharge of small-arms. It shall be un-         to be displayed on a desk or worn on items such
            Chapter 1. Public Safety                    lawful for any person to fire or discharge any         as bracelets, necklaces and key chains, pro-
                                                        gun, pistol, rifle, fowling-piece or other firearms    vided that the objects measure no more than
   10-131 Firearms.                                     in the city; provided that the provisions hereof       thirty-eight (38) millimeters in height by seventy
   a. Pistols or revolvers, keeping or carry-           shall not apply to premises designated by the          (70) millimeters in length, the length measure-
ing.                                                    police commissioner, a list of which shall be filed    ment excluding any gun stock length measure-
   1. The police commissioner shall grant and is-       with the city clerk and published in the City          ment.
sue licenses hereunder pursuant to the provi-           Record.                                                    3. Authorized agents and employees of the
sions of article four hundred of the penal law.            d. Sale of toy-pistols. It shall be unlawful for    department of consumer affairs, and of any oth-
Unless they indicate otherwise, such licenses           any person to sell or dispose of to a minor any        er agency designated by the mayor, shall have
                                                                                                                                                         Page 318
the authority to enforce the provisions of this        suitable for use in such rifle and a dealer in fire-   provided that the person transporting such am-
subdivision. A proceeding to recover any civil         arms or dealer in rifles and shotguns may dis-         munition or ammunition feeding devices, where
penalty pursuant to this subdivision shall be          pose of such ammunition to such person pursu-          he or she knows or has reasonable means of
commenced by service of a notice of hearing            ant to section 10-306.                                 ascertaining what he or she is transporting,
that shall be returnable to the administrative tri-       6. It shall be unlawful for any person to pos-      notifies, in writing, the police commissioner of
bunal of the department of consumer affairs.           sess any ammunition feeding device designed            the name and address of the consignee and the
The administrative tribunal of such department         for use in a firearm except as provided in sub-        place of delivery, and withholds delivery to the
shall have the power to impose civil penalties for     paragraphs (a), (b), (c), (d) and (e) of this para-    consignee for such reasonable period of time
a violation of this subdivision of not more than       graph.                                                 designated in writing by the police commissioner
one thousand dollars ($1000).                             (a) Any pistol or revolver licensee or permittee    as the police commissioner may deem neces-
    4. Any person who shall violate this subdivi-      may possess an ammunition feeding device de-           sary for investigation as to whether the consign-
sion shall be guilty of a misdemeanor, punish-         signed for use in the pistol or revolver such li-      ee may lawfully receive and possess such am-
able by a fine of not more than one thousand           censee or permittee is authorized to possess,          munition or ammunition feeding devices.
dollars ($1000) or imprisonment not exceeding          provided that such ammunition feeding device is           10. The regular and ordinary transport of am-
one (1) year or both.                                  not capable of holding more than seventeen             munition or ammunition feeding devices by a
    h. Rifles and shotguns; carrying or pos-           rounds of ammunition and provided further that         manufacturer of ammunition or ammunition
sessing.                                               such ammunition feeding device does not ex-            feeding devices, or by an agent or employee of
    1. It shall be unlawful for any person to carry    tend below the grip of the pistol or revolver.         such manufacturer who is duly authorized in
or possess a loaded rifle or shotgun in public            (b) Any person who is exempt pursuant to            writing by such manufacturer to transport ammu-
within the city limits. Any person who shall vio-      section 265.20 of the penal law from provisions        nition or ammunition feeding devices on the date
late this paragraph shall be guilty of a misde-        of the penal law relating to possession of a fire-     or dates specified, directly between places
meanor punishable by a fine of not more than           arm and who is authorized pursuant to any pro-         where the manufacturer regularly conducts busi-
one thousand dollars, or imprisonment not ex-          vision of law to possess a firearm without a li-       ness, provided such ammunition or ammunition
ceeding one year, or by both such fine and             cense or permit therefor, may possess an am-           feeding devices are transported in a locked
imprisonment.                                          munition feeding device suitable for use in such       opaque container, shall not be limited by this
    2. It shall be unlawful for any person to carry    firearm, subject to the same conditions as apply       subdivision, provided that transportation of such
or possess an unloaded rifle or shotgun in public      with respect to such person's possession of            ammunition or ammunition feeding devices into,
within the city limits unless such rifle or shotgun    such firearm.                                          out of or within the city of New York may be
is completely enclosed, or contained, in a non-           (c) Any dealer in firearms may possess such         done only with the consent of the police commis-
transparent carrying case. Any person who shall        ammunition feeding devices for the purpose of          sioner of the city of New York. To obtain such
violate this paragraph shall be guilty of an of-       disposition authorized pursuant to paragraph           consent, the manufacturer must notify the police
fense punishable by a fine of not more than fifty      seven of this subdivision.                             commissioner in writing of the name and ad-
dollars or by imprisonment not exceeding thirty           (d) Any person who leases a firearm that has        dress of the transporting manufacturer, or agent
days, or by both such fine and imprisonment.           been certified by the commissioner as deactiv-         or employee of the manufacturer who is author-
    3. The above provisions shall not apply to per-    ated, from a dealer in firearms or a special theat-    ized in writing by such manufacturer to transport
sons in the military service of the state of New       rical dealer, for use during the course of any tel-    ammunition or ammunition feeding devices, the
York when duly authorized by regulations issued        evision, movie, stage or other similar theatrical      quantity, caliber and type of ammunition or am-
by the chief of staff to the governor to possess       production, or any professional photographer           munition feeding devices to be transported and
same, police officers and peace officers as de-        who leases a firearm that has been certified by        the place where the manufacturer regularly con-
fined in the criminal procedure law, or to partici-    the commissioner as deactivated, from a dealer         ducts business within the city of New York and
pants in special events when authorized by the         in firearms or a special theatrical dealer, for use    such other information as the commissioner may
police commissioner.                                   in the pursuance of his or her profession, may         deem necessary. The manufacturer shall not
    i.1. It shall be unlawful for any person, except   possess an ammunition feeding device suitable          transport such ammunition or ammunition feed-
as otherwise authorized pursuant to law, to dis-       for use in such firearm, subject to the same con-      ing devices between the designated places of
pose of any ammunition or any ammunition               ditions as apply with respect to such person's         business for such reasonable period of time des-
feeding devise, as defined in section 10-301, de-      possession of such firearm.                            ignated in writing by the police commissioner as
signed for use in a firearm, rifle or shotgun, un-        (e) Any special theatrical dealer may possess       such official may deem necessary for investiga-
less he or she is a dealer in firearms or a dealer     such ammunition feeding devices exclusively for        tion and to give consent. The police commis-
in rifles and shotguns and such disposition is in      the purpose of leasing such ammunition feeding         sioner may not unreasonably withhold his or her
accordance with law, provided that a person in         devices to such persons as are described in            consent. For the purposes of this paragraph,
lawful possession of such ammunition or ammu-          subparagraph (d) of this paragraph.                    places where the manufacturer regularly con-
nition feeding device may dispose of such am-             7. It shall be unlawful for any person to dis-      ducts business include, but are not limited to,
munition or ammunition feeding device to a deal-       pose of to another person any ammunition feed-         places where the manufacturer regularly or cus-
er in firearms who is authorized, or a dealer in       ing device designed for use in a firearm, pro-         tomarily conducts development or design of am-
rifles and shotguns who is authorized, to pos-         vided that a dealer in firearms may dispose of, to     munition or ammunition feeding devices, or reg-
sess such ammunition or ammunition feeding             such persons as are described in subpara-              ularly or customarily conducts tests on ammuni-
device.                                                graphs (a) and (b) of paragraph six of this subdi-     tion or ammunition feeding devices.
    2. It shall be unlawful for any dealer in fire-    vision, such ammunition feeding devices as may            11. A person shall be deemed authorized to
arms or dealer in rifles and shotguns to dispose       be possessed by such persons and provided              possess a pistol or revolver within the city of
of any pistol or revolver ammunition of a partic-      further that a person in lawful possession of          New York if such person is authorized to pos-
ular caliber to any person not authorized to pos-      such ammunition feeding devices may dispose            sess a pistol or revolver within the city of New
sess a pistol or revolver of such caliber within       of such ammunition feeding devices to a dealer         York pursuant to this section, section 10-302 or
the city of New York.                                  in firearms. In addition, a dealer in firearms or a    section 400.00 of the penal law, or is exempt
    3. It shall be unlawful for any person not         special theatrical dealer may lease, to such per-      pursuant to section 265.20 of the penal law from
authorized to possess a pistol or revolver within      sons as are described in subparagraph (d) of           provisions of the penal law relating to posses-
the city of New York to possess pistol or revolver     paragraph six of this subdivision, such ammuni-        sion of a firearm and is authorized pursuant to
ammunition, provided that a dealer in rifles and       tion feeding devices as may be possessed by            any provision of law to possess a pistol or re-
shotguns may possess such ammunition.                  such persons.                                          volver within the city of New York without a li-
    4. It shall be unlawful for any person author-        8. Notwithstanding the provisions of para-          cense or permit therefor. A person shall be
ized to possess a pistol or revolver of a partic-      graphs six and seven of this subdivision any per-      deemed authorized to possess a rifle within the
ular caliber within the city of New York to pos-       son may, within ninety days of the effective date      city of New York if such person is authorized to
sess pistol or revolver ammunition of a different      of this local law, dispose of an ammunition feed-      possess a rifle within the city of New York pursu-
caliber.                                               ing device designed for use in a firearm to a          ant to section 10-303, or is a person permitted
    5. Notwithstanding the provisions of para-         dealer in firearms.                                    pursuant to section 10-305 to possess a rifle
graphs two, three and four of this subdivision,            9. The regular and ordinary transport of am-       without a permit therefor.
any person authorized to possess a rifle within        munition or ammunition feeding devices as mer-            12. No pistol or revolver ammunition or amm-
the city of New York may possess ammunition            chandise shall not be limited by this subdivision,     unition feeding device shall be disposed of to
                                                                                                                                                      Page 319
any person pursuant to this subdivision unless            10-135. Prohibition on sale and posses-                  3. "Shotgun." A weapon designed or rede-
such person exhibits the license or permit             sion of electronic stun guns.                           signed, made or remade, and intended to be
authorizing him or her to possess a pistol or             a. As used in this section, "electronic stun         fired from the shoulder, and even if not designed
revolver within the city of New York or exhibits       gun" shall mean any device designed primarily           or redesigned, made or remade, and intended to
proof that he or she is exempt pursuant to             as a weapon, the purpose of which is to stun,           be fired from shoulder, is not a firearm as defin-
section 265.20 of the penal law from provisions        render unconscious or paralyze a person by              ed in subdivision one of this section, and de-
of the penal law relat-ing to possession of a          passing an electronic shock to such person, but         signed or redesigned and made or remade to,
firearm and proof that he or she is authorized         shall not include an “electronic dart gun” as such      use the energy of the explosive in a fixed shot-
pursuant to any provision of law to possess a          term is defined in section 265.00 of the penal          gun shell, to fire through a smooth bore either a
pistol or revolver within the city of New York         law.                                                    number of ball shot or a single projectile for each
without a license or permit therefor.                     b. It shall be unlawful for any person to sell or    single pull of the trigger. The provisions of this
    13. A record shall be kept by the dealer of        offer for sale or to have in his or her possession      chapter relating to shotguns shall not apply to
each disposition of ammunition or ammunition           within the jurisdiction of the city any electronic      assault weapons except as specifically provided.
feeding devices under this subdivision which           stun gun.                                                   4. "Gunsmith." Any person, firm, partnership,
shall show the quantity, caliber and type of am-          c. Violation of this section shall be a class A      corporation, or company who engages in the
munition or ammunition feeding devices di-             misdemeanor.                                            business of repairing, altering, assembling, man-
sposed of, the name and address of the person             d. The provisions of this section prohibiting        ufacturing, cleaning, polishing, engraving, or
receiving same, the date and time of the trans-        the possession of electronic stun gun shall not         trueing, or who in the course of such business
action, and the number of the license or permit        apply to police officers as defined in the criminal     performs any mechanical operation on any rifle,
exhibited or description of the proof of status as     procedure law, who are operating under regular          shotgun, firearm, assault weapon or machine-
a person not required to have a license or permit      department procedure or operation guidelines            gun.
as required by paragraph twelve of this sub-           established by their department.                            5. "Dealer in firearms." Any person, firm,
division.                                                 e. The provisions of this section shall not ap-      partnership, corporation or company who en-
    14. Any person who shall violate this subdivi-     ply to manufacturers of electronic stun guns or         gages in the business of purchasing, selling,
sion shall be guilty of a misdemeanor punishable       importers and exporters or merchants of elec-           keeping for sale, loaning, leasing, or in any man-
by a fine of not more than one thousand dollars        tronic stun guns, when such guns are scheduled          ner disposing of any pistol or revolver or other
or by imprisonment not exceeding one year, or          to travel in the course of international, interstate,   firearms which may be concealed upon the per-
by both such fine and imprisonment.                    or intrastate commerce to a point outside the           son. Dealer in firearms shall not include a whole-
    15. Any person who shall violate this subdivi-     city. Such bulk shipments shall remain in their         sale dealer.
sion shall be liable for a civil penalty of not more   original shipping package, unopened, except for             6. "Dealer in rifles and shotguns." Any per-
than one thousand dollars, to be recovered in a        inspection and possible subdivision for further         son, firm, partnership, corporation or company
civil action brought by the corporation counsel in     movement in interstate or intrastate commerce           who engages in the business of purchasing, sell-
the name of the city in any court of competent         to a point outside the city.                            ing, keeping for sale, loaning, leasing, or in any
jurisdiction.                                                                                                  manner disposing of any rifle, or shotgun. Dealer
    16. The provisions of paragraph three, four                      Chapter 3. Firearms                       in rifles and shotguns shall not include a whole-
and six of this subdivision shall not apply to a                                                               sale dealer.
person voluntarily surrendering ammunition or              10-301. Control and regulation of the dis-              7. "Ammunition." Explosives suitable to be
ammunition feeding devices, provided that such         position, purchase and possession of fire-              fired from a firearm, machinegun, pistol, revolv-
surrender shall be made to the police commis-          arms, rifles, shotguns, and assault weapons.            er, rifle, shotgun, assault weapon or other dan-
sioner or the commissioner's designee; and pro-            Definitions. Whenever used in this chapter          gerous weapon.
vided, further, that the same shall be surren-         the following terms shall mean and include:                 8. "Dispose of." To dispose of, give away,
dered by such person only after he or she gives            1. "Firearm."                                       give, lease, loan, keep for sale, offer, offer for
notice in writing to the police commissioner or            (a) Any pistol or revolver;                         sale, sell, transfer and otherwise dispose of.
the commissioner's designee, stating his or her            (b) a shotgun having one or more barrels less           9. "Deface." To remove, deface, cover, alter,
name, address, the nature of the property to be        than eighteen inches in length; or                      or destroy the manufacturer’s serial number or
surrendered, and the approximate time of day               (c) a rifle having one or more barrels less than    any other distinguishing number or identification
and the place where such surrender shall take          sixteen inches in length;                               mark.
place. Such notice shall be acknowledged im-               (d) any weapon made from a shotgun or rifle             10. "Commissioner." The police commis-
mediately upon receipt thereof by such authority.      whether by alteration, modification, or otherwise       sioner of the city of New York, or the commis-
Nothing in this paragraph shall be construed as        if such weapon as altered, modified, or other-          sioner’s designee.
granting immunity from prosecution for any             wise has an overall length of less than twenty-             11. "Permit." The permit for purchase and
crime or offense except that of unlawful posses-       six inches. For the purpose of this subdivision         possession of rifles and shotguns issued by the
sion of such ammunition or ammunition feeding          the length of the barrel on a shotgun or rifle shall    commissioner.
devices surrendered as herein provided. A per-         be determined by measuring the distance be-                 12. "Certificate." The certificate of registra-
son who possesses any such ammunition or               tween the muzzle and the face of the bolt,              tion for possession of rifles and shotguns.
ammunition feeding devices as an executor or           breech, or breechlock when closed and when                  13. "Serious offense." A serious offense as
administrator or any other lawful possessor of         the shotgun or rifle is cocked; the overall length      defined in subdivision seventeen of section
such property of a decedent may continue to            of a weapon made from a shotgun or rifle is the         265.00 of the penal law.
possess such property for a period of not over         distance between the extreme ends of the weap-              14. "Business enterprise." Any proprietor-
fifteen days. If such property is not lawfully dis-    on measured along a line parallel to the center         ship, company, partnership, corporation, associ-
posed of within such period, the possessor shall       line of the bore. Firearm does not include an an-       ation, cooperative, nonprofit organization or oth-
deliver it to the police commissioner or the com-      tique firearm. The provisions of this chapter re-       er entity engaged or seeking to engage in the
missioner's designee or such property may be           lating to firearms shall not apply to assault           activities regulated pursuant to section 10-302 of
delivered to the superintendent of state police.       weapons except as specifically provided.                this chapter.
When such property is delivered to the police              2. "Rifle." A weapon designed or redesigned,            15. "Semiautomatic." Any firearm, rifle or
commissioner or the commissioner's designee,           made or remade, and intended to be fired from           shotgun that uses part of the energy of a fired
such officer shall hold it and shall thereafter de-    the shoulder, and, even if not designed or rede-        cartridge to expel the case of the fired cartridge
liver it on the written request of such executor,      signed, made or remade, and intended to be              and load another cartridge into the firing cham-
administrator or other lawful possessor of such        fired from the shoulder, is not a firearm as de-        ber, and which requires a separate pull of the
property to a named person, provided such              fined in subdivision one of this section, and de-       trigger to fire each cartridge.
named person is licensed to or is otherwise law-       signed or redesigned and made or remade to                  16. "Assault weapon."
fully permitted to possess the same. If no re-         use the energy of the explosive in a fixed metal-       (a) Any semi-automatic centerfire or rimfire rifle
quest to deliver the property is received within       lic cartridge to fire only a single projectile          or semi-automatic shotgun which has one or
two years of the delivery of such property to          through a rifled bore for each pull of the trigger.     more of the following features:
such official, he or she shall dispose of it in ac-    The provisions of this chapter relating to rifles           1. folding or telescoping stock or no stock;
cordance with the provisions of section 400.05         shall not apply to assault weapons except as                2. pistol grip that protrudes conspicuously be-
of the penal law.                                      specifically provided.                                  neath the action of the weapon;
                                                                                                                                                       Page 320
    3. bayonet mount;                                  for a license or renewal are true. No license            applicant is a business enterprise, its name,
    4. flash suppressor or threaded barrel de-         shall be issued or renewed except for any appli-         date and place of formation, and principal place
signed to accommodate a flash suppressor;              cant:                                                    of business shall be stated. For a partnership,
    5. barrel shroud;                                      (1) of good moral character;                         the application shall be signed and affirmed by
    6. grenade launcher; or                                (2) who has not been convicted anywhere of a         each partner, and for a corporation, by each offi-
    7. modifications of such features, or other fea-   felony or of any serious offense;                        cer thereof. With respect to an application for a
tures, determined by rule of the commissioner to           (3) who has stated whether he or she has ev-         license as a dealer in rifles and shotguns or as a
be particularly suitable for military and not sport-   er suffered any mental illness or been confined          special theatrical dealer, a written statement
ing purposes. In addition, the commissioner            to any hospital or institution, public or private, for   shall be submitted by the individual applicant, or
shall, by rule, designate specific semi-automatic      mental illness and who is free from any mental           in the case of a business enterprise a respon-
centerfire or rimfire rifles or semiautomatic shot-    disorder, defects or diseases that would impair          sible officer or agent thereof, stating (a) the iden-
guns, identified by make, model and/or manu-           the ability safely to possess or use a firearm,          tification number of the shotgun and rifle permit
facturer’s name, as within the definition of as-       rifle or shotgun;                                        issued to the individual applicant or the respons-
sault weapon, if the commissioner determines               (4) who has not been convicted of violating          ible officer or agent in the case of a business
that such weapons are particularly suitable for        section 10-303.1 of this chapter; and                    enterprise, (b) the address of a regular place of
military and not sporting purposes. The commis-            (5) concerning whom no good cause exists for         business maintained by the applicant, (c) that
sioner shall inspect such specific designated          the denial of a license.                                 since the issuance of the rifle and shotgun per-
semiautomatic centerfire or rimfire rifles or semi-        c. (1) An applicant to engage in such busi-          mit the individual applicant or responsible officer
automatic shotguns at least three times per            ness shall also be a citizen of the United States,       or agent has not become disqualified for issu-
year, and shall revise or update such designa-         more than twenty-one years of age and maintain           ance of such a permit, (d) that he or she under-
tions as he or she deems appropriate.                  a place of business in the city.                         takes to supervise the acts of his or her, or in the
    (b) Any shotgun with a revolving-cylinder              (2) Each applicant to engage in such business        case of a business enterprise, its employees, (e)
magazine.                                              shall comply with all the requirements set forth in      that the applicant has not previously been re-
    (c) Any part, or combination of parts, de-         this section. If the applicant is a partnership,         fused a license as a dealer in shotguns and
signed or redesigned or intended to readily con-       each partner thereof shall comply with all the re-       rifles or as a special theatrical dealer and that no
vert a rifle or shotgun into an assault weapon.        quirements set forth in this section and if the          such license issued to the applicant has ever
    (d) “Assault weapon” shall not include any         applicant is a corporation, each officer thereof         been revoked.
rifle or shotgun modified to render it permanently     shall so comply.                                             e. Before a license is issued or renewed,
inoperative.                                               (3) No applicant for a special theatrical deal-      there shall be an investigation of all statements
    17. "Ammunition feeding device." Maga-             er's license or renewal thereof shall be issued          required in the application by the police depart-
zines, belts, feedstrips, drums or clips capable of    such license or renewal unless the applicant             ment. For that purpose, the records of the de-
being attached to or utilized with firearms, rifles,   submits proof, in such form as the commissioner          partment of mental hygiene concerning previous
shotguns or assault weapons.                           may require, that at least ten percent of the            or present mental illness of the applicant shall
    18. "Antique firearm." Any unloaded muzzle         gross income earned by the applicant as a deal-          be available for inspection by the investigating
loading pistol or revolver with a matchlock, flint-    er in firearms, dealer in rifles and shotguns and,       officer of the police department. In order to as-
lock, percussion cap, or similar type of ignition      in the case of an application for renewal, special       certain any previous criminal record, the investi-
system, or a pistol or revolver which uses fixed       theatrical dealer, in the year preceding the appli-      gating officer shall take the fingerprints and
cartridges which are no longer available in the        cation for such license or renewal, was earned           physical descriptive data in quadruplicate of
ordinary channels of commercial trade.                 from the lease for theatrical purposes of such           each individual by whom the application is
    19. "Special theatrical dealer." Any person,       ammunition feeding devices, firearms, rifles,            signed. Two copies of such fingerprints shall be
firm, partnership, corporation or company who          shotguns or assault weapons as the applicant             taken on standard fingerprint cards eight inches
possesses assault weapons exclusively for the          was authorized to lease. No applicant for a              square, and one copy may be taken on a card
purpose of leasing such assault weapons to             special theatrical dealer's license or renewal           supplied for that purpose by the federal bureau
special theatrical permittees within the city and      thereof shall be issued such license or renewal          of investigation. When completed, one standard
for theatrical purposes outside the city.              unless the gross income earned by the applicant          card shall be promptly submitted to the division
   20. "Acquire." To gain possession of or title       as a dealer in firearms, dealer in rifles and shot-      of criminal justice services where it shall be ap-
to a weapon through purchase, gift, lease, loan,       guns and, in the case of an application for re-          propriately processed. A second standard card,
or otherwise.                                          newal, special theatrical dealer, in the year pre-       or the one supplied by the federal bureau of in-
    10-302. Licensing of gunsmiths, of whole-          ceding the application for such license or renew-        vestigation, as the case may be, shall be for-
sale manufacturers of firearms, of assemb-             al, exceeded fifty thousand dollars.                     warded to that bureau at Washington with a re-
lers of firearms, dealers in firearms, dealers             d. An application for a license or renewal           quest that the files of the bureau be searched
in rifles and shotguns, and special theatrical         thereof shall be made to the police commission-          and notification of the results of the search be
dealers.                                               er. An application shall include the full name,          made to the police department. The failure or re-
    a. It shall be unlawful for any person or busin-   date of birth, residence, present occupation of          fusal of the federal bureau of investigation to
ess enterprise to engage in the business of gun-       each person or individual signing the same,              make the fingerprint check provided for in this
smith, wholesale manufacturer of firearms, as-         whether he or she is a citizen of the United             section shall not constitute the sole basis for re-
sembler of firearms, dealer in firearms, dealer in     States, whether he or she complies with each             fusal to issue a license pursuant to the provi-
rifles and shotguns, or special theatrical dealer,     requirement for eligibility specified in subdivision     sions of this section. Of the remaining two fing-
unless such person, or business enterprise, has        b of this section and such other facts as may be         erprint cards, one shall be filed with the execu-
obtained a license to engage in such business in       required to show the good character, competen-           tive department, division of state police, Albany,
the manner prescribed in this section. No person       cy and integrity of each person or individual            within ten days after issuance of the license, and
shall engage in the business of dealer in rifles       signing the application. An application shall be         the other remain on file with the police depart-
and shotguns or special theatrical dealer unless       signed and affirmed by the applicant. Each indi-         ment. No such fingerprints may be inspected by
he or she has been issued a permit for the pos-        vidual signing an application shall submit one           any person other than a peace officer, when act-
session of shotguns and rifles pursuant to the         photograph of himself or herself and a duplicate         ing pursuant to his or her special duties, or a po-
provisions of this chapter. No person or busi-         for each required copy of the application. Such          lice officer except on order of a judge or justice
ness enterprise shall be eligible to apply for or to   photographs shall have been taken within thirty          of a court of record either upon notice to the li-
hold a license as a special theatrical dealer un-      days prior to filing the application. The photo-         censee or without notice, as the judge or justice
less such person or business enterprise (1) pos-       graphs submitted shall be two inches square,             may deem appropriate. Upon completion of the
sesses both a license as a dealer in firearms          and the application shall also state the previous        investigation, the police department shall report
and a license as a dealer in rifles and shotguns       occupation of each individual signing the same           the results to the commissioner without unnec-
and (2) has possessed such licenses and en-            and the location of the place of such business,          essary delay.
gaged in such business for at least one year.          or of the bureau, agency, subagency, office or               f. Applications shall indicate and licenses
    b. No license shall be issued or renewed pur-      branch office for which the license is sought, in-       shall be issued for a gunsmith, a wholesale
suant to this section except by the police com-        dicating the street and number and otherwise             manufacturer of firearms, an assembler of fire-
missioner, and then only after investigation and       giving such apt description as to point out rea-         arms, a dealer in firearms, a dealer in rifles and
finding that all statements in a proper application    sonably the location thereof. In such case, if the       shotguns or a special theatrical dealer.
                                                                                                                                                          Page 321
    g. The application for any license, if granted,       (3) The violation of such rules and regulations        f. Exceptions. The provisions of this section
shall be a public record. Such application shall      shall be triable by a judge of the criminal court of   shall not apply to the sale of firearms, rifles or
be kept on file in the office of the police commis-   the city of New York and punishable by not more        shotguns to (i) a police officer, as such term is
sioner and, within ten days after the issuance of     than thirty days imprisonment or by a fine of not      defined in section 1.20 of the criminal procedure
a license, a duplicate copy shall be filed in the     more than fifty dollars, or both.                      law, (ii) a federal law enforcement officer, as
executive department, division of state police,           p. The annual license fee for a license issued     such term is defined in section 2.15 of the
Albany.                                               pursuant to this section shall be twenty-five dol-     criminal procedure law, (iii) a public agency in
    h. No license shall be transferable to any oth-   lars for gunsmiths, wholesale manufacturers and        furtherance of official business, (iv) persons in
er person or premises. The license shall mention      assemblers of firearms, fifty dollars for dealers in   the military service of the state of New York,
and describe the premises for which it is issued      firearms, and one hundred fifty dollars for deal-      when duly authorized by regulations issued by
and shall be valid only for such premises.            ers in rifles and shotguns and special theatrical      the adjutant general to possess such weapons,
    i. A license issued pursuant to this section      dealers.                                               (v) persons in the military or other service of the
shall be prominently displayed on the licensed            q. Failure to obtain a license, by any person,     United States, in pursuit of official duty or when
premises. Failure of any person or business           firm, partnership, corporation or company, as re-      duly authorized by federal law, regulation or
enterprise to so exhibit or display such license      quired by the provisions of this section shall be      order to possess such weapons, (vi) persons
shall be presumptive evidence that the person or      punishable as a class A misdemeanor.                   employed in fulfilling defense contracts with the
business enterprise is not duly licensed.                 r. No dealer in rifles and shotguns may dis-       government of the United States or agencies
    j. Any license or renewal issued pursuant to      pose of a rifle or shotgun to any person unless        thereof when possession of such weapons is
this section shall expire on the first day of the     such person produces a valid rifle and shotgun         necessary        for    manufacture,        transport,
second January following the date of issuance.        permit, or proof of lawful authority as a police or    installation and testing under the requirements
Any application to renew a license that has not       peace officer, or is an exempt person as pro-          of such contract, (vii) peace officers as defined
previously expired, been revoked or cancelled         vided in this chapter.                                 in section 2.10 of the criminal procedure law,
shall thereby extend the term of the license until        s. Any suspension, denial or revocation of a       provided that such peace officers are authorized
disposition is made of the application by the         license may be appealed by the applicant or            pursuant to law or regulation of the state or city
police commissioner.                                  licensee pursuant to procedures established by         of New York to possess a firearm, rifle or
    k. The conviction of a licensee anywhere of a     the police commissioner for administrative re-         shotgun within the city of New York without a
felony or a serious offense shall operate as a        view.                                                  license or permit therefor, and are authorized by
revocation of the license. Written notice of such         10-302.1 [Effective July 17, 2005] Prevent-        their employer to possess such firearm, rifle or
revocation shall be forwarded to the executive        ing the diversion of rifles and shotguns to            shotgun, (viii) persons licensed as dealers,
division of state police in Albany.                   criminals.                                             manufacturers or importers of firearms pursuant
    l. The police commissioner, upon evidence of          a. No dealer in rifles and shotguns shall: (i)     to chapter 44 of title 18 of the United States
any disqualification set forth in subdivision b of    sell more than one rifle or shotgun to any individ-    Code, (ix) any motion picture, television or video
this section, may at any time suspend or revoke       ual as part of the same sales transaction; or (ii)     production company or entertainment or
and cancel a license issued pursuant to this sec-     sell a rifle or shotgun to any individual if the       theatrical company whose production involves
tion. Written notice of such suspension or revo-      dealer knows or should know that such individ-         the use of firearms, rifles or shotguns, provided
cation shall be forwarded to the executive de-        ual has purchased a firearm, rifle or shotgun          that such weapons shall be properly registered
partment, division of state police, Albany.           within the prior ninety days.                          and a special theatrical permit shall have been
    m. No license shall be issued pursuant to this        b. The provisions of this section shall not ap-    issued for such weapons pursuant to rules
section unless the applicant therefor possesses       ply to the sale of firearms, rifles or shotguns to a   established by the commissioner, (x) with
and exhibits all licenses required under any fed-     police officer, as such term is defined in section     respect to the sale of firearms only, persons
eral or state law.                                    1.20 of the criminal procedure law, or to a feder-     licensed by the commissioner as gun custodians
    n. Records.                                       al law enforcement officer, as such term is de-        or special gun custodians, as those terms are
    (1) Any person licensed under this section        fined in section 2.15 of the criminal procedure        used in title thirty-eight of the rules of the city of
shall keep an accurate book record of every           law, or to a public agency in furtherance of offici-   New York, and (xi) with respect to the sale of
transaction involving a firearm, machinegun,          al business.                                           rifles and shotguns only, organizations
rifle, shotgun or assault weapon. Such record             c. Before disposing of any firearm, rifle or       possessing        an    organization      registration
shall be kept in the manner prescribed and con-       shotgun to a person licensed by the                    certificate, as that term is used in title thirty-eight
tain the information required by the police com-      commissioner to possess firearms, rifles or            of the rules of the city of New York.
missioner.                                            shotguns, any dealer in firearms, dealer in rifles         g. Exempt transactions. The requirements of
    (2) The records required by this section shall    and shotguns or other person shall contact the         this section shall not apply to: (i) any transaction
be subject to inspection at all times by members      police department to ensure compliance with the        in which a person acquires a firearm, rifle or
of the police department. Such records shall be       requirements of this section.                          shotgun by operation of law, or because of the
maintained on the premises mentioned and de-              d. Any dealer in firearms, dealer in rifles and    death of another person for whom such person
scribed in the license, and preserved for record.     shotguns or other person who disposes of any           is an executor or administrator of an estate or a
In the event of suspension, cancellation or revo-     firearm, rifle or shotgun to a person licensed by      trustee of a trust created in a will, provided that
cation of a license, or discontinuance of busi-       an authority other than the commissioner to            within fifteen days such person surrenders such
ness by a licensee, such record shall be imme-        possess firearms, rifles or shotguns shall make        firearm, rifle or shotgun to the commissioner
diately surrendered to the police commissioner.       reasonable efforts to contact such licensing           until it can be reacquired without violation of this
    o. Rules and regulations.                         authority and to ascertain the most recent date        section or other applicable law. If a firearm, rifle
    (1) The police commissioner may make and          of acquisition by such licensee of a firearm, in       or shotgun is surrendered pursuant to this
promulgate such rules and regulations regarding       the case of disposition of a firearm, or of a rifle    subdivision but no written request to reacquire it
the issuance and renewal of such licenses and         or shotgun, in the case of disposition of a rifle or   is received by the commissioner within two
prescribe such forms as are necessary to carry        shotgun.                                               years of such surrender, the commissioner shall
out the provisions of this section.                       e. Any dealer in firearms or dealer in rifles or   dispose of such firearm in accordance with the
    (2) Such rules and regulations shall prescribe    shotguns who disposes of any firearm, rifle or         provisions of section 400.05 of the penal law;
reasonable standards and conditions under             shotgun shall, before or at the time of disposing          (ii) the exchange of a firearm, rifle or shotgun
which firearms, component parts of firearms,          of such firearm, rifle or shotgun, record, in the      by a dealer in firearms or a dealer in rifles and
rifles, shotguns, assault weapons and ammuni-         record book required to be kept by subdivision n       shotguns for another firearm, rifle or shotgun
tion shall be kept at the store or premises of        of section ⇑10–302, the efforts made by such           previously purchased from such dealer by the
gunsmiths, including store and plant security,        dealer to ensure compliance with the                   person requesting such exchange, provided that
employment, record keeping and product quality        requirements of this section, any exception or         such exchange takes place within thirty days of
control for the protection of the public safety,      exemption set forth in this section that such          such request;
health and welfare. The foregoing enumeration         dealer reasonably believes would authorize the             (iii) the acquisition or disposal of an antique
shall not be construed as a limitation of the         disposal of such firearm, rifle or shotgun, and        firearm, rifle or shotgun which is incapable of
police commissioner’s authority to promulgate         the grounds for such dealer's belief that such         being fired or discharged or which does not fire
rules and regulations hereunder.                      exception or exemption applies.                        fixed ammunition, or a firearm, rifle or shotgun
                                                                                                             manufactured prior to eighteen hundred ninety-
                                                                                                                                                         Page 322
four or whose design was patented and whose                10-303. Permits for possession and pur-                date of birth, residence, physical condition, oc-
commercial manufacture commenced prior to               chase of rifles and shotguns. It shall be un-             cupation and whether he or she complies with
eighteen hundred ninety-four and whose                  lawful to dispose of any rifle or shotgun to any          each requirement specified in subdivision a of
manufacture continued after such year without           person unless said person is the holder of a per-         this section, and any other information required
any substantial alteration in design or function,       mit for possession and purchase of rifles and             by the police commissioner to process the appli-
and for which cartridge ammunition is not               shotguns; it shall be unlawful for any person to          cation. Each applicant shall submit with his or
commercially available and is possessed as a            have in his or her possession any rifle or shot-          her application a photograph of himself or her-
curiosity or ornament or for its historical             gun unless said person is the holder of a permit          self in duplicate, which shall have been taken
significance and value;                                 for the possession and purchase of rifles and             within thirty days prior to the filing of the applica-
   (iv) the acquisition or disposal of a firearm at     shotguns.                                                 tion. Any willful or material omission or false
an indoor or outdoor pistol range when such                 The disposition of a rifle or shotgun, by any li-     statement shall be a violation of this section and
acquisition or disposal begins a period of              censed dealer in rifles and shotguns, to any per-         grounds for denial of the application.
possession or use of the firearm that is                son presenting a valid rifle and shotgun permit               c. Before a permit is issued or renewed, the
authorized by paragraphs 7-a, 7-b, or 7-e of            issued to such person, shall be conclusive proof          police department shall investigate all state-
subdivision a of section 265.20 of the penal law;       of the legality of such disposition by the dealer.        ments required in the application. For that pur-
   (v) the sale of a firearm by a dealer in                 a. Requirements. No person shall be denied            pose, the records of the department of mental
firearms to a person whose firearm is stolen or         a permit to purchase and possess a rifle or shot-         hygiene concerning previous or present mental
irretrievably lost, provided that: (1) such person      gun unless the applicant:                                 illness of the applicant shall be available for in-
has complied with any legal requirement to                  (1) is under the age of twenty-one; or                spection by the investigating officer of the police
report the loss or theft, including but not limited         (2) is not of good moral character; or                department. In order to ascertain any previous
to the applicable provisions of title thirty-eight of       (3) has been convicted anywhere of a felony;          criminal record, the investigating officer shall
the rules of the city of New York and section           of a serious offense as defined in § 265.00 (17)          take the fingerprints and physical descriptive
400.10 of the penal law;                                of the New York State Penal Law; of a misde-              data in quadruplicate of each individual by whom
   (2) such person provides to such dealer a            meanor crime of domestic violence as defined in           the application is signed. Two copies of such
copy of a police report of the loss or theft or of      § 921 (a) of title 18, United States Code; of a           fingerprints shall be taken on standard finger-
any report made pursuant to the applicable              misdemeanor crime of assault as defined in the            print cards eight inches square, and one copy
provisions of title thirty-eight of the rules of the    penal law where the applicant was convicted of            may be taken on a card supplied for that pur-
city of New York and section 400.10 of the penal        such assault within the ten years preceding the           pose by the federal bureau of investigation.
law, which copy the dealer shall attach to the          submission of the application; or of any three            When completed, one standard card shall be
record book required to be kept by subdivision n        misdemeanors as defined in local, state or fed-           promptly submitted to the division of criminal jus-
of section ⇑10–302;                                     eral law, however nothing in this paragraph               tice services where it shall be appropriately pro-
   (3)     the copy provided pursuant to                shall preclude the denial of a permit to an appli-        cessed. A second standard card, or the one sup-
subparagraph two of this paragraph contains the         cant with fewer than three misdemeanor convic-            plied by the federal bureau of investigation, as
name and address of the regulated firearm               tions; or                                                 the case may be, shall be forwarded to that bur-
owner, a description of the regulated firearm, the          (4) has not stated whether he or she has ever         eau at Washington with a request that the files
location of the loss or theft, if known, the date of    suffered any mental illness or been confined to           of the bureau be searched and notification of the
the loss or theft, if known, and the date when the      any hospital or institution, public or private, for       results of the search be made to the police de-
loss or theft was reported to the law                   mental illness; or                                        partment. The failure or refusal of the federal
enforcement agency; and                                     (5) is not now free from any mental disorders,        bureau of investigation to make the fingerprint
   (4) such person's attempt to replace the             defects or diseases that would impair the ability         check provided for in this section shall not cons-
regulated firearm occurs within thirty days of the      safely to possess or use a rifle or shotgun; or           titute the sole basis for refusal to issue a permit
loss or theft of such firearm, if known, or, if such        (6) has been the subject of a suspension or           pursuant to the provisions of this section. Of the
date is not known, within thirty days of the date       ineligibility order issued pursuant to § 530.14 of        remaining two fingerprint cards, one shall be
when the loss or theft was reported to the law          the New York State Criminal Procedure Law or §            filed with the executive department, division of
enforcement agency, as reflected by the                 842-a of the New York State Family Court Act;             state police, Albany, within ten days after issu-
information recorded on the police report; and          or                                                        ance of the permit, and the other remain on file
   (vi)   any other transaction authorized in               (7) who is subject to a court order that              with the police department. No such fingerprints
advance in writing by the commissioner.                     (a) was issued after a hearing of which such          may be inspected by any person other than a
   h. Penalties.                                        person received actual notice, and at which such          peace officer, when acting pursuant to his or her
  (i) In addition to the penalties specified in         person had the opportunity to participate;                special duties, or a police officer, except on
                                                            (b) restrains such person from harassing,             order of a justice of a court of record either upon
section ⇑10–310, any act or omission that               stalking, or threatening an intimate partner of           notice to the permittee or without notice, as the
constitutes or would constitute a violation of this     such person or child of such intimate partner or          judge or justice may deem appropriate. Upon
section or of rules and regulations issued by the       person, or engaging in other conduct that would           completion of the investigation, the police de-
commissioner pursuant thereto shall be grounds          place an intimate partner in reasonable fear of           partment shall report the results to the police
for the revocation of a license to deal in firearms,    bodily injury to the partner or child; and                commissioner without unnecessary delay.
deal in rifles and shotguns, possess firearms, or           (c)(i) includes a finding that such person rep-           d. Fees. The fee for an application for a rifle
possess a rifle or shotgun.                             resents a credible threat to the physical safety of       and shotgun permit or renewal thereof shall be
    (ii) Any firearm disposed of or acquired in         such intimate partner or child; or                        one hundred forty dollars.
violation of this section shall be a nuisance               (ii) by its terms explicitly prohibits the use, at-       e. Issuance.
subject to surrender and forfeiture in accordance       tempted use, or threatened use of physical force              (1) Upon completion of the investigation, and
with the procedures specified in section 400.05         against such intimate partner or child that would         in no event later than thirty days from the sub-
of the penal law.                                       reasonably be expected to cause bodily injury;            mission of the application, unless the police
    i. The commissioner may make and                        (d) For purposes of this section only, “intimate      commissioner determines more time is needed
promulgate such rules and regulations as are            partner” means, with respect to a person, the             for an investigation and then it shall not exceed
necessary to carry out the provisions of this           spouse of the person, a former spouse of the              sixty days, the commissioner shall issue the per-
section. Such rules and regulations may                 person, an individual who is a parent of a child          mit or shall notify the applicant of the denial of
address, but need not be limited to:                    of the person, and an individual who cohabitates          the application and the reason or reasons there-
    (i) procedures for implementation of this           or has cohabited with the person; or                      for. The applicant shall have the right to appeal
section by the commissioner;                                (8) has been convicted of violating section 10-       said denial pursuant to procedures established
    (ii) establishment of a database of firearm,        303.1 of this chapter; or                                 by the police commissioner for administrative re-
rifle and shotgun purchases for the purpose of              (9) unless good cause exists for the denial of        view.
enforcing the requirements of this chapter; and         the permit.                                                   (2) Any person holding a valid license to carry
    (iii) the specification of reasonable efforts           b. Application. Application for a rifle and           a concealed weapon in accordance with the pro-
required to comply with subdivision d of this           shotgun permit shall be made to the police com-           visions of the penal law, shall be issued such
section.                                                missioner, shall be signed and affirmed by the            permit upon filing an application and upon pay-
                                                        applicant and shall state his or her full name,           ing the established fee therefor, without the
                                                                                                                                                             Page 323
necessity of any further investigation, affidavits          b. Criminal penalty. Any person who shall            fective date of this local law, shall possess an
or fingerprinting, unless the police commissioner        violate subdivision a of this section shall be guil-    assault weapon and who is not the holder of a
has reason to believe that the status of the appli-      ty of an unclassified misdemeanor punishable by         valid permit for possession and purchase of
cant has changed since the issuance of the prior         a fine of not more than five thousand dollars or        rifles and shotguns and a certificate of registra-
license.                                                 by imprisonment of up to one year, or by both           tion for such assault weapon, shall peaceably
   f. Validity. Any person to whom a rifle and           fine and imprisonment, for each assault weapon          surrender his or her assault weapon pursuant to
shotgun permit has been validly issued pursuant          disposed of or possessed, provided that the first       subdivision f of section 10-305 for the purpose of
to this chapter may possess a rifle or shotgun.          violation of subdivision a of this section involving    destruction of such weapon by the commission-
No permit shall be transferred to any other per-         possession of an assault weapon as defined in           er, provided that the commissioner may author-
son. Every person carrying a rifle or shotgun            paragraph c of subdivision 16 of section 10-301         ize the use of such weapon by the department,
shall have on his or her person a permit which           shall be an offense punishable by a fine of not         and provided further that heirs and legatees may
shall be exhibited for inspection to any peace           more than three hundred dollars or imprison-            dispose of assault weapons pursuant to subdivi-
officer or police officer upon demand. Failure of        ment of not more than fifteen days, or both, on         sion f of this section.
any such person to so exhibit his or her permit          condition that (1) such first violation is not in           f. Disposition of assault weapons by heirs
shall be presumptive evidence that he or she is          conjunction with the commission of a crime and          and legatees. Any person who acquires an as-
not duly authorized to possess a rifle or shotgun        (2) the possessor has not been previously con-          sault weapon on or after the effective date of this
and the same may be considered by the police             victed of a felony or a serious offense.                local law by the laws of intestacy or by testa-
commissioner as cause for revocation or sus-                c. Civil penalty. In addition to the penalties       mentary bequest shall, within ninety days of
pension of such permit. A permit shall be valid          prescribed in subdivision b of this section, any        such acquisition, either: (1) peaceably surrender
for three (3) years and shall be subject to auto-        person who shall violate subdivision a of this          such assault weapon pursuant to subdivision f of
matic renewal, upon sworn application, and with-         section shall be liable for a civil penalty of not      section 10-305 for the purpose of destruction of
out investigation, unless the police commission-         more than twenty-five thousand dollars for each         such weapon by the commissioner, provided
er has reason to believe that the status of the          assault weapon disposed of or possessed, to be          that the commissioner may authorize the use of
applicant has changed since the previous appli-          recovered in a civil action brought by the corpor-      such weapon by the department; or (2) lawfully
cation.                                                  ation counsel in the name of the city in any court      remove such assault weapon from the city of
   g. Revocation or suspension. A permit shall           of competent jurisdiction, provided that the first      New York.
be revoked upon the conviction in this state, or         violation by any person of subdivision a of this            g. Within thirty days of the effective date of
elsewhere, of a person holding a rifle or shotgun        section involving possession of an assault weap-        rules promulgated by the commissioner pursu-
permit, of a felony or a serious offense. A permit       on as defined in paragraph c of subdivision six-        ant to subparagraph 7 of paragraph a of subdivi-
may be revoked or suspended at any time upon             teen of section 10-301 shall subject such person        sion 16 of section 10-301, the commissioner
evidence of any other disqualification set forth in      to a civil penalty of not more than five thousand       shall send by regular mail to every person who
subdivision a of this section. Upon revocation or        dollars on condition that (1) such first violation is   has been issued a permit to possess a rifle or
suspension of a permit for any reason, the police        not in conjunction with the commission of a             shotgun and whose rifle or shotgun the commis-
commissioner shall immediately notify the New            crime and (2) the possessor has not been previ-         sioner reasonably believes to be an assault
York state division of criminal justice services.        ously convicted of a felony or a serious offense.       weapon as defined in subdivision 16 of section
The police commissioner shall from time to time             d. Disposition of assault weapons by per-            10-301 or as defined in such rules, a written not-
send a notice and supplemental report hereof,            mittees, licensees and previously exempt                ice setting forth the requirements and proced-
containing the names, addresses and permit               persons. Any person who, on or after the effect-        ures relating to the disposition of such weapons,
numbers of each person whose rifle and shot-             ive date of this local law, shall possess an as-        and the criminal and civil penalties that may be
gun permit has been revoked or suspended to              sault weapon and a valid permit for possession          imposed upon the permittee for unlawful posses-
all licensed dealers in rifles and shotguns              and purchase of rifles and shotguns and a certif-       sion or disposition of such weapons. Failure by
throughout the city for the purpose of notifying         icate of registration for such assault weapon,          the commissioner to send, or the permittee to re-
such dealers that no rifles or shotguns may be           and any licensed dealer in firearms or licensed         ceive, such notice, shall not excuse such permit-
issued or sold or in any way disposed of to any          dealer in rifles and shotguns who is not licensed       tee for unlawful possession or disposition of
such persons. The police commissioner or any             as a special theatrical dealer and who, on or af-       such weapons.
police officer acting at the police commissioner's       ter the effective date of this local law, shall pos-        h. Surrender of firearms. At the discretion of
direction shall forthwith seize any rifle and shot-      sess an assault weapon, and any police officer          the police commissioner, any person convicted
gun permit which has been revoked or sus-                or peace officer who, before the effective date of      of violating this section may be subject to imme-
pended hereunder and shall seize any rifle or            this law was exempt from the sections of the ad-        diate surrender of all firearms in his or her pos-
shotgun possessed by such person, provided               ministrative code requiring rifle and shotgun per-      session.
that the person whose rifle or shotgun permit            mits and certificates, and who, upon the effect-            10-303.2 Civil penalty; firearms dealers
has been revoked or suspended, or such per-              ive date of this local law, is not exempt from the      and manufacturers.
son's appointee or legal representative, shall           sections of the administrative code prohibiting             a. Definitions. For purposes of this section,
have the right at any time up to one year after          the possession or disposition of assault wea-           the terms "firearm," "handgun," "dealer," "collect-
such seizure to dispose of such rifle or shotgun         pons, and who, on or after the effective date of        or," and "manufacturer" shall have the mean-
to any licensed dealer or any other person legal-        this local law, shall possess an assault weapon,        ings set forth in 18 U.S.C. § 921, as such sec-
ly permitted to purchase or take possession of           shall, within ninety days of the effective date of      tion may be amended from time to time, or any
such rifle or shotgun. The permittee shall have          rules promulgated by the commissioner pursu-            successor provision thereto. The term "transfer"
the right to appeal any suspension or revocation         ant to subparagraph 7 of paragraph a of subdivi-        shall be deemed to include any sale, assign-
pursuant to procedures established by the com-           sion 16 of section 10-301, either:                      ment, pledge, lease, loan, gift or other disposi-
missioner for administrative review.                        (1) peaceably surrender his or her assault           tion. References to "statutes, laws or regula-
   h. Non-residents. Non-residents of the city of        weapon pursuant to subdivision f of section 10-         tions" shall be deemed to include federal, state
New York may apply for a rifle or shotgun permit         305 for the purpose of destruction of such wea-         and local statutes, laws, local laws, ordinances,
subject to the same conditions, regulations and          pon by the commissioner, provided that the              rules and regulations.
requirements as residents of the city of New             commissioner may authorize the use of such                  b. Manufacturer and Dealer Liability. A
York.                                                    weapon by the department; or                            manufacturer or dealer shall be liable for any in-
   10-303.1. Prohibition of the possession or               (2) lawfully remove such assault weapon from         jury or death caused by a firearm that it has
disposition of assault weapons.                          the city of New York. All assault weapons pos-          transferred, if (i) such injury or death results from
   a. It shall be unlawful for any person to pos-        sessed by such permittees, licensees and previ-         the use of such firearm by an individual not au-
sess or dispose of any assault weapon within             ously exempt persons shall be subject to the            thorized by law to possess such firearm in the
the city of New York, except as provided in sub-         provisions of this subdivision, whether defined         city of New York, and (ii) such manufacturer or
division d, e or f of this section or section 10-        as assault weapons in subdivision 16 of section         dealer, or any other individual or entity acting
305. A person who peaceably surrenders an as-            10-301 or in rules promulgated by the commis-           subsequent to such manufacturer or dealer, un-
sault weapon to the commissioner pursuant to             sioner pursuant to subparagraph 7 of paragraph          lawfully transferred such firearm at any time pri-
subdivision d, e or f of this section or subdivision     a of subdivision 16 of section 10-301.                  or to such injury or death. Such liability also in-
f of section 10-305 shall not be subject to the             e. Disposition of assault weapons by non-            cludes the possible imposition of punitive dam-
criminal or civil penalties set forth in this section.   permittees. Any person who, on or after the ef-         ages. Liability under this section does not extend
                                                                                                                                                           Page 324
to any manufacturer or dealer that has complied         person injured or killed by the discharge of a           for rifles and shotguns held by the person whose
with the following standards during a period of         firearm was committing or attempting to commit           permit has been revoked.
one year immediately preceding and including            a crime (whether or not such crime is actually               e. Disposition of rifles and shotguns. No
the transfer of such firearm:                           charged); (ii) the unlawful transfer or possession       person lawfully in possession of a rifle or shot-
   (1) The manufacturer or dealer executes no           of the firearm is solely a result of the failure of      gun shall dispose of same except to a licensed
transfers or agreements to transfer at gun shows        the owner of the firearm to renew a license, per-        dealer in firearms, licensed dealer in rifles and
except for gun shows that maintain a practice of        mit or registration within six months of the date        shotguns, the holder of a valid rifle and shotgun
performing instant criminal background checks           such renewal is required; or (iii) prior to the in-      permit, an exempt person as enumerated in this
consistent with 18 U.S.C. § 922(t), as such sub-        jury or death caused by the firearm, a lawful            chapter, or a non-resident of the city of New
section may be amended from time to time and            possessor of the firearm has reported its theft to       York not subject to the permit requirements of
any successor provision thereto, on all transfers,      a federal, state or local law enforcement agency,        this chapter.
whether by licensed or an unlicensed sellers.           or reported its loss to an appropriate public                Any person so disposing of a rifle or shotgun
    (2) Any place of business operated by the           agency.                                                  shall report the disposition on forms provided by
manufacturer or dealer is located at a fixed ad-            (5) Notwithstanding the provisions of subdivi-       the commissioner setting forth the rifle and shot-
dress where:                                            sion b, there shall be no basis for liability under      gun permit number of both seller and purchaser,
    (a) a record is maintained, as may be required      this section if the manufacturer or dealer proves        the make, caliber, type, model and serial num-
by any statute, law or regulation, of the make,         by a preponderance of the evidence that the              ber, if any, and if the seller is a licensed dealer
model, caliber or gauge, and serial number of all       manufacturer or dealer lawfully transferred the          the certificate of registration number, of all such
firearms held in inventory or offered for sale; and     firearm to: (i) a public agency in furtherance of        rifles and shotguns. Such form shall be signed
   (b) a record is maintained, as may be re-            official business; (ii) a law enforcement officer        by both seller and purchaser and the original
quired by any statute, law or regulation, of the        employed by a public agency; (iii) a private se-         shall be forwarded to the police commissioner
make, model, caliber or gauge, and serial num-          curity firm, holding any permits or licenses re-         within 72 hours of the disposition, one copy shall
ber of all firearms sold, and of any identifying in-    quired by applicable statutes, laws and regula-          be retained by the seller, another by the pur-
formation required by any such statute, law or          tions, for the use of its agents and employees; or       chaser.
regulation to be obtained from purchasers;              (iv) a private operator of a state or local correc-          1. If the seller is a licensed dealer, he or she
    (3) The manufacturer or dealer provides ac-         tional facility for the use of its agents and em-        shall at the time of the sale issue a certificate of
cess to the aforementioned records to officers,         ployees.                                                 registration to the purchaser provided to the
employees and agents of public agencies con-                (6) Notwithstanding the provisions of subdivi-       dealer for that purpose by the police commis-
ducting inspections, to the full extent required by     sion b, there shall be no basis for liability under      sioner and shall forward to the police commis-
applicable statutes, laws and regulations;              this section if the manufacturer or dealer proves        sioner the duplicate thereof, together with the
    (4) The manufacturer or dealer limits transfers     by a preponderance of the evidence that the in-          report of disposition.
to any individual or entity to one handgun in any       jury or death is not directly or indirectly related to       2. If the seller is not a licensed dealer, the po-
given thirty-day period, provided that this para-       any act or omission by such manufacturer or              lice commissioner shall, if the purchaser’s rifle
graph shall not apply to lawful transfers to (a)        dealer, including but not limited to any failure by      permit is valid, issue the certificate of registration
public agencies in furtherance of official busi-        the manufacturer or dealer to comply with the            within ten days of the receipt by the police com-
ness; (b) law enforcement officers employed by          standards set forth in subdivision b of this sec-        missioner of the report of disposition. Pending
public agencies; (c) private security firms, hold-      tion.                                                    receipt of the certificate, but in no event for any
ing any permits or licenses required by applic-             10-304. Certificates of registration.                longer than fourteen days from the date of pur-
able statutes, laws and regulations, for the use            a. It shall be unlawful for any person to have       chase, the copy of the report of disposition shall
of their agents and employees; (d) private oper-        in his or her possession any rifle or shotgun un-        serve in lieu of the purchaser’s certificate of reg-
ators of state and local correctional facilities, for   less said person is the holder of a certificate of       istration.
the use of their agents and employees; or (e) li-       registration for such rifle or shotgun.                      f. No fee shall be charged for a certificate of
censed manufacturers, licensed dealers or li-               b. It shall be unlawful for any person who is        registration.
censed collectors, as those terms are defined           not a licensed dealer to dispose of any rifle or             g. Notwithstanding any other provision of this
by 18 U.S.C. § 921, as such section may be              shotgun for which such person does not have a            section concerning the transfer, receipt, acquisi-
amended from time to time, or any successor             certificate of registration unless such person files     tion, or any other disposition of a rifle or shot-
provision thereto;                                      with the police commissioner a declaration in            gun, a rifle and shotgun permit shall not be re-
    (5) The manufacturer or dealer has complied         duplicate, signed and affirmed by the declarant          quired for the passing of a rifle or shotgun upon
with all applicable statutes, laws and regulations      which shall list by caliber, make, model, manu-          the death of an owner, to his or her heir or lega-
governing the transfer of firearms; and                 facturer’s name and serial number, or if none,           tee, whether the same be by testamentary be-
    (6) The manufacturer or dealer has not trans-       any other distinguishing number or identification        quest or by the laws of intestacy, except that the
ferred a firearm to any other manufacturer or           mark, of each rifle and shotgun possessed by             person who shall so receive or acquire said rifle
dealer in circumstances in which the manufac-           the declarant. Upon receipt of acknowledgement           or shotgun shall be subject to all other provi-
turer or dealer transferring such firearm knew or       of said declaration by the police commissioner,          sions of this chapter, provided further that if the
should have known that such manufacturer or             the declarant may lawfully sell, transfer, or other-     heir or legatee of the owner of such rifle or shot-
dealer had not complied with the standards set          wise dispose of such rifles or shotguns to a li-         gun does not qualify to possess same under this
forth in this subdivision.                              censed dealer or any other person legally per-           chapter, the rifle or shotgun may be possessed
   c. Exceptions.                                       mitted to purchase or take possession of such            by the heir or legatee for the purpose of sale as
   (1) No action may be commenced pursuant to           rifles or shotguns.                                      otherwise provided herein for a period not ex-
this section by any person injured or killed by the         Any willful or material omission or false state-     ceeding one hundred eighty days or for such fur-
discharge of a firearm that is lawfully possessed       ment shall be a violation of this section.               ther limited period beyond the one hundred eigh-
by a law enforcement official employed by a                 c. Exhibition of certificate. Every person           ty days as may be approved by the commission-
public agency.                                          carrying a rifle or shotgun shall have on his or         er, said extensions in no event to exceed a total
    (2) This section shall not limit in scope any       her person a certificate of registration valid for       of ninety days.
cause of action, other than that provided by this       such weapon. Upon demand, the appropriate                    10-305. Exemptions. The sections requiring
section, available to a person injured by or killed     certificate shall be exhibited for inspection to any     rifle and shotgun permits and certificates and
by a firearm.                                           peace officer or police officer. Failure of any per-     prohibiting the possession or disposition of as-
    (3) Nothing in this section shall prevent a         son to so exhibit his or her certificate shall be        sault weapons shall not apply as follows:
manufacturer or dealer from seeking whole or            presumptive evidence that he or she is not duly              a. Minors. Any person under the age of twen-
partial indemnity or contribution for any liability     authorized to possess such rifle or shotgun and          ty-one years may carry, fire, or use any rifle or
incurred under this section from any third party        may be considered by the police commissioner             shotgun in the actual presence or under the di-
wholly or partially responsible for the injury or       as cause for revocation or suspension of such            rect supervision of any person who is a holder of
death.                                                  person's permit.                                         a rifle or shotgun permit, or for the purpose of
    (4) Notwithstanding the provisions of subdivi-          d. Revocation. The revocation of a rifle or          military drill under the auspices of a legally rec-
sion b, there shall be no basis for liability under     shotgun permit shall automatically be deemed to          ognized organization and under competent su-
this section if the manufacturer or dealer proves       be a revocation of all certificates of registration      pervision or for the purpose of competition or
by a preponderance of the evidence that: (i) the                                                                 target practice in and upon a firing range ap-
                                                                                                                                                            Page 325
proved by the police commissioner or any other           be construed as granting immunity from prose-          such prohibition would be preempted by federal
governmental agency authorized to provide such           cution for any crime or offense except that of un-     law.
approval, or the national rifle association, which       lawful possession of such rifle, shotgun or as-            k. Special theatrical permit. Nothing herein
is under competent supervision at the time of            sault weapon.                                          contained is intended to prevent the possession
such competition or target practice, provided                g. The regular and ordinary transport of rifles,   or utilization of any rifle, shotgun or assault
that the rifle or shotgun is otherwise properly          shotguns and assault weapons as merchandise            weapon during the course of any television,
registered or exempt from registration by virtue         provided that the person transporting such rifles,     movie, stage or other similar theatrical produc-
of some other provision of this chapter. This ex-        shotguns and assault weapons where he or she           tion, or by a professional photographer in the
emption shall not apply to assault weapons.              knows or has reasonable means of ascertaining          pursuance of his or her profession, provided
   b. Antiques and ornaments. The provisions             what such person is transporting, notifies, in         however, that the rifle or shotgun so used shall
of this chapter shall not apply to antique rifles        writing, the police commissioner of the name           be properly registered and a special theatrical
and shotguns which are incapable of being fired          and address of the consignee and the place of          permit shall have been issued for the rifle, shot-
or discharged or which do not fire fixed ammuni-         delivery, and withholds delivery to the consignee      gun or assault weapon pursuant to regulations
tion, or those weapons manufactured prior to             for such reasonable period of time designated in       established by the commissioner.
eighteen hundred ninety-four and those weap-             writing by the police commissioner as the police           l. Persons in possession of, using or trans-
ons whose design was patented and whose                  commissioner may deem necessary for investi-           porting rifles which have been issued by the di-
commercial manufacture commenced prior to                gation as to whether the consignee may lawfully        rector of civilian marksmanship of the depart-
eighteen hundred ninety-four and whose manu-             receive and possess such rifles, shotguns or as-       ment of the army, pursuant to the provisions of
facture continued after eighteen hundred ninety-         sault weapons.                                         ten U.S.C., section 4307-4309, unto a civilian
four without any substantial alteration in design            h. Possession by retail customers for the pur-     rifle club, or unto a rifle team representing an ed-
or function, and for which cartridge ammunition          pose of firing at duly licensed rifle target con-      ucational institution, provided that such persons
is not commercially available and are possessed          cessions at amusement parks, piers, and similar        are members in good standing of an accredited
as curiosities or ornaments or for their historical      locations provided that the rifles to be so used       civilian rifle club, or are connected as students
significance and value. This exemption shall not         be firmly chained or affixed to the counter and        or coaches with such educational institution,
apply to assault weapons.                                that the individual rifles are registered by the       shall not be required to obtain a certificate of
   c. Persons in the military service in the state       proprietor and that the proprietor is in posses-       registration for such rifle. This exemption shall
of New York, when duly authorized by regula-             sion of a rifle and shotgun permit. This exemp-        not apply to assault weapons.
tions issued by the chief of staff to the governor       tion shall not apply to assault weapons.                   m. Any resident of the city of New York ac-
to possess the same, and police officers, provid-            i.(1) Non-residents in transit. Any other pro-     quiring a rifle or shotgun outside the city of New
ed that such police officers shall not be exempt         vision of this chapter to the contrary notwith-        York shall within seventy-two hours after bring-
from the sections prohibiting the possession or          standing, a non-resident of the city of New York       ing such weapon into the city make application
disposition of assault weapons except during the         who, without a rifle and shotgun permit issued         for a rifle and shotgun permit, if such person
performance of their duties as police officers,          hereunder, enters the city of New York posses-         does not already possess such permit, and for a
and other peace officers as defined in section           sing a rifle or shotgun in the course of transit to    certificate of registration.
2.10 of the criminal procedure law, provided that        a destination outside the city of New York, or a           Pending the issuance of such permit and/or
such peace officers (1) are authorized pursuant          non-resident of the city of New York who enters        certificate of registration such resident shall de-
to law or regulation of the state or city of New         the city of New York possessing an assault wea-        posit such weapon with a designated officer, at
York to possess either (a) a firearm within the          pon in the course of transit to a destination out-     the police precinct in which such person resides,
city of New York without a license or permit             side the city of New York, shall have a period of      who shall issue a receipt therefor and said
therefor, or (b) a rifle, shotgun or assault weap-       twenty-four hours subsequent to such entering          weapon shall be retained at the precinct until the
on within the city of New York without a permit          to be exempt from penalty under this chapter for       resident shall produce the proper permit and
therefor; and (2) are authorized by their employ-        the unlawful possession of a rifle, shotgun or as-     registration certificate. This exemption shall not
er to possess such rifle, shotgun or assault             sault weapon, provided that such rifle, shotgun        apply to assault weapons.
weapon; and (3) shall not possess such rifle,            or assault weapon shall at all times be unloaded           n. The provisions of section 10-303 of this
shotgun or assault weapon except during the              and in a locked case, or locked automobile             chapter shall not apply to persons who are
performance of their duties as peace officers.           trunk, and that said non-resident is lawfully in       members of units of war veterans organizations,
   d. Persons in the military or other service of        possession of said rifle or shotgun according to       which organizations are duly recognized by the
the United States, in pursuit of official duty or        the laws of his or her place of residence.             veterans administration, pursuant to § 3402 of
when duly authorized by federal law, regulation              (2) Non-residents purchasing a rifle or            title 38 of the United States Code, and who are
or order to possess the same.                            shotgun from a licensed dealer. Any other              specifically designated to carry rifles or shotguns
   e. Persons employed in fulfilling defense con-        provision of this chapter notwithstanding, a non-      by the commanders of said units, while actually
tracts with the government of the United States          resident of the city of New York may purchase a        participating in going to or returning from,
or agencies thereof when possession of the               rifle or shotgun from a licensed dealer provided       special events authorized by the commissioner.
same is necessary for manufacture, transport,            that he or she presents the dealer with docu-          Said rifles or shotguns, to be carried, must be
installation and testing under the requirements          mentary evidence of his or her identity and place      the property of the unit of the war veterans or-
of such contract.                                        of residence, and the rifle or shotgun purchased       ganization, must be registered with the police
   Any such person exempted by subdivisions c,           is either personally delivered to the purchaser or     commissioner pursuant to section 10-304 of this
d and e above, may purchase a rifle or shotgun           transmitted by the dealer directly to the purchas-     chapter and must be kept at the unit’s head-
only from a licensed dealer, and must submit to          er’s residence. In the event the purchaser is tra-     quarters or some central place as registered.
the dealer full and clear proof of identification, in-   veling from the city by rail, ship or plane, the           o. Nothing herein, shall exempt a member of
cluding shield number, serial number, military or        dealer is hereby authorized to deliver such rifle      a unit of a war veterans organization from pos-
governmental order or authorization, and military        or shotgun at the appropriate terminal to a repre-     sessing a permit issued pursuant to section 10-
or other official identification. Any dealer who         sentative of the railroad, airline or shipping com-    303, to carry rifles or shotguns which are not the
disposes of a rifle or shotgun to any exempt per-        pany, for placement aboard such train, plane or        property of a war veterans organization; nor
son without securing such identification shall be        ship. If the rifle or shotgun is personally deliv-     shall that member be exempt from registering
in violation of these sections.                          ered to the non-resident purchaser within the          such rifles or shotguns, pursuant to section 10-
   f. A person may voluntarily surrender a rifle,        city of New York, the purchaser shall have the         304, which said member may personally own,
shogun or assault weapon to the police commis-           rifle or shotgun removed from the city no later        possess or purchase.
sioner, provided, that the same shall be surrend-        than twenty-four hours after the time of pur-              p. Any gunsmith licensed pursuant to section
ered by such person only after he or she gives           chase. This exemption shall not apply to assault       10-302 may engage in the business of gunsmith
notice in writing to the police commissioner, stat-      weapons.                                               as authorized by such license.
ing such person’s name, address, the type of                 j. Nothing herein contained shall be construed         q. Notwithstanding the provisions of this chap-
gun to be surrendered, and the approximate               to be a prohibition of the conduct of business by      ter prohibiting the possession or disposition of
time of day and the place where such surrender           manufacturers, wholesale dealers, interstate           assault weapons, a special theatrical dealer may
shall take place and such time of day and place          shippers, or any other individuals or firms prop-      possess such weapons exclusively for the pur-
have been approved in writing by the police              erly licensed by the federal government, where         pose of leasing such weapons to special theatri-
commissioner. Nothing in this subdivision shall                                                                 cal permittees within the city and for theatrical
                                                                                                                                                         Page 326
purposes outside the city and may, in addition,        shotguns and which are capable of holding no          both on condition that (a) the first violation of
with the written approval of the commissioner,         more than five rounds of rifle or shotgun ammu-       possession of an unregistered rifle or shotgun or
permanently remove one or more assault wea-            nition may be disposed of or possessed in the         rifle or shotgun ammunition or an ammunition
pons from the city.                                    same manner and pursuant to the same require-         feeding device which is designed for use in a
    10-306. Disposition, purchase and posses-          ments, rules and exemptions as apply to dispos-       rifle or shotgun and which is capable of holding
sion of ammunition and ammunition feeding              al or possession of rifles, shotguns or assault       no more than five rounds of rifle or shotgun am-
devices.                                               weapons under this chapter, provided that a           munition is not in conjunction with the commis-
    a. No person, except a dealer in rifles and        special theatrical permittee may not possess live     sion of a crime and (b) the possessor has not
shotguns, may dispose of to another person an          ammunition suitable for use in the rifle, shotgun     been previously convicted of a felony or a seri-
ammunition feeding device which is designed for        or assault weapon such permittee is authorized        ous offense and (c) the possessor has not previ-
use in a rifle or shotgun and which is capable of      to possess. Ammunition feeding devices which          ously applied for and been denied a permit for
holding more than five rounds or rifle or shotgun      are designed for use in rifles or shotguns and        such possession.
ammunition, except in the manner provided in           which are capable of holding more than five               10-311. Sale of weapons without safety
this chapter for the disposition of assault wea-       rounds of rifle or shotgun ammunition may only        locking device prohibited.
pons, provided that a person in lawful posses-         be disposed of or possessed in the manner pro-            a. It shall be unlawful for any person or busi-
sion of such ammunition feeding devices may            vided in this section.                                ness enterprise to dispose of any weapon which
dispose of such ammunition feeding devices to a            g. Notwithstanding any other provision of this    does not contain a safety locking device. For the
dealer in rifles and shotguns. No dealer in rifles     section, any person authorized to possess a pis-      purposes of this section and section 10-312: (1)
and shotguns may dispose of such ammunition            tol or revolver within the city of New York may       weapon shall mean a firearm, rifle, shotgun, or
feeding devices except to a person who is ex-          possess ammunition suitable for use in such pis-      assault weapon, as such terms are defined in
empt from subdivision a of section 10-303.1 pur-       tol or revolver and a dealer in firearms or dealer    section 10-301; or a machine gun, as defined in
suant to section 10- 305.                              in rifles and shotguns may dispose of such am-        the penal law; and (2) a safety locking device
    b. No person may possess an ammunition             munition to such person pursuant to subdivision       shall mean a design adaptation or attachable ac-
feeding device which is designed for use in a          i of section 10-131.                                  cessory that will prevent the use of the weapon
rifle or shotgun and which is capable of holding           h. Dealers in rifles and shotguns and special     by an unauthorized user, and includes, but is not
more than five rounds of rifle or shotgun ammu-        theatrical dealers may lease ammunition feeding       limited to, a trigger lock, which prevents the pull-
nition, unless such person is exempt form subdi-       devices which are designed for use in rifles or       ing of the trigger without the use of a key, or a
vision a of section 10-303.1 pursuant to section       shotguns to special theatrical permittees. Speci-     combination handle, which prevents the use of
10-305, provided that a dealer in rifles and shot-     al theatrical permittees may possess such am-         the weapon without the alignment of the combin-
guns may possess such ammunition feeding de-           munition feeding devices subject to the same          ation tumblers.
vices for the purpose of disposition authorized        conditions as apply with respect to such permit-          b. It shall be unlawful for any licensed manu-
pursuant to subdivision a of this section.             tee’s possession of rifles, shotguns and assault      facturer, licensed importer, or licensed dealer to
    c. No ammunition suitable for use in a rifle of    weapons.                                              dispose of any weapon in the city of New York
any caliber or for any shotgun or ammunition               10-307. Supply of forms. The commissioner         unless it is accompanied by the following warn-
feeding device which is designed for use in a          shall provide all dealers in rifles and shotguns      ing, which shall appear in conspicuous and leg-
rifle or shotgun and which is capable of holding       with adequate supplies of all forms including ap-     ible type in capital letters, and which shall be
no more than five rounds of rifle or shotgun am-       plications for permits as required by this chapter,   printed on a label affixed to the weapon and on
munition shall be disposed of to any person who        without charge.                                       a separate sheet of paper included within the
has not been issued a rifle and shotgun permit             10-308. Vehicles, rooms, dwellings or             packaging enclosing the weapon:
and a certificate of registration and who does not     structures; possession therein. The presence          "THE USE OF A LOCKING DEVICE OR SAFE-
exhibit same to the dealer at the time of the          of a rifle, or shotgun, or rifle or shotgun ammuni-   TY LOCK IS ONLY ONE ASPECT OF RE-
purchase. In no event shall rifle or shotgun am-       tion, in a vehicle, room, dwelling or structure,      SPONSIBLE FIREARM STORAGE. FIREARMS
munition be disposed of to or possessed by any         without a rifle and shotgun permit therefor and a     SHOULD BE STORED UNLOADED AND
such person except for a shotgun, or for the spe-      certificate of registration therefor, or the pre-     LOCKED IN A LOCATION THAT IS BOTH SEP-
cific caliber of rifle, for which the certificate of   sence of an assault weapon in a vehicle, room,        ARATE FROM THEIR AMMUNITION AND IN-
registration has been issued. No ammunition            dwelling or structure, shall be presumptive evi-      ACCESSIBLE TO CHILDREN AND OTHER UN-
feeding device which is designed for use in a          dence of possession thereof by all persons oc-        AUTHORIZED PERSONS."
rifle or shotgun and which is capable of holding       cupying the vehicle, room, dwelling or structure          c. Any person who applies for and obtains
more than five rounds of rifle or shotgun ammu-        at the time.                                          authorization to purchase a weapon or otherwise
nition shall be disposed of by a dealer in rifles          10-309. Identifying marks.                        lawfully obtains a weapon pursuant to chapters
and shotguns to any person who does not exhib-             a. Defacing. Any person who alters, changes,      one or three of title ten of this code shall be re-
it proof that he or she is exempt from subdivision     removes, disfigures, obliterates or defaces the       quired to purchase or obtain a safety locking de-
a of section 10-303.1 pursuant to section 10-          name of the maker, model, manufacturer's or           vice at the time he or she purchases or obtains
305.                                                   serial number of a rifle, shotgun or assault wea-     the weapon.
    d. It shall be unlawful for any person who is      pon shall be in violation of this section.                d. (1) The police commissioner is authorized
required to have a permit in order to possess a            b. Any rifle or shotgun sold or otherwise dis-    to promulgate rules setting forth the types of
rifle or shotgun and who has not been issued           posed of by a licensed dealer, which does not         safety locking devices which will comply with this
such permit to possess rifle or shotgun ammuni-        contain a manufacturer's or serial number, must       section in accordance with subdivision a of this
tion or an ammunition feeding device which is          have imbedded into the metal portion of such          section. The city of New York and its agencies,
designed for use in a rifle or shotgun.                rifle or shotgun a dealer's number. Failure to so     officers or employees shall not be liable to any
    e. A record shall be kept by the dealer of each    mark and identify any rifle or shotgun shall be a     party by reason of any incident involving, or the
disposition of ammunition or ammunition feeding        violation of this section.                            use or misuse of, a safety locking device that
devices under this section which shall show the            10-310. Violation. Except as is otherwise pro-    may have been purchased in compliance with
type, caliber and quantity of ammunition or am-        vided in sections 10-302 and 10-303.1, violation      such rules promulgated by the commissioner.
munition feeding devices disposed of, the name         of sections 10-301 through 10-309 shall be a              (2) The police commissioner shall provide
and address of the person receiving same, the          misdemeanor punishable by a fine of not more          written notice of the requirements of this section
caliber, make, model, manufacturer's name and          than one thousand dollars or imprisonment of          and section 10-312 to all persons who receive
serial number of the rifle or shotgun for which        not more than one year or both, provided that         an official authorization to purchase a weapon
the purchaser is purchasing ammunition, the            the first violation of such sections involving pos-   and all persons applying for renewal of a license
date and time of the transaction, and the number       session of an unregistered rifle or shotgun or        or permit issued pursuant to chapters one or
of the permit and certificate exhibited or descrip-    rifle or shotgun ammunition or an ammunition          three of title ten, including any rules promulgated
tion of the proof of exemption exhibited as re-        feeding device which is designed for use in a         under this subdivision. All persons applying for a
quired by this section. Such information shall be      rifle or shotgun and which is capable of holding      license or permit or applying for the renewal of a
made available to all law enforcement agencies.        no more than five rounds of rifle or shotgun am-      license or permit pursuant to chapters one or
    f. Notwithstanding any other provision of this     munition shall be an offense punishable by a          three of title ten of this code, shall receive from
section, ammunition and ammunition feeding de-         fine of not more than three hundred dollars or        the commissioner information concerning the im-
vices which are designed for use in rifles or          imprisonment of not more than sixteen days, or        portance of using a safety locking device while a
                                                                                                                                                      Page 327
weapon is not in use, and a warning that wea-          feet of any residential use, which distance shall          (a) All firearms shall be stored in a locked fire-
pons should be stored unloaded and locked in a         be measured from the closest point of the build-       proof safe or vault located in the business premi-
location that is both separate from their ammuni-      ing, or portion thereof, used for the storage, pos-    ses;
tion and inaccessible to children and any other        session or display of firearms, ammunition or ex-          (b) All firearms must be secured by a hard-
unauthorized persons.                                  plosives to the nearest point of the lot line of the   ened steel rod or cable of at least one-eighth
   e. Any violation of subdivisions a or b of this     property with a residential use, is hereby pro-        (1/8) inch in diameter through the trigger guard
section or any rule promulgated thereunder shall       hibited.                                               of the firearm. The steel cord or cable shall be
be a misdemeanor and triable by a judge of the             C. Standards of design, construction and           secured with a hardened steel lock that has a
criminal court of the city of New York and pun-        maintenance of buildings and structures in             shackle. The lock and shackle shall be protected
ishable by imprisonment of not more than thirty        which firearms, ammunition or explosives               or shielded from the use of a bolt cutter and the
days or by a fine of not more than five hundred        are stored. …                                          rod or cable shall be anchored in a manner that
dollars, or both.                                          D. Visibility of interior to be maintained at      prevents the ready removal of the firearms from
   10-312. Use of safety locking device re-            all times. The interior of any building or struc-      the premises; or
quired under certain circumstances.                    ture used for the storage, possession and dis-             (c) All firearms shall be secured in a manner
   a. It shall be unlawful for any person who is       play of firearms, ammunition or explosives shall       that prevents the ready removal of the firearms
the lawful owner or lawful custodian of a wea-         be visible through any windows at all times when       from the premises, as approved by the Chief of
pon, as that term is defined in section 10-311, to     open for business, and no drapes or blinds             Police or the Chief's designee.
store or otherwise place or leave such weapon          should be used that would block the view of po-            I. The regulations provided for herein shall not
in such a manner or under circumstances that it        lice or passersby who might observe unusual            apply to the personal possession, use or owner-
is out of his or her immediate possession or con-      activity within the premises. The exterior of the      ship of firearms or ammunition therefor.
trol, without having rendered such weapon inop-        premises shall be illuminated at night and during          47-5. Firearms, shotguns, rifles and other
erable by employing a safety locking device. Any       the hours when business is not conducted with-         dangerous weapons.
person who violates this subdivision shall be          in.                                                        A. Purpose and intent. The Council finds
guilty of a violation, punishable by imprisonment          E. Combustible materials. Combustible ma-          that violent crime is a serious problem in the city
of not more than ten days or by a fine of not          terials shall not be stored in any building or         and firearms and other dangerous weapons are
more than two hundred fifty dollars, or both.          structure or that portion thereof used for the stor-   frequently used in the commission of crimes,
   b. Any person who violates subdivision a of         age, possession and display of firearms, ammu-         particularly homicides and assaults. The posses-
this section having previously been found guilty       nition or explosives.                                  sion of such weapons also often leads to acci-
of a violation of such subdivision, or under cir-          F. Fire-extinguishing equipment. Fully oper-       dental deaths and injuries. The possession and
cumstances which create a substantial risk of          able listed fire-extinguishing equipment shall be      use of assault weapons and ammunition feeding
physical injury to another person, shall be guilty     maintained in any building or structure used for       devices for criminal purposes is increasing and
of a misdemeanor punishable by imprisonment            the storage, possession and display of firearms,       poses a serious danger to public safety. The use
of not more than thirty days or by a fine of not       ammunition or explosives and made easily ac-           of weapons by persons under the influence of
more than one thousand dollars, or both.               cessible.                                              drugs and/or alcohol can readily lead to serious
   c. The provisions of this section shall not ap-         G. Smoking and open flames prohibited.             injury or death. The possession of weapons in
ply to weapons owned or lawfully possessed by          Smoking, matches, spark-producing devices and          public facilities and places also poses a serious
a police officer, as such term is defined in sec-      open flames shall be prohibited in any building        danger to public safety. The possession of toy or
tion 1.20 of the criminal procedure law, or a fed-     or structure or that portion thereof used for the      imitation weapons which substantially duplicate
eral law enforcement officer, as such term is de-      storage, possession and display of firearms, am-       actual weapons poses a danger to the person
fined in section 2.15 of the criminal procedure        munition or explosives.                                possessing the weapon and to others. In order
law.                                                       H. Standards of security for storage of fire-      to promote and protect the health, safety and
                                                       arms, ammunition or explosives.                        welfare of the public, the Council finds it neces-
[NYC Administrative Code current through                   (1) Storage of ammunition and explosives.          sary to place restrictions upon the possession
November 2007]                                         All ammunition and explosives shall be stored in       and use of such weapons. The restrictions im-
                                                       compliance with 9 NYCRR 1176 et seq. and 12            posed by this section are intended to be in addi-
                                                       NYCRR 39 et seq. Further, all ammunition when          tion to restrictions found in state law and are not
         Code of the City of Rochester                 being displayed shall be kept in locked cases or       intended to conflict with state law provisions.
                                                       behind the counter in an area not accessible to            B. As used in this section, the following terms
        Chapter 47. Dangerous Articles                 the public.                                            shall have the meanings indicated:
                                                           (2) Storage of firearms when open for busi-            Air Gun - [Note: This section was found un-
   47-4. Storage and display of firearms, am-          ness.                                                  constitutional.]
munition and explosives.                                   (a) No firearms shall be stored, exhibited or          Ammunition - Explosives suitable to be fired
   A. Purpose and intent. The Council finds            displayed in windows of the premises.                  from a firearm, machine gun, pistol, revolver,
that it is necessary to regulate the commercial            (b) Firearms storage or inventory areas shall      rifle, shotgun, assault weapon or other danger-
storage, possession and display of firearms, am-       be physically separated from counter and dis-          ous weapon.
munition or explosives pursuant to § 139-d of          play areas and access to these areas shall be              Ammunition Feeding Device - Magazines,
the General Municipal Law in order to provide          carefully controlled.                                  belts, feedstrips, drums or clips capable of being
for the public health, safety and welfare of all           (c) All firearm display cases shall be kept        attached to or utilized with any center-fire rifle,
persons in the City of Rochester. The Council          locked and secured at all times and not readily        shotgun or pistol which employs the force of the
finds that the location of such activities close to    accessible to the public. All keys to such display     expanding gases from a discharging cart-ridge
residential uses is not compatible with residen-       cases shall not leave the control of authorized        to chamber a fresh round after each single pull
tial uses and can pose a danger to residents           personnel.                                             of the trigger which, in the case of a rifle or shot-
through fire or explosion or as a result of burg-          (d) Trigger locks which disable firearms and       gun holds in excess of five (5) cartridges, or in
laries at such locations. The Council therefore        prevent them from functioning must be locked to        the case of a pistol holds in excess of seventeen
intends to regulate the location of such activities    each firearm at all times, or the firearms must be     (17) cartridges.
and to place additional regulations upon those         secured in a locked case or be otherwise locked,           Assault weapon:
activities in order to assure that such activities     or the firearms must be dispensed in an area be-           (1) Any center-fire rifle or shotgun which em-
are conducted in a safe manner. The restrictions       hind the counter that is not accessible to the         ploys the force of the expanding gases from a
found herein shall be in addition to restrictions      public. These requirements shall not apply to a        discharging cartridge to chamber a fresh round
found Chapter 120 of the Municipal Code, Zon-          firearm being shown to a customer, being re-           after each single pull of the trigger, and which is
ing Code, and whichever regulations are more           paired, or otherwise being worked on.                  loaded or capable of being loaded with a combi-
restrictive shall be applicable to any potential lo-       (3) Storage of firearms when not open for          nation of more than six (6) cartridges in the am-
cation where such activities are to be conducted.      business. When not open for business, all fire-        munition feeding device and chamber combined.
   B. Location. The storage, possession or dis-        arms shall be stored in accordance with one of         For the purposes of this section, a weapon is
play of firearms, ammunition or explosives within      the following:                                         capable of being loaded if it is possessed by one
a building occupied by a residential use, or with-                                                            who, at the same time, possesses:
in a building located within one hundred (100)
                                                                                                                                                         Page 328
   (a) In the case of a rifle, a fixed or detachable   any antique firearm as defined in federal or New           (7) Possession of a firearm by a person li-
ammunition feeding device which is attached to         York State law or any curio or relic as defined        censed to carry a firearm pursuant to § 400.00
or utilized with or capable of being attached to or    under United States law which is possessed by          of the Penal Law or possession or transportation
utilized with such rifle and which has a capacity      a licensed collector in accordance with United         by a gunsmith or dealer in firearms in accord-
of more than five (5) cartridges; or                   States law.                                            ance with a license issued by the State of New
   (b) In the case of a shotgun, an ammunition             Park - As defined in § 79-1 of the Municipal       York or the United States, except that this sub-
feeding device which is attached to or utilized        Code.                                                  section shall not apply in a park or a public facil-
with or capable of being attached to or utilized           Possess - Have physical possession or oth-         ity other than a parking garage.
with such shotgun and which has a capacity of          erwise to exercise dominion or control over. The           D. No person shall store a firearm, rifle, shot-
more than five (5) cartridges.                         presence in an automobile of any firearm, rifle or     gun or air gun in a dwelling in the city unless
   (2) A center-fire rifle or shotgun which em-        shotgun which is openly visible is presumptive         said firearm, rifle, shotgun or air gun is com-
ploys the force of expanding gases from a dis-         evidence of its possession by all persons occu-        pletely enclosed or contained in a nontranspar-
charging cartridge to chamber a fresh round af-        pying such automobile at the time such firearm,        ent locked carrying case or in a locked gun rack,
ter each single pull of the trigger, and which has:    rifle or shotgun is found, except if such firearm,     cabinet, closet or safe, or a locking device is at-
   (a) A flash suppressor attached to the weapon       rifle or shotgun is found in a vehicle for hire.       tached to the weapon and locked in a manner so
reducing muzzle flash;                                     Public Place - Any street, including the side-     as to prevent the weapon from being fired. This
   (b) A grenade launcher;                             walk portion thereof, park, playground, recrea-        requirement shall not apply to a rifle, shotgun or
   (c) A sighting device making a target visible at    tion area, cemetery or lot owned, leased, oper-        licensed firearm carried on the body of the own-
night;                                                 ated or controlled by or on behalf of any govern-      er or within such close proximity of the owner
   (d) A barrel jacket surrounding all or a portion    ment, municipality or public authority or corpora-     that the owner can retrieve it as quickly and eas-
of the barrel to dissipate heat therefrom; or          tion within the boundaries of the city, which is       ily as if it were carried on the owner's body.
   (e) A multi-burst trigger activator.                generally accessible to the public, except                 E. No person shall dispose of any firearm,
   (3) Any stockless pistol grip shotgun.              grounds used for educational purposes.                 rifle, shotgun, air gun or ammunition in the city.
   (4) The following weapons manufactured prior            Public Facility - Any building or facility         This prohibition shall not apply to:
to the effective date of this section. [Note: This     owned, leased, operated or controlled by or on             (1) A gunsmith or dealer in firearms duly
section was found unconstitutional.]                   behalf of any government, municipality or public       licensed by the State of New York or the United
   (5) For purposes of this section, the term "as-     authority or corporation within the boundaries of      States;
sault weapon" shall not include any of the fol-        the city, except buildings or facilities used for          (2) A person disposing of the same to a gun-
lowing:                                                educational purposes.                                  smith or dealer in firearms duly licensed by the
   (a) Any weapon which has been modified to               Rifle - A weapon designed or redesigned,           State of New York or the United States;
render it permanently inoperable or permanently        made or remade and intended to be fired from               (3) A person voluntarily surrendering the
make it a device no longer defined as an "as-          the shoulder and designed or redesigned and            same in accordance with the provisions of §
sault weapon";                                         made or remade to use the energy of the ex-            265.20 of the Penal Law;
   (b) Weapons that do not use cartridges or           plosive in a fixed metallic cartridge to fire only a       (4) A person disposing of a licensed firearm in
shells;                                                single projectile through a rifled bore for each       accordance with law;
   (c) Manually operated bolt-action weapons,          single pull of the trigger.                                (5) Disposition by intestate or testamentary
lever-action weapons, slide-action weapons or              Shotgun - A weapon designed or redesigned,         bequest; or
single-shot weapons;                                   made or remade and intended to be fired from               (6) A person disposing of a rifle, shotgun, air
   (d) Multiple-barrel weapons, revolving-cylin-       the shoulder and designed or redesigned and            gun or ammunition to a family member.
der weapons except shotguns, weapons that              made or remade to use the energy of the explo-             F. No person shall possess an assault wea-
use exclusively a rotary Mannlicher-style maga-        sive in a fixed shotgun shell to fire through a        pon or an ammunition feeding device in the city.
zine; or                                               smooth bore either a number of ball shot or a          This prohibition shall not apply to:
   (e) Any antique firearm as defined in § 265.00      single projectile for each single pull of the              (1) A police officer or peace officer authorized
of the New York State Penal Law or any curio or        trigger.                                               to possess the same;
relic as defined under United States law which is          C. No person shall possess a loaded or un-             (2) A person in the military service of the
possessed by a licensed collector in accordance        loaded firearm, rifle, shotgun or air gun, or a        State of New York or the United States when
with United States Law.                                dagger, dangerous knife, dirk, razor or stiletto, in   duly authorized to possess the same;
   Dispose Of - To dispose of, give away, give,        a public place or public facility in the city. This        (3) A person voluntarily surrendering the
lease, loan, keep for sale, offer, offer for sale,     prohibition shall not apply to:                        same in accordance with the provisions of §
sell, transfer or otherwise dispose of.                    (1) A police officer or peace officer authorized   265.20 of the Penal Law; or
   Drug - Any substance listed in § 3306 of the        to possess the same;                                       (4) A gunsmith or dealer in firearms duly
Public Health Law of the State of New York.                (2) A government employee or licensed              licensed by the State of New York or the United
   Dwelling - As defined in Chapter 120 of the         security guard authorized or required by employ-       States for weapons to be used by police officers
Municipal Code, Zoning Code.                           ment or office to possess the same while acting        or persons in the military service or for delivery
   Firearm - Any pistol or revolver; or a shotgun      within the scope of such employment;                   outside of the city.
having one (1) or more barrels less than eigh-             (3) A person in the military service of the            G. No person shall dispose of an assault wea-
teen (18) inches in length or any weapon made          State of New York or the United States when            pon or ammunition feeding device in the city.
from a shotgun (whether by alteration, modifica-       duly authorized to possess the same;                   This prohibition shall not apply to:
tion or otherwise) if such weapon as modified              (4) A person transporting a rifle or shotgun in        (1) A person voluntarily surrendering the
has an overall length of less than twenty-six (26)     a motor vehicle in the city in accordance with the     same in accordance with the provisions of §
inches; or a rifle having one (1) or more barrels      provisions of § 11-0931, Subdivision 2, of the         265.20 of the Penal Law; or
less than sixteen (16) inches in length or any         New York State Environmental Conservation                  (2) A gunsmith or dealer in firearms duly
weapon made from a rifle (whether by alteration,       Law, or otherwise transporting an unloaded rifle,      licensed by the State of New York or the United
modification or otherwise) if such weapon as           shotgun or air gun in the city, provided that the      States for weapons to be used by police officers
modified has an overall length of less than twen-      same is completely enclosed or contained in a          or persons in the military service or for delivery
ty-six (26) inches. For purposes of this definition,   nontransparent carrying case and either:               outside of the city.
the length of the barrel on a shotgun or rifle shall       (a) Said carrying case is locked; or                   H. No person shall carry a firearm, shotgun,
be determined by measuring the distance be-                (b) A locking device is attached to the weapon     rifle or air gun in the city while such person has
tween the muzzle and the face of the bolt,             and locked in a manner so as to prevent the            one-tenth of one per centum (1/10 of 1%) or
breech or breechlock when closed and when the          weapon from being fired;                               more by weight of alcohol in the person's blood
shotgun or rifle is cocked; the overall length of a        (5) An authorized person who, for the purpose      as shown by chemical analysis of the person's
weapon made from a shotgun or rifle is the dis-        of shooting practice, possesses a weapon at an         blood, breath, urine or saliva.
tance between the extreme ends of the weapon           established target range in a public place other           I. No person shall carry a firearm, shotgun,
measured along a line parallel to the center line      than a park or public facility;                        rifle or air gun in the city while in an intoxicated
of the bore. Such definition, except as otherwise          (6) A person voluntarily surrendering the          condition.
indicated, shall include both loaded and un-           same in accordance with the provisions of §                J. No person shall carry a firearm, shotgun,
loaded firearms, except that it shall not include      265.20 of the Penal Law; or                            rifle or air gun in the city while the person's abil-
                                                                                                                                                        Page 329
ity to safely carry such weapon is impaired by             Dispose Of - Dispose of, give, give away,           purposes consistent with the formation of the or-
the use of a drug.                                     loan, offer for sale, sell, transfer and otherwise      ganization, nor any persons, corporations, part-
    K. Any person who carries a firearm, shotgun,      dispose of, except to police or military units.         nerships or other entities and their employees
rifle or air gun in this city shall be deemed to           Handgun - A firearm originally designed to be       that, as a business, are principally engaged in
have given consent to a breath test and a chem-        fired by the use of a single hand.                      the service and/or repair of electronic equipment
ical test of the person's breath, blood, urine or          Person - Natural person, firm, partnership,         or component parts thereof and who, from time
saliva for the purpose of determining the alco-        corporation or company.                                 to time, sell electronic equipment or component
holic or drug content of the person's blood, pro-          Restricted Handgun Bullet - A handgun pro-          parts thereof, which have been left for repair and
vided that any test is administered at the di-         jectile that is capable of penetrating armor, in-       later abandoned.
rection of a police officer having reasonable          cluding body armor as defined herein, and is               (2) The sale of secondhand goods at events
grounds therefor. …                                    comprised of a projectile whose composition in-         commonly known as "garage sales," "yard
    L. [Note: This section was found unconsti-         cludes any components having a hardness of 70           sales," or "estate sales" provided:
tutional.]                                             or greater on the Rockwell B hardness scale,               (a) The sale is held on noncommercial prop-
    M. Discharge of weapons; permits. ...              specifically the Czechoslovakian manufactured           erty;     (b) None of the items offered for sale
    N. The owner of a firearm, shotgun, rifle, as-     9-millimeter; and all KTW teflon-coated pro-            have been purchased for resale;              (c) The
sault weapon, machine gun or submachine gun,           jectiles.                                               owner of the property receives all proceeds; and
which becomes lost or stolen, shall report the            233-3. Prohibited acts.                              (d) The sale period is no longer than 72 hours.
loss or theft to the Rochester Police Depart-              A. Any person who, with intent to injure or kill,   At no time shall the property owner be permitted
ment within 24 hours after the loss or theft is dis-   or whoever, during and in relation to the com-          to conduct more than two events within a twelve-
covered or reasonably should be discovered.            mission of a crime of violence for which he may         month period.        (3) Secondhand books, comic
The owner of such a weapon shall store the             be prosecuted in court, including a felony which        books, magazines, post cards, and postage
weapon in a safe and secure manner as re-              provides for an enhanced punishment if com-             stamps.
quired in Subsection D of this section and shall       mitted by the use of a dangerous weapon or de-             Department - The Office of Consumer Affairs.
check such weapon at least once each week, or          vice, uses or carries any handgun loaded with              Proper Identification - Identification docu-
immediately upon returning to the city if the own-     armor-piercing ammunition, as defined herein,           ments that contain the person's name and either
er is absent from the city for more than one           shall, in addition to the punishment provided for       a photograph or a physical description of said
week. Failure to perform such a check shall not        the commission of such felony, be sentenced to          person. Social security cards, draft registration
be a defense to a prosecution for a violation of       a term of imprisonment for not less than six            cards, voter registration cards and comparable
this subsection.                                       months.                                                 documents shall not be considered sufficient
    O. Notwithstanding the penalties contained in          B. No dealer shall dispose of any restricted        identification for the purpose of this article.
§ 47-8, a violation of any provision of this section   handgun bullet or bullets in Suffolk County, ex-           Secondhand Article - An article or object
shall be punishable by a fine not to exceed one        cept to police or military units.                       which:
thousand dollars ($1,000.) or by imprisonment              233-4. Penalties for offenses. Any person              A. Has been previously sold at retail; or
not to exceed one hundred eighty (180) days, or        convicted of violating this chapter shall be               B. Has been previously used or is not in a
by both such fine and imprisonment. …                  deemed guilty of a misdemeanor punishable by            new condition.
    47-8. Penalties. Any person or corporation         a fine not exceeding $1,000 or by imprisonment             345-48. License required; display
violating any of the provisions of this chapter        for not more than six months, or by both such              A. No person shall engage in any business as
shall, upon conviction be punishable by a fine         fine and imprisonment. Notwithstanding any oth-         a dealer in secondhand articles without obtain-
not exceeding $150, or by imprisonment not ex-         er provision of law, the court shall not suspend        ing a license therefor from the office in accord-
ceeding 15 days, or by both such fine and im-          the sentence of any person convicted of a viola-        ance with and subject to the provisions of this
prisonment, or by a penalty of not less than $5        tion of this chapter nor place him on probation,        article and Article I.
nor more than $500 to be recovered by the City         nor shall the term of imprisonment run concur-             B. A licensee shall display the license ob-
of Rochester in a civil action.                        rently with any other term of imprisonment, in-         tained pursuant to this article in the establish-
                                                       cluding that imposed for the felony in which the        ment. If a licensee shall maintain more than one
[Code of the City of Rochester current as of           armor-piercing handgun ammunition was used              establishment within the County of Suffolk, he
Jan. 15, 2008]                                         or carried. No person sentenced under this sec-         shall obtain duplicate licenses. The fee for dupli-
                                                       tion shall be eligible for parole.                      cate licenses are set forth in § 345-49B.
                                                                                                                  C. No applicant for a license renewal shall
            Laws of Suffolk County                          Chapter 345. Licensed Occupations                  have any outstanding judgment for child support
                                                                                                               against him or her, or be in arrears in child-sup-
    Chapter 233. Bullets, Armor-Piercing                 Article V. Dealers in Secondhand Articles             port payments as determined by official court
                                                                                                               records or official government records, at the
   233-1. Purpose. It is the intent of the Suffolk        345-47. Definitions. As used in this article,        time an application is filed for such license re-
County Legislature to restrict the possession,         the following terms shall have the meanings in-         newal. …
disposition and use of certain handgun bullets         dicated:                                                   345-49. Fees.
that are designed primarily for the purpose of            Antique Firearms - Any unloaded muzzle-                 A. An application fee of $25 shall accompany
armor penetration so as to give law enforcement        loading pistol or revolver with a matchlock, flint-     each application for a dealer in secondhand art-
personnel a reasonable degree of protection            lock, percussion cap or similar type of ignition        icles license.
from penetration of body armor. This chapter is        system, or a pistol or revolver which uses fixed           B. The fee for a duplicate license for an addi-
not intended to restrict the availability of ammu-     cartridges which are no longer available in the         tional dealer in a secondhand articles establish-
nition for personal defense, sporting or hunting       ordinary channels of commercial trade.                  ment shall be $50 per annum. It may be re-
purposes.                                                 Business Day - Any calendar day except               newed biennially for a fee of $100.
   233-2. Definitions. As used in this chapter,        Sunday or any County holiday.                              C. The fee for a dealer in secondhand articles
the following terms shall have the meanings in-           Dealer in Secondhand Articles:                       license or renewal thereof shall be $200 per
dicated:                                                  A. Any person, corporation, partnership or           annum.
   Body Armor - Commercially available soft,           other entity and its employees that, as a busi-            345-50. Required records.
bullet-resistant apparel with a penetration resist-    ness, transacts more than five deals in the pur-           A. Each licensee shall keep records, legibly
ance equal to or greater than body armor classi-       chase or sale of the following articles within a        written in English, in a bound book. All entries
fied as Threat Level Class II that complies with       twelve-month period:                                    shall be made in ink at the time of each transac-
New York State Industrial Code Rule 55 or Na-             (1) Antique firearms.                                tion and shall include the computer transaction
tional Institute of Law Enforcement and Criminal          (2) Rifles.                                          number. Each transaction shall also include:
Justice Standard 0101.01, dated May 1978.                 (3) Shotguns. …                                         (1) An accurate account and description of the
   Dealer - Any person engaged in the business            B. Exempted operations:                              article or thing bought, including but not limited
of selling ammunition at wholesale or retail who          (1) "Dealer in secondhand articles" shall not        to the make, model, color and serial number
is licensed under Chapter 44 of Title 18 of the        include any organizations formed for charitable         when present.
United States Code.                                    purposes, which accept donations of second-                (2) The amount paid for the article.
                                                       hand articles and resell them to raise funds for           (3) The date of transaction.
                                                                                                                                                        Page 330
   (4) The name, home residence, date of birth,         item that has had its serial number removed.              Magazine - Any building or structure ap-
sex and race of the person selling the items.           E. No article shall be purchased from a person         proved for the storage of explosives. …
   (5) The type of identification produced by the       who appears to be intoxicated or of unsound               Small Arms Ammunition - Includes any
person selling the article.                             mind.                                                  shotgun, rifle, pistol or revolver cartridges, per-
   (6) The signature of the person identified in           345-53. Required reports.                           cussion caps and primers. …
the transaction.                                           (A) Every person so licensed as a dealer in            59-55. General requirements.
   B. No alterations or erasures are to be made         secondhand articles shall report to the Police            A. The manufacture of explosives and small
to records. Erroneous entries are to have a             Commissioner or Chief of Police, on or before          arms ammunition is prohibited in the City of
simple line drawn through them and the cor-             the end of each business day in a form ap-             Yonkers.
rected entry made on the next line.                     proved and supplied by the Commissioner of                B. No person shall possess, keep, store, sell,
   C. The records shall be retained in the pos-         Police, the information described in § 345-50 of       offer for sale, give away, use, discharge, trans-
session of the licensee for at least three years.       this article.                                          port or dispose of in any manner any explosives
   D. A written receipt shall be issued to the sell-       B. On or after March 1, 2004, any required re-      within the City of Yonkers, except by the author-
er with the serial number of the transaction and        port shall be filed electronically.                    ity of a written license as provided in this article.
the information required in Subsections A, B and           345-54. Temporary license pending issu-             …
C of this section.                                      ance of permanent license.                                D. No person shall discharge any explosives,
   345-51. Inspection of records and books.                A. The Office shall issue a temporary license       except small-arms ammunition and construction
All records required to be kept pursuant to this        to any applicant for a dealer in secondhand art-       devices such as explosive rivets and explosive-
article shall be open for inspection by the Office      icles license if the Office has not, within 30 days    driven pins or studs, for purposes other than
of Consumer Affairs, the Police Commissioner, a         after receipt of the application for such license,     blasting or demolition operations.
Chief of Police or any officer or employee duly         approved or disapproved such application.                 E. No person shall sell or give away any ex-
authorized by them.                                        B. The temporary license shall be valid for a       plosive, except small-arms ammunition and con-
   345-52. Prohibited acts.                             period of 90 days. If within such ninety-day peri-     struction devices such as explosive rivets and
   A. No article purchased by a dealer in sec-          od the Office shall have failed to approve or          explosive-driven pins or studs, to any person not
ondhand articles shall be sold or otherwise dis-        disapprove the application, the Office shall then      in possession of a license to either possess,
posed of until the expiration of at least 21 busi-      issue a regular license to the applicant. If the ap-   transport or use explosives as required by this
ness days from the date of purchase.                    plication is approved during the term of the tem-      article.
   B. All articles subject to this holding period       porary license, the Office shall then issue a reg-        F. Encasement. Except while blasting, no
shall be available for inspection by the Director       ular license to the applicant.                         person shall possess or store explosives, unless
of the Office of Consumer Affairs, the Police              C. The fee for a temporary license shall be         such explosives are completely enclosed or en-
Commissioner, the Chief of Police or any officer        $50. The fee for a regular license issued to re-       cased in tight metal, wooden or fiber containers.
duly authorized by them.                                place a temporary license shall be $150.               A person having possession or control of an ex-
   C. Purchases or sales between licensed sec-             D. A regular license issued pursuant to the         plosive shall under no circumstances permit any
ondhand dealers shall be exempt from the provi-         provisions of Subsection B shall expire on the         grains or particles of it to remain on the outside
sions of this section only if evidence of full com-     last day of the 24th month following the issuance      of or about its container. Every container shall
pliance with all provisions and conditions set          of the temporary license.                              be plainly marked with the name of the explosive
forth in this article is obtained by the purchasing        345-54.1. Required bond. Notwithstanding            contained therein.
secondhand dealer from the selling secondhand           the provisions of § 345-11A(4) herein, every ap-
dealer in the form of a receipt. This receipt shall     plicant for a dealer in secondhand-articles li-                     Article V. Ammunition
be retained by the purchasing secondhand deal-          cense shall submit a five-thousand-dollar bond,
er for the period required by § 345-50C hereof.         or for renewal of a license, evidence of a bond            59-90. Definitions. As used in this article,
   345-52.1. Police order to hold property.             issued in favor of the licensee. This bond shall       terms shall be defined as follows:
   A. Investigative hold. Whenever a law en-            be for the purpose of guaranteeing payments up             Ammunition - A metal or other shell contain-
forcement or consumer affairs official notifies a       to the face amount of the bond for bank drafts or      ing a fulminate or containing black or smokeless
licensee not to sell an item, the item shall not be     other negotiable instruments issued by the licen-      powder for the purpose of propelling projectiles
sold or removed from the premises. The investi-         see in exchange for the purchase of second-            or shot. The term shall also include black or
gative hold shall be confirmed in writing by the        hand articles. All bonds shall be conditioned that     smokeless powder packed for use as a pro-
originating agency within 72 hours and shall re-        the licensee will observe all laws in relation to      pelling charge or for saluting purposes.
main in effect for 15 days from the date of initial     precious metal dealers and will conduct busi-              Small-Arms Ammunition - Any shotgun,
notification or until the investigative order is can-   ness in conformity thereto. Such bond shall re-        rifle, pistol or revolver cartridges, and shall in-
celled, or until an order to hold is issued, which-     main in full force during the entire period for        clude percussion caps and primers.
ever comes first.                                       which the license is valid.                                59-91. Manufacture prohibited. It shall be
   B. Order to hold. Whenever the Commis-                                                                      unlawful to manufacture ammunition or small-
sioner of Police, a Police Chief, or Director of        [Laws of Suffolk County current as of         Dec.     arms ammunition in the City of Yonkers.
Consumer Affairs notifies a licensee not to sell        10, 2007]                                                  59-92. Power machinery prohibited. It shall
an item, the item shall not be sold or removed                                                                 be unlawful for any person to load ammunition
from the licensed premises until authorized to be                                                              or small-arms ammunition by power machinery
released by the aforementioned individuals or                     Code of the City of Yonkers                  in the city.
their designees. The order to hold shall expire                                                                    59-93. Permit for storage and sale.
90 days from the date it is placed. C. When an                       Chapter 59. Fire Code                         A. It shall be unlawful for any person to store
item is placed on hold, the person doing so shall                    Article IV. Explosives                    or sell or offer for sale any ammunition or small-
provide identification and provide the licensee                                                                arms ammunition within the city without a permit
with the name and phone number of the holding           59-54. Definitions. Terms used in this article         from the Fire Commissioner.
agency and the case number related to the hold          shall be defined as follows: …                             B. The permit shall state the location of the
order.     D. When an order to hold is no longer           Explosive - Any chemical compound, mixture          premises, the maximum amount of ammunition
necessary, the licensee shall be notified in            or device, the primary or common purpose of            to be stored at any time and such other infor-
writing by the requesting agency.                       which is to function by explosion. The term "ex-       mation as the Fire Commissioner may deem
   345-52.2. Prohibited acts.                           plosive" shall include all material which is classi-   necessary.
 A. No article shall be purchased from a person         fied as Class A, Class B or Class C explosives             59-94. Application for permit. Permits for
who is unable to produce proper identification.         by the Interstate Commerce Commission and in-          the storage and sale of ammunition or small-
 B. The acts enumerated in this section are not         cludes but is not limited to dynamite, black blast-    arms ammunition may be issued by the Fire
exclusive. Article I of this chapter also applies.      ing powder, pellet powders, initiating explosives,     Commissioner upon written application giving in
C. No article shall be purchased from a person          blasting caps, electric blasting caps, safety fuse,    detail the following information:
under the age of 18 without the written consent         fuse igniters, fuse lighters, squibs, cordeau deto-        A. The name and address of the applicant.
of his parent or guardian.                              nant fuse, instantaneous fuse, igniter cord and            B. The location of the premises.
D. No article shall be purchased that possesses         igniters. …                                                C. The nature of construction of the building.
an altered or obliterated serial number or any
                                                                                                                                                         Page 331
   D. Other purposes for which the building is          force is a spring or air, except that the sale of        their general welfare from individuals, both
used.                                                   such instruments, if accompanied by delivery to          adults and juveniles are prohibited from using
   E. The nature of the business in which the           a point without the city, and possession for such        imitation, toy and inoperable pistols, revolvers,
applicant is engaged in such building.                  purpose shall not be unlawful if such person             guns and other weapons of any type that may
   F. The maximum quantity and description of           shall have secured an annual license from the            be readily mistaken for real guns, pistols, revolv-
the ammunition to be stored and sold.                   Police Commissioner of the City of Yonkers               ers or weapons which are used or could be
   59-95. Permit fees. For a permit allowing the        authorizing such sale and possession.                    usable for nefarious purposes or as threats or
storage and sale of ammunition or small-arms                74-2. Record of sales. All persons dealing in        potential threats to life, limb and property.
ammunition as provided in this article, the appli-      such instruments referred to in this chapter shall          B. This section is not intended to forbid or re-
cant shall pay an annual permit fee.                    keep a record showing the name and address of            strict the sale, possession or use of true and ac-
   59-96. Storage and sale in designated loca-          each person purchasing such instrument or                tual toy pistols, guns, revolvers or other weap-
tions prohibited. No permit for the storage and         instruments, together with the place of delivery,        ons, provided that the same are not substantial
sale of ammunition or small-arms ammunition             and said record shall be open to inspection              duplicates of actual pistols, guns, revolvers or
shall be issued for any of the following premises:      during regular business hours by the officers of         weapons in appearance.
   A. Premises which are occupied as a tene-            the Police Department of the city.                          C. It shall be unlawful for any person to pos-
ment house, school, theater or other place of              74-3. Issuance of license. The Police Com-            sess or use or attempt to use any imitation, toy
public amusement or assembly.                           missioner is hereby authorized to issue, in his          or inoperable pistol, revolver, gun, firearm or any
   B. Premises which are used as a drugstore,           discretion, upon payment of a license fee in the         other weapon which substantially duplicates an
paint store, pawnshop or stationery store.              amount of ten dollars ($10.), an annual license          actual pistol, revolver, gun, firearm or other
   C. Premises which are artificially lighted by        authorizing the sale and possession of such in-          weapon unless said imitation, toy or inoperable
any means other than electricity.                       struments for delivery to a point without the city.      item or instrument shall be colored in colors oth-
   D. Premises where cigars, cigarettes or to-              74-4. Pistol permit; registration; fee. The          er than blue, black, grays, silver or aluminum,
bacco are stored or kept for sale.                      Police Commissioner may also issue a permit              and further provided, if resembling a gun or oth-
   E. Premises where liquors are sold.                  for a spring-, gas- or air-operated pistol to any        er firearm, that the barrel of said item shall be
   F. Premises where dry goods or other mate-           person who holds a current New York State pis-           closed with the same material of which the item
rials of a highly flammable nature are manufac-         tol permit. Said pellet gun shall be registered in       itself is made for a distance of not less than one-
tured, stored or kept for sale.                         the same manner as all other pistols, and the            half (1/2) inch from the front end of the barrel of
   59-97. Storage of ammunition.                        cost for said permit shall be one dollar ($1.).          said item.
   A. The Fire Commissioner shall fix the maxi-             74-6. Rifles and shotguns; penalties for                D. The provisions of Subsection C shall not
mum quantity of ammunition and small-arms               offenses.                                                apply to possession or display of such an instru-
ammunition to be stored in any premises for                 A. It shall be unlawful for any person to carry      ment by a licensed manufacturer or dealer of the
which a permit is issued, which quantity shall be       or possess a loaded rifle or shotgun, as those           same, used solely in connection with his or her
stated in the permit. No permit shall be issued         terms are defined in Penal Law § 265.00, in pub-         business. Further, any said instrumentalities
for the storage of ammunition or small-arms am-         lic within the city limits. Any violation of this sub-   used in theatrical productions licensed in ad-
munition greater than the following:                    section shall constitute a Class I offense.              vance by the City of Yonkers shall also be ex-
   (1) One hundred thousand (100,000) loaded                B. It shall be unlawful for any person to carry      empted when possessed, displayed and used in
shells containing shot for shotguns not exceed-         or possess an unloaded rifle or shotgun, as              connection with said licensed theatrical pro-
ing No. 8 gauge.                                        those terms are defined in Penal Law § 265.00,           ductions.
   (2) Two hundred thousand (200,000) cart-             in public within the city limits unless such rifle or       E. Any violation of this section shall constitute
ridges for pistols.                                     shotgun is completely enclosed or contained in a         a Class I offense.
   (3) Two hundred thousand (200,000) cart-             nontransparent carrying case or a cover. Any                74-8. Unlawful to possess bows in public;
ridges for rifles, of a caliber not larger than fifty   violation of this subsection shall constitute a          exceptions.
hundredths (.50) of an inch.                            Class II offense.                                           A. It shall be unlawful for any person to carry
   (4) One million (1,000,000) percussion caps              C. The above provisions shall not apply to           or possess a crossbow of any type,
or primers without anvils.                              persons in the military service of the State of          configuration or manufacture in public anywhere
   B. Ammunition and small-arms ammunition              New York, when duly authorized by regulations            in the City of Yonkers. It shall be unlawful for
shall be kept out of the reach of the public. All       issued by the Chief of Staff to the Governor to          any person to carry or possess any recurve bow
ammunition and small-arms ammunition that is            possess the same, or to peace officers, as de-           or compound bow with a draw weight exceeding
in excess of what is allowed to be kept on              fined in § 1.20, Subdivision 33, of the Criminal         35 pounds in a public place anywhere in the City
shelves or showcases shall be stored in an ap-          Procedure Law, or to participants in special             of Yonkers.
proved metal cabinet or vault, the location of          events when authorized by the Police Commis-                 B. The above provision shall not apply to
which shall be approved by the Fire Commis-             sioner.                                                  persons carrying a longbow. The above
sioner.                                                     D. The above provisions shall not apply to           provision shall not apply to persons carrying or
   59-98. Display and storage of ammunition             persons possessing or carrying a rifle or shotgun        possessing recurve bows or compound bows in
restricted. It shall be unlawful for the holder of a    at a rifle range for which a license has been ob-        a carrying case or carrying or possessing
permit for the storage and sale of ammunition or        tained from the Police Commissioner or to per-           recurve bows or compound bows to, from, or at
small-arms ammunition to store or exhibit in the        sons possessing or carrying a rifle or shotgun on        a firing range or competition where authorized or
windows or doors of the premises covered by             their own premises.                                      operated by the City of Yonkers or where such
the permit any cartridges or shells containing ex-          74-7. Possession of imitation or inoperable          bow shooting is permitted. The above provision
plosives.                                               guns, firearms and weapons prohibited.                   shall not apply to persons carrying or
   59-99. Permit fee for use of blank cart-                 A. The City Council finds and declares that          possessing a recurve or compound bow on their
ridges. The Fire Commissioner may issue a               there exists a danger to life, person and property       premises or private property.
permit allowing the use of blank cartridges in          in the City of Yonkers, especially on city-owned
connection with performances in duly authorized         and -operated property and in the city public            74-9. Penalties for offenses.
theaters or places of amusement or for saluting         schools, with the possession and/or use of guns,          Except as otherwise provided, any violation of
purposes. The applicant shall pay an annual             firearms and weapons which are a replica of and          this chapter shall constitute a Class II offense.
permit fee, except that no fee shall be charged         cannot be easily distinguished from actual guns,         Any violation of § 74-8 wherein it is alleged that
for a permit for saluting purposes issued to the        firearms and weapons. The possession and, at             the person or persons committing the offense
Grand Army or any other military or patriotic           times, use by simply displaying one of these imi-        caused injury to a person or an animal through
body.                                                   tation and/or inoperable guns, firearms and              the use of a crossbow, recurve bow or
                                                        weapons has caused damage to life, limb and              compound bow shall be a Class I offense.
              Chapter 74. Firearms                      property in the City of Yonkers since the Penal
                                                        Law of the State of New York does not extend
    74-1. License required to sell air guns. It         its coverage to this area. Through the exercise          [Code of the City of Yonkers current as of
shall be unlawful for any person to sell, offer to      of the police power granted to municipal govern-         May. 15, 2007]
sell or have in his possession any air pistol or air    ments and in order to afford the residents of the
rifle or similar instrument in which the propelling     City of Yonkers greater safety and to protect
                                                                                                                                                          Page 332

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:2
posted:9/14/2012
language:Unknown
pages:28