Verified Firearm Specifications

NY1054 — extra time

Citation: McKinney's Penal Law § 400.20

When a national instant criminal background check is required pursuant to state or federal law to be conducted through the National Instant Criminal Background Check System (NICS) or its successor in connection with the sale or transfer of a rifle or shotgun to any person, before delivering a rifle or shotgun to such person, either (a) NICS has issued a “proceed” response to the seller or transferor, or (b) thirty...

NY1055 — extra time

Citation: McKinney's Penal Law § 400.20

When a national instant criminal background check is required pursuant to state or federal law to be conducted through the National Instant Criminal Background Check System (NICS) or its successor in connection with the sale or transfer of a rifle or shotgun to any person, before delivering a rifle or shotgun to such person, either (a) NICS has issued a “proceed” response to the seller or transferor, or (b) thirty...

NY1002 — private sales : point of sale

Citation: N.Y. Gen. Bus. Law Art. 39-DDD § 898

§ 898. Private sale or disposal of firearms, rifles and shotguns. 1. In addition to any other requirements pursuant to state and federal law, all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section unless such sale, exchange or disposal is conducted by a licensed importer, licensed manufacturer or licensed dealer, as those terms are defined in 18 USC §...

NY1004 — private sales : point of sale

Citation: N.Y. Gen. Bus. Law Art. 39-DDD § 898

§ 898. Private sale or disposal of firearms, rifles and shotguns. 1. In addition to any other requirements pursuant to state and federal law, all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section unless such sale, exchange or disposal is conducted by a licensed importer, licensed manufacturer or licensed dealer, as those terms are defined in 18 USC §...

NY1006 — sales from dealer

Citation: N.Y. Gen. Bus. Law Art. 39-DDD § 898

1. In addition to any other requirements pursuant to state and federal law, all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section unless such sale, exchange or disposal is conducted by a licensed importer, licensed manufacturer or licensed dealer, as those terms are defined in 18 USC § 922, when such sale, exchange or disposal is conducted pursuant to...

NY1046 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

NY1045 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

NY1067 — permit to purchase

Citation: N.Y. Penal Law § 400.00(2),(10)

2. Types of licenses. A license for gunsmith or dealer in firearms shall be issued to engage in such business. A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to (a) have and possess in his dwelling by a householder; (b) have and possess in his place of business by a merchant or storekeeper; (c) have and carry concealed while so employed by a messenger employed by...

NY1001 — permit to purchase

Citation: N.Y. Penal Law § 400.00 (4)

From the 2005 text: 4. Investigation. Before a license is issued or renewed, there shall be an investigation of all statements required in the application by the duly constituted police authorities of the locality where such application is made.

NY1005 — sales from dealer

Citation: N.Y. Penal Law § 400.00 (4)

From the 2005 text: 4. Investigation. Before a license is issued or renewed, there shall be an investigation of all statements required in the application by the duly constituted police authorities of the locality where such application is made.

NY1069 — shall issue

Citation: NEW YORK STATE RIFLE & PISTOL ASSN., INC. v. BRUEN

On June 23, 2022, the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ____ (2022) determined that “may issue” concealed carry laws were unconstitutional, though they explicitly stated that Delaware, Connecticut and Rhode Island’s versions of “may issue” laws were not unconstitutional.

NY1008 — may issue

Citation: N.Y. Penal Law § 400.00(2)(f)

A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to … (f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof.

NY1009 — traditional

Citation: N.Y. Penal Law § 35.15(2)

A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless: (i) in his or her dwelling and not the initial aggressor.

NY1050 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

NY1027 — safe storage

Citation: NY PENAL § 265.45

No person who owns or is custodian of a rifle, shotgun or firearm and knows, or has reason to know, that a person less than sixteen years of age is likely to gain access to such rifle, shotgun or firearm shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage...

NY1070 — negligent storage

Citation: N.Y. Penal Law §§ 265.45

1. No person who owns or is custodian of a rifle, shotgun or firearm who resides with an individual who: (i) is under eighteen years of age; (ii) such person knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm pursuant to a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules or 18 U.S.C.

NY1071 — state license requirement

Citation: N.Y. Penal Law §§ 400.00 (1a)(2)

1-a. No person shall engage in the business of gunsmith or dealer in firearms unless licensed pursuant to this section. An applicant to engage in such business shall also be a citizen of the United States, more than twenty-one years of age and shall be required to maintain a place of business in the city or county where the license is issued.

NY1072 — authorized

Citation: McKinney's CPL § 530.14

1. Suspension of firearms license and ineligibility for such a license upon issuance of temporary order of protection. Whenever a temporary order of protection is issued pursuant to subdivision one of section 530.12 or subdivision one of section 530.13 of this article the court shall inquire of the defendant and the prosecutor as to the existence and location of any firearm, rifle or shotgun reasonably believed to...

NY1080 — saturday night special ban

Citation: N.Y. Comp. Codes R. & Regs. tit. 9, § 482.1 - 482.7

482.5 All firearms manufactured or assembled pursuant to this Part shall meet the following material and parts specifications: (a) Basic structural component.

NY1077 — ban on high capacity magazines

Citation: NY PENAL § 265.37

It shall be unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition.

NY1013 — assault weapons ban

Citation: N.Y. Penal Law § 265.02(7)

A person is guilty of criminal possession of a weapon in the third degree when: (7) Such person possesses an assault weapon

NY1043 — assault weapons ban

Citation: N.Y. Penal Law § 265.02(7)

A person is guilty of criminal possession of a weapon in the third degree when: (7) Such person possesses an assault weapon

NY1076 — ban on high capacity magazines

Citation: NY PENAL § 265.02 (8); NY PENAL § 265.10

A person is guilty of criminal possession of a weapon in the third degree when: (8) Such person possesses a large capacity ammunition feeding device; 265.10 1. Any person who manufactures or causes to be manufactured any machine-gun, assault weapon, large capacity ammunition feeding device or disguised gun is guilty of a class D felony.

NY1073 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

NY1075 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

NY1079 — saturday night special ban

Citation: N.Y. Comp. Codes R. & Regs. tit. 9, § 482.1 - 482.7

482.5 All firearms manufactured or assembled pursuant to this Part shall meet the following material and parts specifications: (a) Basic structural component.

NY1078 — saturday night special ban

Citation: N.Y. Comp. Codes R. & Regs. tit. 9, § 482.1 - 482.7

482.5 All firearms manufactured or assembled pursuant to this Part shall meet the following material and parts specifications: (a) Basic structural component.

NY1058 — public and private : CCW not allowed

Citation: N.Y. Pen. Law § 265.01-a

A person is guilty of criminal possession of a weapon on school grounds when he or she knowingly has in his or her possession a rifle, shotgun, or firearm in or upon a building or grounds, used for educational purposes, of any school, college, or university

NY1059 — public and private : possession prohibited

Citation: N.Y. Penal Law § 265.01-a

A person is guilty of criminal possession of a weapon on school grounds when he or she knowingly has in his or her possession a rifle, shotgun, or firearm in or upon a building or grounds, used for educational purposes, of any school, college, or university

NY1060 — public and private : possession prohibited

Citation: N.Y. Penal Law § 265.01-a

A person is guilty of criminal possession of a weapon on school grounds when he or she knowingly has in his or her possession a rifle, shotgun, or firearm in or upon a building or grounds, used for educational purposes, of any school, college, or university

NY1081 — straw purchase - buyer liability

Citation: NY Penal Law. § 265.17(1)

A person is guilty of criminal purchase or disposal of a weapon when: … 2. Knowing that it would be unlawful for another person to possess a firearm, rifle or shotgun, or knowing that another person is the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense, he or she purchases or otherwise acquires a firearm, rifle or shotgun for, on behalf of, or for the...

NY1017 — purchase and sale

Citation: N.Y. Penal Law § 400 (1)(a),(2)

No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older.

NY1030 — youth possession

Citation: N.Y. Penal Law § 400

No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older.

NY1082 — purchase and sale

Citation: N.Y. Penal Law § 400 (1)(a),(2)

No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older.

NY1088 — youth possession

Citation: N.Y. Penal Law §§ 400.00(1)(a),(2); 265.65

Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true.

NY1083 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...