How to Sell a Gun in Kings County New York?
How to Sell a Gun in Kings County New York?
Kings County, New York has some of the strictest gun laws in the United States. The state of New York has implemented various laws and regulations on firearms transactions to ensure that they are sold safely and to prevent individuals who are not legally allowed to own firearms from obtaining them.
To help current gun owners navigate the laws and inform potential buyers about the regulations in place, Dunlap Gun Buyers is providing this blog to help New Yorkers better understand the gun buying process.
The following information is compiled from various government entities from the state of New York.
What Are the Requirements for Legally Owning a Firearm in Kings County?
All individuals who want to buy a firearm in New York must undergo a background check. This requirement applies to all firearms, including long guns (rifles and shotguns) and handguns. Under New York law, a licensed dealer must initiate a National Instant Criminal Background Check System before selling a firearm to an individual.
In addition to the federal background check, New York State requires individuals to apply for a license to purchase a firearm. The license to purchase is issued by the New York State Police and requires a background investigation.
In New York, a license is required to purchase a handgun, which is a pistol or a revolver, but a license is not needed for purchasing a shotgun or certain rifles.
In order to be eligible for a firearms license in New York, a person needs to be 21 years old, a resident of the state and have no prior felony or serious offense convictions.
New York Firearms Licensing Polices
In New York, a license is required to purchase a handgun. However, a license is not needed for purchasing long guns, but a permit is required. A firearms license is a state license; however, it is issued under the authority of county licensing officers. An applicant must decide what type of license will be sought. The cost varies by each county and can be a lengthy process.
Any person with a handgun license or a registered assault weapon in the state must re-certify every five years through the local county government.
New York City has its own rules and process for purchasing and carrying firearms. To own a handgun, gun owners need a valid City handgun license. To own a rifle or shotgun, a permit is required. Both are issued by the New York Police Department License Division.
To travel to New York City from elsewhere in the state and carry a firearm, a person needs an additional license granted by the New York City Police Commissioner.
Any person with a handgun license or a registered assault weapon in the state must re-certify every five years through the local county government.
As of 2018, the NYPD License Division will only be accepting on-line applications for handgun licenses, rifle/shotgun permits, and renewals, at the “NYPD Permitting & Licensing” public portal. Applications on paper will no longer be accepted.
To access the portal and learn more about applying on-line (on the computer) for a handgun license or a rifle/shotgun permit, visit https://licensing.nypdonline.org.
The New York SAFE Act
The Secure Ammunition Firearms Enforcement Act prevents criminals and the dangerously mentally ill from buying guns, cracks down on illegal guns and bans “assault weapons.”
In New York, the 2013 SAFE Act made it more difficult for mentally ill people to obtain guns by requiring mental health professionals to report to local mental health officials if patients are likely to harm themselves or others. These concerns can be reported to the state Division of Criminal Justice Services, which can “disqualify” people from having a permit or possessing firearms.
Below are criteria the NY SAFE law defines “assault weapons.”
A handgun is considered an assault weapon if it is semiautomatic and has the ability to accept a detachable magazine and has one or more of the following military characteristics:
- Folding or telescoping stock.
- Thumbhole stock.
- Second handgrip or protruding grip that can be held back by a non-trigger hand.
- Capacity to accept an ammunition magazine that attaches to the pistol outside the pistol grip.
- A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer.
- A shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned.
- A manufactured weight of 50 ounces or more when unloaded.
Here is a list of handguns that are not considered assault weapons in New York.
A rifle is considered an assault weapon if it is semiautomatic and capable of receiving detachable magazines, and has one or more of the following military characteristics:
- Folding or telescoping stock.
- Protruding pistol grip.
- Thumbhole stock.
- Second handgrip or protruding grip that can be held back by a non-trigger hand.
- Bayonet mount.
- Flash suppressor.
- Muzzle break.
- Muzzle compensator.
- A threaded barrel to accommodate the four previous features.
- A grenade launcher.
Here is a list of rifles not considered assault weapons in New York.
A shotgun is considered an assault weapon if it is semiautomatic and has one of the following military characteristics:
- Folding or telescoping stock.
- Thumbhole stock.
- Second handgrip or protruding grip that can be held back by a non-trigger hand.
- A fixed magazine capacity of more than seven rounds.
- Ability to accept a detachable magazine.
Here is a list of shotgun not considered assault weapons in New York.
There are exemptions to the assault weapon ban, such as for law enforcement officers and for individuals who possess assault weapons that were lawfully owned before the ban went into effect in 2013.
How to Conduct a Private Transaction?
The NY SAFE Act also tightened existing regulations by implementing universal background checks for buying, transferring and selling firearms. It extended the NICS background check to private sales as well unless the sale or transfer is between immediate family members.
Since March 15, 2013, a background check of a buyer or transferee of a firearm must be performed by a federal firearms licensee (“FFL”) before a firearm is sold or transferred by a private individual.
Antique Guns & Magazines
New York State law also restricts the maximum capacity of a firearm magazine. The maximum capacity is ten rounds for all firearms, except for .22 caliber rifles. Violations of the magazine capacity restrictions can result in criminal charges.
According to the NY SAFE ACT, any magazine or gun manufactured more than 50 years ago is considered an antique. Additionally, they are exempt from the prohibition against transfer, but if the gun qualifies as an assault weapon or the magazine holds more than ten rounds it must be registered.
Save the Hassle, Sell your Gun to CashMyGun.com
If the hassle of navigating the New York’s gun laws seems overwhelming, we’re excited to tell you that there’s a better way!
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Just tell us which gun(s) you’d like to sell, we’ll make you an offer, and once we agree on a price, you’ll mail us your gun(s) with all expenses paid by us. When we receive your gun(s), we get you paid with a check in your hand within a few days.
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“DISCLAIMER”
The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 04/26/23 from https://safeact.ny.gov/ https://gunsafety.ny.gov/resources-gun-dealers https://www1.nyc.gov/site/nypd/services/law-enforcement/permits-licenses-firearms.page https://troopers.ny.gov/firearms