New York Gun Laws & How To Sell a Gun in New York
New York gun owners quickly learn that New York state firearm laws can be tricky to navigate, especially for first-time buyers and sellers. Buying or selling a gun in The Empire State can be a long-winded process that’s time-consuming and frustrating. Because of the complexities and strict regulations surrounding firearm sales and transfers in New York, CashMyGuns.com is providing this guide to help navigate some of these policies.
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 New York?
When a person purchases a gun from a licensed firearms dealer, he or she must pass a federal background check through the National Instant Criminal Background Check System at the point of 
sale.
In New York state, excluding New York City, 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 a rifle.
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.
The NY 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.
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.
How to Conduct a Private Transaction?
The 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.
Firearms Licensing
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.
Antique Guns & Magazines
According to the 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.
What are the Qualifications of Owning a Firearm in New York?
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
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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 08/04/21 from https://safeact.ny.gov/ https://www1.nyc.gov/site/nypd/services/law-enforcement/permits-licenses-firearms.page https://portal.311.nyc.gov/article/?kanumber=KA-01307 https://www.cityandstateny.com/articles/policy/criminal-justice/guide-new-yorks-gun-regulations.html https://portal.311.nyc.gov/article/?kanumber=KA-01683