How to Sell a Gun in New York: A Comprehensive Guide of New York Gun Laws
How to Sell a Gun in New York: A Comprehensive Guide of New York Gun Laws
New York gun owners are familiar 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, Dunlap Gun Buyers is providing a guide to navigate New York gun laws.
The following information is compiled from various government entities from the state of New York.
What Selling Options do Gun Owners Have in New York?
There are a few ways gun owners can sell a firearm in a legal transaction:
- Gun owners can sell their firearm to a local dealer. This is a good way to help ensure gun owners are complying with gun laws in New York for firearm sales. However, sellers may be leaving money on the table by selling for much less than the gun’s actual market value.
- Gun owners can sell a firearm through a private transaction. However, since March 15, 2013, a background check of a buyer or transferee of a firearm must be performed by a Federal Firearms Licensed dealer before a firearm is sold or transferred by a private individual. If the sale or transfer is between immediate family members, a background check is not required.
- Another option if simply wanting to legally dispose of a firearm is surrendering it to local law enforcement. However, by doing this, gun owners potentially lose on hundreds or even thousands of dollars those guns could be worth in a sale.
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. Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm.
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 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.
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.
What are Considered “Assault Weapons” in New York?
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.
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.
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.
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.
Under current law, 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.
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.
Save the Hassle, Sell your Gun to Dunlap Gun Buyers
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!
You can safely, easily and legally sell your handgun or long gun to Dunlap Gun Buyers and be 100% compliant with New York gun laws.
We have a Federal Firearms Licensee, who is licensed by the U.S. Government to help people with selling and transferring of firearms. We take care of the hard part and make the process safe, quick and hassle-free. The reality is you can sell your gun without leaving the house.
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.
When you use Dunlap Gun Buyers, you get the following unbeatable benefits!
Free gun appraisal – Fair price for your gun – Free shipping
Easy shipment tracking throughout the whole process. Speedy payment!
Begin our safe and discrete process here.
“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 08/24/23 from www.gunsafety.ny.gov/ https://gunsafety.ny.gov/resources-gun-dealers www.gunsafety.ny.gov/resources-gun-owners https://www1.nyc.gov/site/nypd/services/law-enforcement/permits-licenses-firearms.page https://troopers.ny.gov/firearms
© 6/2/20