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 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 a military feature such as a telescoping stock, a second handgrip or a barrel capable of accepting a silencer. A rifle is considered an assault weapon if it is semiautomatic and capable of receiving detachable magazines, and has a military characteristic such as a protruding pistol grip or a bayonet mount.

A shotgun is considered an assault weapon if it is semiautomatic, and has a military characteristic such as a telescoping stock or a fixed magazine capacity of more than seven rounds. Most handguns and most shotguns or rifles used for hunting are not assault weapons.

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 recertify 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 NYPD 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 recertify 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?

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.

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 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!

You can safely, easily and legally sell your handgun or long gun to CashMyGuns.com 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 Cash My Guns, 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, discrete and legal 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 05/22/20 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