(a) No rifle or shotgun shall be sold, or given away, or disposed of, unless the transferee is authorized by law to possess such rifle or shotgun. Any police officer or peace officer shall produce a shield and proper identification before purchasing a rifle or shotgun. A peace officer whose status does not confer authorization to possess firearms pursuant to § 2.10 of the New York State Criminal Procedure Law shall possess a rifle/shotgun permit in order to be a lawful transferee. Therefore, before delivering a rifle or shotgun to a peace officer without a rifle/shotgun permit, the licensee shall verify that person's status as a peace officer by telephoning the License Division Incident Section at (212) 374-5538 or 5539.
(b) Every dealer in rifles and shotguns shall keep a record book provided by the Rifle/Shotgun Section (P.D. 641-50). This book shall contain a record of all dispositions and registrations of rifles and shotguns purchased and disposed of by the dealer. Such records shall be maintained on the premises stated in the license and permanently preserved thereat. In the event of cancellation and/or revocation of the license, or discontinuance of business by a licensee, such records, as well as rifles and shotguns stored on the premises, shall be surrendered to the New York City Police Department.
(c) In the event of loss or theft of any rifle or shotgun, ammunition, dealer's license, or record, the licensee is required to report the loss or theft to her/his local precinct, and notify the Rifle/Shotgun Section by telephone on the next business day after discovery of the loss or theft. The licensee shall follow up with a written notification to the Rifle/Shotgun Section within 10 calendar days of discovery of the loss or theft.
(d) In the event that any individual lacking authority to possess such weapon attempts to leave any rifle or shotgun with a licensee for cleaning, repairing, or other processing, the licensee may accept the rifle or shotgun and obtain the name, address, telephone number, etc. of the person leaving the weapon. The licensee shall immediately report the incident to the precinct wherein the premises is located. If the licensee does not accept the rifle or shotgun for cleaning, repairing, or other processing, s/he shall report the incident to the precinct wherein the premises is located as soon as the individual possessing the weapon leaves the premises. In the event that such an individual offers to sell or otherwise dispose of such a weapon to a licensee, the licensee shall attempt to obtain the name, address, and telephone number of said individual and shall notify the precinct wherein the premises is located as soon as said individual leaves the premises.
(e) Any dealer who sells, offers to sell, stores, or otherwise disposes of ammunition in excess of two hundred (200) cartridges shall be required to obtain a storage permit from the Fire Commissioner. Dealer's licenses issued by the Rifle/Shotgun Section shall not be valid for the sale of ammunition unless the dealership is also in possession of a storage permit from the Fire Department. Upon receipt of an application which indicates an intention to sell or store ammunition, the Rifle/Shotgun Section shall notify the Fire Department and ask them to conduct an inspection of the premises. The sale or storage of ammunition without a valid Fire Department permit shall be deemed sufficient cause to revoke a dealer's license.
(f) No ammunition shall be stored, exhibited, or displayed in the windows, showcases, or doors of the licensee's premises.
(g) All other ammunition shall be stored in an area of the premises that can be reasonably secured, and is not in view of the public. Only the licensee and authorized employees shall have access to this storage area.
(h) (1) The quantities of cartridges and other ammunition stored on the premises shall not exceed the amounts fixed by the Fire Commissioner for storage of ammunition. These quantities so fixed shall be stated in the storage permit.
(2) All ammunition kept on the licensee's premises shall not be stored in an area where other materials of a highly flammable nature are manufactured, stored, or kept for sale. This restriction shall not apply to any person duly authorized to keep and sell gunpowder.
(i) (1) A record of all ammunition received and dispensed shall be registered in a bound book with pages consecutively numbered. This record book shall be separately maintained from the record book noting all rifle and shotgun transactions. It shall be the responsibility of the licensee or a designated employee to make entries in this record book. This book, together with all invoices received, shall be kept in the ammunition storage area.
(2) This record shall be arranged in columnar form as outlined below. The first page of this book shall have an inscription bearing the name and address of the premises, license number, name of owner of premises, name of employee designated to make entries, and date of book being opened. Beginning with page 2, each even numbered page shall contain a record of ammunition received, and starting with page 3, each odd numbered page shall contain a record of ammunition dispensed or sold.
(j) In the event of cancellation or revocation of the license or discontinuance of business by a licensee, such records shall be surrendered to the New York City Police Department.
(k) No ammunition suitable for use in a rifle of any calibre, or for a shotgun of any gauge, shall be sold, given away, or otherwise disposed of to any person who has not been issued a rifle/shotgun permit and a certificate of registration, and who does not exhibit the same to the dealer at the time of purchase. Rifle or shotgun ammunition shall not be sold to any such person except for the shotgun or for the specific calibre of rifle for which the certificate of registration has been issued.
(l) The Rifle/Shotgun Section advises all dealers that certain ammunition calibres are considered to be interchangeable between rifles and handguns. Sales of ammunition in these calibres shall be recorded by dealers. The following list includes most of the calibres likely to be sold as pistol, revolver, or interchangeable ammunition; however, it is not necessarily inclusive:
.4mm Rimfire
.17 Bumble Bee and Ackley Bee
.17 Hornet and "K" Hornet
.17 Mach IV
.17-222 and .17-223
5mm Remington Mag. Rimfire
.22, .25 and .32 Rimfire
.22 Rem. Jet Mag. and .22 Win. Mag.
.22 Hornet and .22 "K" Hornet
.221 Remington Fireball
.222 Remington
.223 Remington
.25 (6.35mm) ACP
25-35 Winchester
.256 Winchester Mag.
7.5mm revolver
.30 Luger (7.65mm)
.30 Mauser (7.63mm)
7.62mm Tokarev
7.65mm French Long
.30-30 (.30 WCF)
.30 calibre Carbine
.32 revolver (all types)
.32 (7.65ww) ACP
.32-20 Winchester
.357 Mag.
.357-44 B&D
9mm pistol and revolver (all types)
.38 revolver (all types)
.38 Special pistol and revolver (all types)
.38-40 Winchester
.38-44 special
.38 Super
.38 AMU
.38 ACP
.380 ZACP
.41 revolver (all types)
.41 Mag.
.44 revolver (all types)
.45-38 automatic
.45 pistol and revolver (all types)
.455 pistol and revolver (all types)
Below is a sample outline for a licensee's book recording ammunition received, dispensed or sold. While slight variations may be permitted to accommodate clarity and page size, all dealers in ammunition shall provide all information indicated below. Any deviations from this form shall be approved by the Rifle/Shotgun Section of the New York City Police Department.
AMMUNITION RECEIVED*
Date- Time | Manf. | Invoice | Calibre / Gauge | Type | Quant. | Signature | Comments |
– | – | – | – | – | – | – | – |
AMMUNITION SOLD**
Date- Time | Manf. | Calibre / Gauge | Quant. | Name | Address | Date of Birth | License No. |
– | – | – | – | – | – | – | – |
** Records for ammunition received shall be placed on all even numbered pages beginning with page 2. ** Records for ammunition sold and disposed of shall be placed on all odd numbered pages beginning with page 3.
(m) Prospective buyers shall not be allowed to load weapons upon the premises of the licensee. If the sale of one or more rifles and/or shotguns as well as ammunition is consummated, the ammunition box shall be sealed prior to the sale and the buyer shall be instructed that the rifle or shotgun is not to be loaded on the premises.
(n) Pursuant to New York City Administrative Code § 10-312, it shall be a criminal violation for any person who is the lawful owner or lawful custodian of a rifle or shotgun to store or otherwise place or leave such weapon in such a manner or under circumstances that it is out of her/his immediate possession or control, without having rendered such weapon inoperable by employing a safety locking device as defined in subdivision (o) of this section. Such offense shall constitute a misdemeanor if the offender has previously been found guilty of such violation or if the violation is committed under circumstances which create a substantial risk of physical injury to another person. The New York City Police Department recognizes that all licensees have incurred an obligation by being issued a dealer's license to maintain and dispose of rifles and shotguns in a responsible fashion. In order to assist licensees, the Rifle/Shotgun Section has issued the following safety requirements in response to past incidents involving dealers in rifles and shotguns:
(1) No weapons shall be stored, exhibited or displayed in windows, showcases, or doors of the premises. Rifle/shotgun storage or inventory areas shall be physically separated from counter and display areas and access to these areas shall be carefully controlled.
(2) All rifle/shotgun display cases shall be kept locked and secured at all times and not readily accessible to the public. All keys to such display cases shall not leave the control of authorized personnel.
(3) All rifles and shotguns shall not be readily capable of firing. They shall be temporarily deactivated by removing magazines or bolts; or by securing with bars or chains through the trigger guard; or by using individual trigger locks or other safety locking devices composed primarily of steel or other metal of significant gauge to inhibit breaking.
(4) All rifles and shotguns within a licensee's inventory shall be tagged and cross referenced to the appropriate entry in the acquisition records.
(o) Pursuant to New York City Administrative Code § 10-311(a), it shall be unlawful for any person or business enterprise to dispose of any rifle or shotgun which does not contain a safety locking device, defined as a design adaptation or attachable accessory that will prevent the use of the weapon by an unauthorized user. The following types of safety locking devices will be deemed to comply with this provision:
(1) a trigger lock, which prevents the pulling of the trigger without the use of a key; or
(2) a combination handle, which prevents the use of the weapon without the alignment of the combination tumblers; or
(3) a detachable or non-detachable locking device, composed primarily of steel or other metal of significant gauge to inhibit breaking, utilizing a metallic key or combination lock, rendering the weapon inoperable until the locking device is removed by an authorized person.
(p) Pursuant to New York City Administrative Code § 10-311(b), it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to dispose of any rifle or shotgun in New York City unless it is accompanied by the following warning, which shall appear in conspicuous and legible type in capital letters, and which shall be printed on a label affixed to the rifle or shotgun and on a separate sheet of paper included within the packaging enclosing the rifle or shotgun: "THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE WEAPON STORAGE. ALL WEAPONS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN AND ANY OTHER UNAUTHORIZED PERSONS."
(q) Pursuant to New York City Administrative Code § 10-311(c), any person who applies for and obtains authorization to purchase, or otherwise lawfully obtains, a rifle or shotgun shall be required to purchase or obtain a safety locking device at the time s/he purchases or obtains the rifle or shotgun.
(r) Pursuant to New York City Administrative Code § 10-311(d), the City of New York and its agencies, officers or employees shall not be liable to any party by reason of any incident involving, or the use or misuse of a safety locking device that may have been purchased in compliance with these rules.