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Gun Dealers

FAQ on the NYSAFE Act for Gun DealersBy requiring background checks for private sales, the SAFE Act will help ensure that guns are only sold to individuals legally permitted to have them. By conducting those background checks, dealers can play a vital role in protecting the public by making sure guns don't fall into the wrong hands.

Frequently Asked Questions:

Private Sales
A: Starting 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, unless the transfer is between immediate family members.
A: Sales or transfers to and between spouses, domestic partners, children and step-children are exempt from the private sale/transfer provision.
A: Federal law and guidelines govern the process that FFLs must follow if they choose to conduct a background check for a private sale. A printable version of that guidance may be found here.
A: No. You are under no legal obligation to facilitate a private sale or transfer.
A: You may charge up to $10 to facilitate the sale or transfer.
A: Contact the NY SAFE Act hotline at 1-855-LAW-GUNS.


Assault Weapons and Magazines
A: You may still give the gun to the buyer, but it must be registered by April 15, 2014.
A: If you are licensed as a dealer under New York law you may continue to possess these weapons and magazines. You can also transfer them to another dealer or sell them out of state or to law enforcement. You can also permanently modify these guns and magazines and sell them in state
A: Yes, provided you are licensed as a dealer under New York law. Nothing in this law changes the ability of dealers to sell to law enforcement or to transfer weapons to other dealers or out of state.


Federal Firearms Licensees
A: The exceptions apply only to those individuals or entities that are licensed as dealers or gunsmiths pursuant to section 400.00 of the Penal law. A Federally licensed firearms dealer that does is not licensed under New York law may take possession of an assault weapon or high capacity magazine in order to conduct a NICS check or to facilitate an out of state transfer.


Please note: This website is informational only and does not constitute legal advice.

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