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N.Y. Gen. Bus. Law § 896

Operation of a gun show

Redline — January 1, 2023 → current.View current text →
Current — January 1, 2024
As of January 1, 2023
§ 896. Operation of a gun show. 1. A gun show operator shall:\n (a) at all times during such show conspicuously post and maintain\nsigns stating "A National Instant Criminal Background Check must be\ncompleted prior to all firearm sales or transfers, including sales or\ntransfers of rifles or shotguns". Signs must be posted at all entrances\nto the gun show, at all places where admission tickets to the gun show\nare sold and not less than four additional locations within the grounds\nof the gun show;\n (b) notify all firearm exhibitors in writing that a national instant\ncriminal background check must be completed prior to all firearm sales\nor transfers, including sales or transfers of rifles or shotguns; and\n * (c) provide access at the gun show to a firearm dealer licensed\nunder federal law who is authorized to perform a national instant\ncriminal background check where the seller or transferor of a firearm,\nrifle or shotgun is not authorized to conduct such a check by (i)\nrequiring firearm exhibitors who are firearm dealers licensed under\nfederal law and who are authorized to conduct a national instant\ncriminal background check to provide such a check at cost or (ii)\ndesignating a specific location at the gun show where a firearm dealer\nlicensed under federal law who is authorized to conduct a national\ninstant criminal background check will be present to perform such a\ncheck at cost. Any firearm dealer licensed under federal law who\nperforms a national instant criminal background check pursuant to this\nparagraph shall provide the seller or transferor of the firearm, rifle\nor shotgun with a copy of the United States Department of Treasury,\nBureau of Alcohol, Tobacco and Firearms Form ATF F 4473 and such dealer\nshall maintain such form and make such form available for inspection by\nlaw enforcement agencies for a period of ten years thereafter.\n * NB Effective until July 15, 2023\n * (c) coordinate with the division of state police to provide access\nat the gun show to perform a national instant criminal background check\nprior to any firearm sale or transfer. Any firearm dealer licensed under\nfederal law who submits a request to the division of state police to\nperform a national instant criminal background check pursuant to this\nparagraph shall provide the seller or transferor of the firearm, rifle\nor shotgun with a copy of the United States Department of Treasury,\nBureau of Alcohol, Tobacco and Firearms Form ATF F 4473 and such dealer\nshall maintain such form and make such form available for inspection by\nlaw enforcement agencies for a period of ten years thereafter.\n * NB Effective July 15, 2023\n 2. Whenever the attorney general shall believe from evidence\nsatisfactory to him or her that a gun show operator has violated any of\nthe provisions of this section, the attorney general may bring an action\nor special proceeding in the supreme court for a judgment enjoining the\ncontinuance of such violation and for a civil penalty in an amount not\nto exceed ten thousand dollars. If it shall appear to the satisfaction\nof the court or justice that the defendant has violated any provisions\nof this section, no proof shall be required that any person has been\ninjured thereby nor that the defendant intentionally violated such\nprovision. In such action preliminary relief may be granted under\narticle sixty-three of the civil practice law and rules. In connection\nwith any such proposed application, the attorney general is authorized\nto take proof, issue subpoenas and administer oaths in the manner\nprovided in the civil practice law and rules.\n
§ 896. Operation of a gun show. 1. A gun show operator shall:\n (a) at all times during such show conspicuously post and maintain\nsigns stating "A National Instant Criminal Background Check must be\ncompleted prior to all firearm sales or transfers, including sales or\ntransfers of rifles or shotguns". Signs must be posted at all entrances\nto the gun show, at all places where admission tickets to the gun show\nare sold and not less than four additional locations within the grounds\nof the gun show;\n (b) notify all firearm exhibitors in writing that a national instant\ncriminal background check must be completed prior to all firearm sales\nor transfers, including sales or transfers of rifles or shotguns; and\n (c) coordinate with the division of state police to provide access at\nthe gun show to perform a national instant criminal background check\nprior to any firearm sale or transfer. Any firearm dealer licensed under\nfederal law who submits a request to the division of state police to\nperform a national instant criminal background check pursuant to this\nparagraph shall provide the seller or transferor of the firearm, rifle\nor shotgun with a copy of the United States Department of Treasury,\nBureau of Alcohol, Tobacco and Firearms Form ATF F 4473 and such dealer\nshall maintain such form and make such form available for inspection by\nlaw enforcement agencies for a period of ten years thereafter.\n 2. Whenever the attorney general shall believe from evidence\nsatisfactory to him or her that a gun show operator has violated any of\nthe provisions of this section, the attorney general may bring an action\nor special proceeding in the supreme court for a judgment enjoining the\ncontinuance of such violation and for a civil penalty in an amount not\nto exceed ten thousand dollars. If it shall appear to the satisfaction\nof the court or justice that the defendant has violated any provisions\nof this section, no proof shall be required that any person has been\ninjured thereby nor that the defendant intentionally violated such\nprovision. In such action preliminary relief may be granted under\narticle sixty-three of the civil practice law and rules. In connection\nwith any such proposed application, the attorney general is authorized\nto take proof, issue subpoenas and administer oaths in the manner\nprovided in the civil practice law and rules.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.