N.Y. Penal Law § 265.20

§ 265.20 Exemptions.\n a. Paragraph (h) of subdivision twenty-two of section 265.00 and\nsections 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02, 265.03, 265.04,\n265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37, 265.50,\n265.55 and 270.05 shall not apply to:\n 1. Possession of any of the weapons, instruments, appliances or\nsubstances specified in sections 265.01, 265.01-c, 265.02, 265.03,\n265.04, 265.05, 265.50, 265.55 and 270.05 by the following:\n (a) Persons in the military service of the state of New York when duly\nauthorized by regulations issued by the adjutant general to possess the\nsame.\n (b) Police officers as defined in subdivision thirty-four of section\n1.20 of the criminal procedure law.\n (c) Peace officers as defined by section 2.10 of the criminal\nprocedure law.\n (d) Persons in the military or other service of the United States, in\npursuit of official duty or when duly authorized by federal law,\nregulation or order to possess the same.\n (e) Persons employed in fulfilling defense contracts with the\ngovernment of the United States or agencies thereof when possession of\nthe same is necessary for manufacture, transport, installation and\ntesting under the requirements of such contract.\n (f) A person voluntarily surrendering such weapon, instrument,\nappliance or substance, provided that such surrender shall be made to\nthe superintendent of the division of state police or a member thereof\ndesignated by such superintendent, or to the sheriff of the county in\nwhich such person resides, or in the county of Nassau or in the towns of\nBabylon, Brookhaven, Huntington, Islip and Smithtown in the county of\nSuffolk to the commissioner of police or a member of the police\ndepartment thereof designated by such commissioner, or if such person\nresides in a city, town other than one named in this subparagraph, or\nvillage to the police commissioner or head of the police force or\ndepartment thereof or to a member of the force or department designated\nby such commissioner or head; and provided, further, that the same shall\nbe surrendered by such person in accordance with such terms and\nconditions as may be established by such superintendent, sheriff, police\nforce or department. Nothing in this paragraph shall be construed as\ngranting immunity from prosecution for any crime or offense except that\nof unlawful possession of such weapons, instruments, appliances or\nsubstances surrendered as herein provided. A person who possesses any\nsuch weapon, instrument, appliance or substance as an executor or\nadministrator or any other lawful possessor of such property of a\ndecedent may continue to possess such property for a period not over\nfifteen days. If such property is not lawfully disposed of within such\nperiod the possessor shall deliver it to an appropriate official\ndescribed in this paragraph or such property may be delivered to the\nsuperintendent of state police. Such officer shall hold it and shall\nthereafter deliver it on the written request of such executor,\nadministrator or other lawful possessor of such property to a named\nperson, provided such named person is licensed to or is otherwise\nlawfully permitted to possess the same. If no request to deliver the\nproperty is received by such official within one year of the delivery of\nsuch property, such official shall dispose of it in accordance with the\nprovisions of section 400.05 of this chapter.\n 2. Possession of a machine-gun, large capacity ammunition feeding\ndevice, rapid-fire modification device, firearm, switchblade knife,\npilum ballistic knife, billy or blackjack by a warden, superintendent,\nheadkeeper or deputy of a state prison, penitentiary, workhouse, county\njail or other institution for the detention of persons convicted or\naccused of crime or detained as witnesses in criminal cases, in pursuit\nof official duty or when duly authorized by regulation or order to\npossess the same.\n 3. Possession of a pistol or revolver by a person to whom a license\ntherefor has been issued as provided under section 400.00 or 400.01 of\nthis chapter or possession of a weapon as defined in paragraph (e) or\n(f) of subdivision twenty-two of section 265.00 of this article which is\nregistered pursuant to paragraph (a) of subdivision sixteen-a of section\n400.00 of this chapter or is included on an amended license issued\npursuant to section 400.00 of this chapter. In the event such license is\nrevoked, other than because such licensee is no longer permitted to\npossess a firearm, rifle or shotgun under federal or state law,\ninformation sufficient to satisfy the requirements of subdivision\nsixteen-a of section 400.00 of this chapter, shall be transmitted by the\nlicensing officer to the state police, in a form as determined by the\nsuperintendent of state police. Such transmission shall constitute a\nvalid registration under such section. Further provided, notwithstanding\nany other section of this title, a failure to register such weapon by an\nindividual who possesses such weapon before the enactment of the chapter\nof the laws of two thousand thirteen which amended this paragraph and\nmay so lawfully possess it thereafter upon registration, shall only be\nsubject to punishment pursuant to paragraph (c) of subdivision sixteen-a\nof section 400.00 of this chapter; provided, that such a license or\nregistration shall not preclude a conviction for the offense defined in\nsubdivision three of section 265.01 of this article or section 265.01-a\nof this article.\n 3-a. Possession of a pistol or revolver by a person undergoing\nlive-fire range training pursuant to section 400.00 of this chapter\nwhile such person is undergoing such training and is supervised by a\nduly authorized instructor.\n 4. Possession of a rifle, shotgun, crossbow or longbow for use while\nhunting, trapping or fishing, by a person, not a citizen of the United\nStates, carrying a valid license issued pursuant to section 11-0713 of\nthe environmental conservation law.\n 5. Possession of a rifle or shotgun by a person other than a person\nwho has been convicted of a class A-I felony or a violent felony\noffense, as defined in subdivision one of section 70.02 of this chapter,\nwho has been convicted as specified in subdivision four of section\n265.01 to whom a certificate of good conduct has been issued pursuant to\nsection seven hundred three-b of the correction law.\n 6. Possession of a switchblade for use while hunting, trapping or\nfishing by a person carrying a valid license issued to him pursuant to\nsection 11-0713 of the environmental conservation law.\n 7. Possession, at an indoor or outdoor shooting range for the purpose\nof loading and firing, of a rifle or shotgun, the propelling force of\nwhich is gunpowder by a person under sixteen years of age but not under\ntwelve, under the immediate supervision, guidance and instruction of (a)\na duly commissioned officer of the United States army, navy, air force,\nmarine corps or coast guard, or of the national guard of the state of\nNew York; or (b) a duly qualified adult citizen of the United States who\nhas been granted a certificate as an instructor in small arms practice\nissued by the United States army, navy, air force or marine corps, or by\nthe adjutant general of this state, by the national rifle association of\nAmerica, a not-for-profit corporation duly organized under the laws of\nthis state, or by a New York state 4-H certified shooting sports\ninstructor; or (c) a parent, guardian, or a person over the age of\neighteen designated in writing by such parent or guardian who shall have\na certificate of qualification in responsible hunting, including safety,\nethics, and landowner relations-hunter relations, issued or honored by\nthe department of environmental conservation; or (d) an agent of the\ndepartment of environmental conservation appointed to conduct courses in\nresponsible hunting practices pursuant to article eleven of the\nenvironmental conservation law.\n 7-a. Possession and use, at an indoor or outdoor pistol range located\nin or on premises owned or occupied by a duly incorporated organization\norganized for conservation purposes or to foster proficiency in small\narms or at a target pistol shooting competition under the auspices of or\napproved by the national rifle association for the purpose of loading\nand firing the same, by a person duly licensed to possess a pistol or\nrevolver pursuant to section 400.00 or 400.01 of this chapter of a\npistol or revolver duly so licensed to another person who is present at\nthe time.\n 7-b. Possession and use, at an indoor or outdoor pistol range located\nin or on premises owned or occupied by a duly incorporated organization\norganized for conservation purposes or to foster proficiency in small\narms or at a target pistol shooting competition under the auspices of or\napproved by the national rifle association for the purpose of loading\nand firing the same, by a person who has applied for a license to\npossess a pistol or revolver and pre-license possession of same pursuant\nto section 400.00 or 400.01 of this chapter, who has not been previously\ndenied a license, been previously convicted of a felony or serious\noffense, and who does not appear to be, or pose a threat to be, a danger\nto himself or to others, and who has been approved for possession and\nuse herein in accordance with section 400.00 or 400.01 of this chapter;\nprovided however, that such possession shall be of a pistol or revolver\nduly licensed to and shall be used under the supervision, guidance and\ninstruction of, a person specified in paragraph seven of this\nsubdivision and provided further that such possession and use be within\nthe jurisdiction of the licensing officer with whom the person has made\napplication therefor or within the jurisdiction of the superintendent of\nstate police in the case of a retired sworn member of the division of\nstate police who has opted to make an application pursuant to section\n400.01 of this chapter.\n 7-c. Possession for the purpose of loading and firing, of a rifle,\npistol or shotgun, the propelling force of which may be either air,\ncompressed gas or springs, by a person under sixteen years of age but\nnot under twelve, under the immediate supervision, guidance and\ninstruction of (a) a duly commissioned officer of the United States\narmy, navy, marine corps or coast guard, or of the national guard of the\nstate of New York; or (b) a duly qualified adult citizen of the United\nStates who has been granted a certificate as an instructor in small arms\npractice issued by the United States army, navy or marine corps, or by\nthe adjutant general of this state, by the national rifle association of\nAmerica, a not-for-profit corporation duly organized under the laws of\nthis state, or by a New York state 4-H certified shooting sports\ninstructor; or (c) a parent, guardian, or a person over the age of\neighteen designated in writing by such parent or guardian who shall have\na certificate of qualification in responsible hunting, including safety,\nethics, and landowner relations-hunter relations, issued or honored by\nthe department of environmental conservation.\n 7-d. Possession, at an indoor or outdoor shooting range for the\npurpose of loading and firing, of a rifle, pistol or shotgun, the\npropelling force of which may be either air, compressed gas or springs,\nby a person under twelve years of age, under the immediate supervision,\nguidance and instruction of (a) a duly commissioned officer of the\nUnited States army, navy, marine corps or coast guard, or of the\nnational guard of the state of New York; or (b) a duly qualified adult\ncitizen of the United States who has been granted a certificate as an\ninstructor in small arms practice issued by the United States army, navy\nor marine corps, or by the adjutant general of this state, by the\nnational rifle association of America, a not-for-profit corporation duly\norganized under the laws of this state, or by a New York state 4-H\ncertified shooting sports instructor; or (c) a parent, guardian, or a\nperson over the age of eighteen designated in writing by such parent or\nguardian who shall have a certificate of qualification in responsible\nhunting, including safety, ethics, and landowner relations-hunter\nrelations, issued or honored by the department of environmental\nconservation.\n 7-e. Possession and use of a pistol or revolver, at an indoor or\noutdoor pistol range located in or on premises owned or occupied by a\nduly incorporated organization organized for conservation purposes or to\nfoster proficiency in small arms or at a target pistol shooting\ncompetition under the auspices of or approved by an association or\norganization described in paragraph 7-a of this subdivision for the\npurpose of loading and firing the same by a person at least fourteen\nyears of age but under the age of twenty-one who has not been previously\nconvicted of a felony or serious offense, and who does not appear to be,\nor pose a threat to be, a danger to himself or to others; provided\nhowever, that such possession shall be of a pistol or revolver duly\nlicensed to and shall be used under the immediate supervision, guidance\nand instruction of, a person specified in paragraph seven of this\nsubdivision.\n 7-f. Possession and use of a magazine, belt, feed strip or similar\ndevice, that contains more than seven rounds of ammunition, but that\ndoes not have a capacity of or can readily be restored or converted to\naccept more than ten rounds of ammunition, at an indoor or outdoor\nfiring range located in or on premises owned or occupied by a duly\nincorporated organization organized for conservation purposes or to\nfoster proficiency in arms; at an indoor or outdoor firing range for the\npurpose of firing a rifle or shotgun; at a collegiate, olympic or target\nshooting competition under the auspices of or approved by the national\nrifle association; or at an organized match sanctioned by the\nInternational Handgun Metallic Silhouette Association.\n 8. The manufacturer of machine-guns, firearm silencers, assault\nweapons, large capacity ammunition feeding devices, rapid-fire\nmodification devices, disguised guns, pilum ballistic knives,\nswitchblade or gravity knives, billies or blackjacks as merchandise, or\nas a transferee recipient of the same for repair, lawful distribution or\nresearch and development, and the disposal and shipment thereof direct\nto a regularly constituted or appointed state or municipal police\ndepartment, sheriff, police officer or other peace officer, or to a\nstate prison, penitentiary, workhouse, county jail or other institution\nfor the detention of persons convicted or accused of crime or held as\nwitnesses in criminal cases, or to the military service of this state or\nof the United States; or for the repair and return of the same to the\nlawful possessor or for research and development.\n 9. The regular and ordinary transport of firearms as merchandise,\nprovided that the person transporting such firearms, where he knows or\nhas reasonable means of ascertaining what he is transporting, notifies\nin writing the police commissioner, police chief or other law\nenforcement officer performing such functions at the place of delivery,\nof the name and address of the consignee and the place of delivery, and\nwithholds delivery to the consignee for such reasonable period of time\ndesignated in writing by such police commissioner, police chief or other\nlaw enforcement officer as such official may deem necessary for\ninvestigation as to whether the consignee may lawfully receive and\npossess such firearms.\n 9-a. a. Except as provided in subdivision b hereof, the regular and\nordinary transport of pistols or revolvers by a manufacturer of firearms\nto whom a license as a dealer in firearms has been issued pursuant to\nsection 400.00 of this chapter, or by an agent or employee of such\nmanufacturer of firearms who is otherwise duly licensed to carry a\npistol or revolver and who is duly authorized in writing by such\nmanufacturer of firearms to transport pistols or revolvers on the date\nor dates specified, directly between places where the manufacturer of\nfirearms regularly conducts business provided such pistols or revolvers\nare transported unloaded, in a locked opaque container. For purposes of\nthis subdivision, places where the manufacturer of firearms regularly\nconducts business includes, but is not limited to places where the\nmanufacturer of firearms regularly or customarily conducts development\nor design of pistols or revolvers, or regularly or customarily conducts\ntests on pistols or revolvers, or regularly or customarily participates\nin the exposition of firearms to the public.\n b. The transportation of such pistols or revolvers into, out of or\nwithin the city of New York may be done only with the consent of the\npolice commissioner of the city of New York. To obtain such consent, the\nmanufacturer must notify the police commissioner in writing of the name\nand address of the transporting manufacturer, or agent or employee of\nthe manufacturer who is authorized in writing by such manufacturer to\ntransport pistols or revolvers, the number, make and model number of the\nfirearms to be transported and the place where the manufacturer\nregularly conducts business within the city of New York and such other\ninformation as the commissioner may deem necessary. The manufacturer\nmust not transport such pistols and revolvers between the designated\nplaces of business for such reasonable period of time designated in\nwriting by the police commissioner as such official may deem necessary\nfor investigation and to give consent. The police commissioner may not\nunreasonably withhold his consent.\n * 10. Engaging in the business of gunsmith or dealer in firearms by a\nperson to whom a valid license therefor has been issued pursuant to\nsection 400.00.\n * NB Effective until August 25, 2026\n * 10. Engaging in the business of gunsmith or dealer in firearms by a\nperson to whom a valid license therefor has been issued pursuant to\nsection 400.00 of this chapter, provided, however, that this paragraph\nshall not apply to conduct prohibited by subdivision ten of section\n265.10 of this article.\n * NB Effective August 25, 2026\n 11. Possession of a firearm or large capacity ammunition feeding\ndevice by a police officer or sworn peace officer of another state while\nconducting official business within the state of New York.\n 12. Possession of a pistol or revolver by a person who is a member or\ncoach of an accredited college or university target pistol team while\ntransporting the pistol or revolver into or through New York state to\nparticipate in a collegiate, olympic or target pistol shooting\ncompetition under the auspices of or approved by the national rifle\nassociation, provided such pistol or revolver is unloaded and carried in\na locked carrying case and the ammunition therefor is carried in a\nseparate locked container.\n 12-a. Possession and use of a pistol or revolver, at an indoor or\noutdoor shooting range, by a registered student of a higher education\ninstitution chartered by the state of New York, who is participating in\na course in gun safety and proficiency offered by such institution,\nunder the immediate supervision, guidance, and instruction of a person\nspecified in paragraph seven of this subdivision.\n 13. Possession of pistols and revolvers by a person who is a\nnonresident of this state while attending or traveling to or from, an\norganized competitive pistol match or league competition under auspices\nof, or approved by, the National Rifle Association and in which he is a\ncompetitor, within forty-eight hours of such event or by a person who is\na non-resident of the state while attending or traveling to or from an\norganized match sanctioned by the International Handgun Metallic\nSilhouette Association and in which he is a competitor, within\nforty-eight hours of such event, provided that he has not been\npreviously convicted of a felony or a crime which, if committed in New\nYork, would constitute a felony, and further provided that the pistols\nor revolvers are transported unloaded in a locked opaque container\ntogether with a copy of the match program, match schedule or match\nregistration card. Such documentation shall constitute prima facie\nevidence of exemption, providing that such person also has in his\npossession a pistol license or firearms registration card issued in\naccordance with the laws of his place of residence. For purposes of this\nsubdivision, a person licensed in a jurisdiction which does not\nauthorize such license by a person who has been previously convicted of\na felony shall be presumed to have no prior conviction. The\nsuperintendent of state police shall annually review the laws of\njurisdictions within the United States and Canada with respect to the\napplicable requirements for licensing or registration of firearms and\nshall publish a list of those jurisdictions which prohibit possession of\na firearm by a person previously convicted of a felony or crimes which\nif committed in New York state would constitute a felony.\n 13-a. Except in cities not wholly contained within a single county of\nthe state, possession of pistols and revolvers by a person who is a\nnonresident of this state while attending or traveling to or from, an\norganized convention or exhibition for the display of or education about\nfirearms, which is conducted under auspices of, or approved by, the\nNational Rifle Association and in which he is a registered participant,\nwithin forty-eight hours of such event, provided that he has not been\npreviously convicted of a felony or a crime which, if committed in New\nYork, would constitute a felony, and further provided that the pistols\nor revolvers are transported unloaded in a locked opaque container\ntogether with a copy of the convention or exhibition program, convention\nor exhibition schedule or convention or exhibition registration card.\nSuch documentation shall constitute prima facie evidence of exemption,\nproviding that such person also has in his possession a pistol license\nor firearms registration card issued in accordance with the laws of his\nplace of residence. For purposes of this paragraph, a person licensed in\na jurisdiction which does not authorize such license by a person who has\nbeen previously convicted of a felony shall be presumed to have no prior\nconviction. The superintendent of state police shall annually review the\nlaws of jurisdictions within the United States and Canada with respect\nto the applicable requirements for licensing or registration of firearms\nand shall publish a list of those jurisdictions which prohibit\npossession of a firearm by a person previously convicted of a felony or\ncrimes which if committed in New York state would constitute a felony.\n 14. Possession in accordance with the provisions of this paragraph of\na self-defense spray device as defined herein for the protection of a\nperson or property and use of such self-defense spray device under\ncircumstances which would justify the use of physical force pursuant to\narticle thirty-five of this chapter.\n (a) As used in this section "self-defense spray device" shall mean a\npocket sized spray device which contains and releases a chemical or\norganic substance which is intended to produce temporary physical\ndiscomfort or disability through being vaporized or otherwise dispensed\nin the air or any like device containing tear gas, pepper or similar\ndisabling agent.\n (b) The exemption under this paragraph shall not apply to a person\nwho:\n (i) is less than eighteen years of age; or\n (ii) has been previously convicted in this state of a felony or any\nassault; or\n (iii) has been convicted of a crime outside the state of New York\nwhich if committed in New York would constitute a felony or any assault\ncrime.\n (c) The department of health, with the cooperation of the division of\ncriminal justice services and the superintendent of state police, shall\ndevelop standards and promulgate regulations regarding the type of\nself-defense spray device which may lawfully be purchased, possessed and\nused pursuant to this paragraph. The regulations shall include a\nrequirement that every self-defense spray device which may be lawfully\npurchased, possessed or used pursuant to this paragraph have a label\nwhich states: "WARNING: The use of this substance or device for any\npurpose other than self-defense is a criminal offense under the law. The\ncontents are dangerous - use with care. This device shall not be sold by\nanyone other than a licensed or authorized dealer. Possession of this\ndevice by any person under the age of eighteen or by anyone who has been\nconvicted of a felony or assault is illegal. Violators may be prosecuted\nunder the law."\n 15. Possession and sale of a self-defense spray device as defined in\nparagraph fourteen of this subdivision by a dealer in firearms licensed\npursuant to section 400.00 of this chapter, a pharmacist licensed\npursuant to article one hundred thirty-seven of the education law or by\nsuch other vendor as may be authorized and approved by the\nsuperintendent of state police.\n (a) Every self-defense spray device shall be accompanied by an insert\nor inserts which include directions for use, first aid information,\nsafety and storage information and which shall also contain a toll free\ntelephone number for the purpose of allowing any purchaser to call and\nreceive additional information regarding the availability of local\ncourses in self-defense training and safety in the use of a self-defense\nspray device.\n (b) Before delivering a self-defense spray device to any person, the\nlicensed or authorized dealer shall require proof of age and a sworn\nstatement on a form approved by the superintendent of state police that\nsuch person has not been convicted of a felony or any crime involving an\nassault. Such forms shall be forwarded to the division of state police\nat such intervals as directed by the superintendent of state police.\nAbsent any such direction the forms shall be maintained on the premises\nof the vendor and shall be open at all reasonable hours for inspection\nby any peace officer or police officer, acting pursuant to his or her\nspecial duties. No more than two self-defense spray devices may be sold\nat any one time to a single purchaser.\n 16. The terms "rifle," "shotgun," "pistol," "revolver," and "firearm"\nas used in paragraphs three, four, five, seven, seven-a, seven-b, nine,\nnine-a, ten, twelve, thirteen and thirteen-a of this subdivision shall\nnot include a disguised gun or an assault weapon.\n b. Section 265.01 shall not apply to possession of that type of billy\ncommonly known as a "police baton" which is twenty-four to twenty-six\ninches in length and no more than one and one-quarter inches in\nthickness by members of an auxiliary police force of a city with a\npopulation in excess of one million persons or the county of Suffolk\nwhen duly authorized by regulation or order issued by the police\ncommissioner of such city or such county respectively. Such regulations\nshall require training in the use of the police baton including but not\nlimited to the defensive use of the baton and instruction in the legal\nuse of deadly physical force pursuant to article thirty-five of this\nchapter. Notwithstanding the provisions of this section or any other\nprovision of law, possession of such baton shall not be authorized when\nused intentionally to strike another person except in those situations\nwhen the use of deadly physical force is authorized by such article\nthirty-five.\n c. Sections 265.01, 265.10 and 265.15 shall not apply to possession of\nbillies or blackjacks by persons:\n 1. while employed in fulfilling contracts with New York state, its\nagencies or political subdivisions for the purchase of billies or\nblackjacks; or\n 2. while employed in fulfilling contracts with sister states, their\nagencies or political subdivisions for the purchase of billies or\nblackjacks; or\n 3. while employed in fulfilling contracts with foreign countries,\ntheir agencies or political subdivisions for the purchase of billies or\nblackjacks as permitted under federal law.\n d. Subdivision one of section 265.01 and subdivision four of section\n265.15 of this article shall not apply to possession or ownership of\nautomatic knives by any cutlery and knife museum established pursuant to\nsection two hundred sixteen-c of the education law or by any director,\nofficer, employee, or agent thereof when he or she is in possession of\nan automatic knife and acting in furtherance of the business of such\nmuseum.\n e. Subdivision eight of section 265.02 and sections 265.36 and 265.37\nof this chapter shall not apply to a qualified retired New York or\nfederal law enforcement officer as defined in subdivision twenty-five of\nsection 265.00 of this article, with respect to large capacity\nammunition feeding devices issued to such officer or purchased by such\nofficer in the course of his or her official duties and owned by such\nofficer at the time of his or her retirement or comparable replacements\nfor such devices, if: (i) the agency that employed the officer qualified\nsuch officer in the use of the weapon which accepts such device in\naccordance with applicable state or federal standards for active duty\nlaw enforcement officers within twelve months prior to his or her\nretirement; and (ii) such retired officer meets, at his or her own\nexpense, such applicable standards for such weapon at least once within\nthree years after his or her retirement date and at least once every\nthree years thereafter, provided, however, that any such qualified\nofficer who has been retired for eighteen months or more on the\neffective date of this subdivision shall have eighteen months from such\neffective date to qualify in the use of the weapon which accepts such\nlarge capacity ammunition feeding device according to the provisions of\nthis subdivision, notwithstanding that such officer did not qualify\nwithin three years after his or her retirement date, provided that such\nofficer is otherwise qualified and maintains compliance with the\nprovisions of this subdivision.\n * f. Subdivision ten of section 265.10 of this article shall not apply\nto the following:\n 1. the disposition of a convertible pistol or the transport or\nshipping as merchandise of a convertible pistol for disposition to\npersons in the military service of the state of New York or the United\nStates when duly authorized by law or regulation to possess the same;\n 2. the disposition of a convertible pistol or the transport or\nshipping as merchandise of a convertible pistol for disposition to\npolice officers as defined in subdivision thirty-four of section 1.20 of\nthe criminal procedure law;\n 3. the disposition of a convertible pistol or the transport or\nshipping as merchandise of a convertible pistol for disposition to peace\nofficers as defined by section 2.10 of the criminal procedure law when\nthey are authorized to possess the same;\n 4. the disposition of a convertible pistol or the transport or\nshipping as merchandise of a convertible pistol for disposition to\npersons engaging in the business of gunsmith or dealer in firearms to\nwhom a valid license therefor has been issued pursuant to section 400.00\nof this chapter;\n 5. a private party to private party transaction conducted through a\nduly licensed dealer in firearms;\n 6. the sale, transfer, disposal, transportation, or shipment of a\nconvertible pistol to a duly licensed dealer in firearms or licensed\ngunsmith by private party who lawfully owned such convertible pistol\nprior to May thirty-first, two thousand twenty-seven;\n 7. the sale, transfer, disposal, transportation, or shipment of a\nconvertible pistol by a duly licensed dealer in firearms or licensed\ngunsmith to a private person or another federal firearms licensee or\nlicensed gunsmith, where such convertible pistol's immediately preceding\nowner and possessor, prior to the licensed dealer or licensed gunsmith,\nwas a private party who lawfully owned and possessed such convertible\npistol prior to May thirty-first, two thousand twenty-seven; or\n 8. the sale, transfer, disposal, transportation, or shipment of a\nconvertible pistol between members of an immediate family, as such term\nis defined in section eight hundred ninety-eight of the general business\nlaw, provided that such convertible pistol was lawfully owned and\npossessed by such seller, transferor, or a member of the immediate\nfamily of such seller or transferor prior to May thirty-first, two\nthousand twenty-seven.\n * NB Effective August 25, 2026\n