Two permits are required to act as a gun dealer or sell firearms in New York. In New York, the sale, transfer, or disposal of weapons is a serious felony.
A license from the federal government, given by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or ATF, is required first. A Federal Weapons License is required if an individual “devotes time, attention, and work to dealing in firearms as a regular course of trade or business with the primary purpose of livelihood and profit via the repetitious acquisition and sales of firearms”
The government license regulations do not apply to private vendors, though. Private sellers are individuals “who make occasional sales, exchanges, or purchases of weapons for the enhancement of a personal collection or as a pastime, or who sells all or part of his personal firearm collection.”
New York additionally mandates a license for individuals who “operate in the business of purchasing, selling, maintaining for sale, loaning, leasing, or otherwise disposing of any assault weapon, large capacity ammunition feeding device, handgun, or revolver.”
However, New York does not need state licensing for the sale of legal long firearms, such as rifles and shotguns. In New York, applications are submitted in either New York City or the business’s county of residence. The application procedure is comparable to the background check undertaken for a firearms license.
New York’s firearms dealers are heavily controlled. Some of the laws include:
• Requiring locking devices with the sale of a firearm;
• Requiring records for the sale of firearms and ammunition to be kept for examination;
• Prohibiting the sale of ammunition to anyone under the age of 16 or who are prohibited from possessing a firearm;
New York Criminal Sale of a Firearm: Degrees and Related Charges
Criminal Sale of a Firearm in the Third Degree is charged when a person who is not allowed to possess a firearm:
• Sells, trades, gives, or otherwise disposes of a firearm or large capacity ammunition feeding mechanism to another person; or
• Possesses a firearm with the intent to sell it.
The firearm must be functional or capable of discharging ammo in order to be charged with possession of a firearm. Criminal Sale of a Firearm in the Third Degree is sometimes charged in conjunction with another offense, such as Criminal Possession of a Firearm in the Second or Third Degree, due to the fact that the felony includes the element “not permitted by law to possess a firearm.”
Criminal Sale of a Firearm in the Second Degree in the City of New York
Criminal Sale of a Firearm in the Second Degree, as defined by Penal Law 265.11, is a violent felony of the class C variety. Under Criminal Sale of a Firearm in the Second Degree, a person will be charged if he or she: • Unlawfully sells, exchanges, gives, or disposes of five or more firearms to another; or • Unlawfully sells, exchanges, gives, or disposes of five or more firearms to another person or persons within a one-year period.
Sentence for First-Degree Criminal Sale of a Firearm
First-Degree Criminal Sale of a Firearm is a class B violent felony that carries a mandatory minimum of 5 years and a maximum of 25 years in prison. A duration of between 2 12 and 5 years of post-release monitoring is also necessary.
Possession or sale of a firearm may result in a required minimum jail sentence, necessitating the services of a skilled and aggressive counsel.
Criminal Acquisition or Disposal of a Firearm in New York
Criminal Purchase or Disposal of a Weapon, Penal Law Section 265.17, is charged when a person purchases or disposes of a firearm knowing that he or she or another person is forbidden from holding a firearm.
Class D non-violent felony Criminal Purchase or Disposal of a Weapon is charged in three situations:
• Knowing that he or she is prohibited by law from possessing a firearm, rifle, or shotgun due to a prior conviction or some other disability that would render him or her ineligible to lawfully possess a firearm, rifle, or shotgun in this state, such person purchases a firearm, rifle, or shotgun from another person;
• Knowing that it would be unlawful for another person to possess a firearm, rifle, or shotgun, he or she purchases a firearm, rifle, or shotgun from
All three types of Criminal Purchase or Disposition of a Weapon involve the qualifier “knowing.”
In order to be convicted of Criminal Purchase or Disposal of a Weapon in New York, an individual must be aware that he, she, or another individual is forbidden by law from possessing a firearm, rifle, or shotgun. The fact that an individual was unaware of the restriction is a valid defense. However, the issue of knowledge is one of fact.
New York Criminal Sale of a Firearm with the Assistance of a Minor
In New York City, Penal Law Section 265.16, Criminal Sale of a Firearm with the Assistance of a Minor, is classified as a class C non-violent felony.
A person is charged with Criminal Sale of a Firearm with the Aid of a Minor if he is not authorized by law to possess a firearm and unlawfully sells, exchanges, gives, or otherwise disposes of a firearm to another person who is or appears to be less than 19 years old and who is also not licensed by law to possess a firearm.
Benjamin Greenwald is an experienced criminal defense attorney who is dedicated to protecting the rights of his clients. Attorney Greenwald has represented clients in a wide variety of cases, including Criminal Sale of a Firearm Orange County NY. He has a proven track record of success in the courtroom, and he is committed to providing each of his clients with the individualized attention they deserve. Contact the Law Office of Benjamin Greenwald today to schedule a free consultation.
