Gun law in the United States is defined by a number of state and federal statutes. Sale or delivery of firearms is restricted in New York like any other U.S. state. In almost all the states of the US, an importer, manufacturer, dealer or collector shall be licensed under the federal Gun Control Act of 1968 to be a lawful seller.
During the operation of a gun show, a gun show operator shall:
- at all times during such show conspicuously post and maintain signs stating “A National Instant Criminal Background Check must be completed prior to all firearm sales or transfers, including sales or transfers of rifles or shotguns”.
- notify all firearm exhibitors in writing that a national instant criminal background check must be completed prior to all firearm sales or transfers, including sales or transfers of rifles or shotguns; and
- provide access at the gun show to a firearm dealer licensed under federal law who is authorized to perform a national instant criminal background check where the seller or transferor of a firearm, rifle or shotgun is not authorized to conduct such a check.
Any firearm dealer licensed under federal law who performs a national instant criminal background check shall provide the seller or transferor of the firearm with a copy of the United States Department of Treasury, Bureau of Alcohol, Tobacco and Firearms Form ATF F 4473. Such dealer shall maintain the form and make the form available for inspection by law enforcement agencies for a period of ten years thereafter. Whenever the attorney general shall believe from evidence that a gun show operator has violated any of the law, the attorney general may bring an action or special proceeding in the supreme court of such violation and for a civil penalty in an amount not to exceed ten thousand dollars[i]. For sale of a firearm, rifle or shotgun at a gun show, a national instant criminal background check shall be conducted and no person shall sell or transfer a firearm, rifle or shotgun at a gun show, except in accordance with the provisions of 18 U.S.C. 922(t). No person shall offer or agree to sell or transfer a firearm, to another person at a gun show and transfer or deliver such firearm to such person or person acting on his or her behalf thereafter at a location other than the gun show for the purpose of evading or avoiding compliance with 18 U.S.C. 922(t). Any person who knowingly violates any of the provisions of sale of firearms at a gun show shall be guilty of a class A misdemeanor punishable as provided for in the penal law[ii]. [i] NY CLS Gen Bus § 896 [ii] NY CLS Gen Bus § 897


