How to Sell a Gun in Nassau County New York?
How to Sell a Gun in Nassau County New York?
Buying and selling a firearm in Nassau County, New York is a process that is regulated by state and federal laws. Unlike many other counties in the United States, there are even more regulations that further restrict what kind of firearm can be purchased and a process must be strictly followed during the transaction. Because of the complexities and strict regulations surrounding firearm sales and transfers in both Nassau County and New York state, it is important to be familiar with these laws and follow them carefully to avoid inadvertently breaking the law. We will explain some of the regulations on firearms when is comes to buying and selling a firearm legally in Nassau County.
The following information is compiled from various government entities from the state of New York.
What Are the Requirements for Legally Purchasing a Firearm in Nassau County?
To buy a firearm in Nassau County, you must be at least 21 years old and a resident of the state of New York. Buyers also must also have a valid New York State driver’s license or non-driver identification card.
To purchase a handgun, you must have a valid handgun license or permit, which you can obtain by applying to the Nassau County Police Department. To purchase a rifle or shotgun, you do not need a license or permit, but you must complete a firearms transaction record (Form 4473) and undergo a background check.
If you are buying a firearm from a licensed dealer, the dealer is required to conduct the background check through the National Instant Criminal Background Check System (NICS). If you are buying a firearm from an individual (not a licensed dealer), the transaction must be conducted through a licensed dealer who will conduct the background check.
It is illegal to sell a firearm to someone who is not allowed to own one, such as a convicted felon or someone who has been involuntarily committed to a mental institution. It is also illegal to sell a firearm to someone who is under the age of 21.
When a person purchases a gun from a licensed firearms dealer, he or she must pass a federal background check through the National Instant Criminal Background Check System at the point of 
sale.
Below is text directly from the Nassau County Police Department License Section Handbook
A. PURCHASING FIREARMS
The following is the proper procedure for the purchase of a firearm:
1. The licensee pays a licensed gun dealer in full for a firearm (but does not take possession of said firearm).
Note: Licensees are only authorized to possess the firearm(s) listed on their pistol license.
Note: A licensee is not required to purchase or own a firearm in order to receive or maintain a pistol license.
2. The licensee must respond to the NCPD Pistol License Section with the bill of sale showing the date of sale, make, model, caliber, color, barrel length and serial number.
3. The NCPD Pistol License Section prepares a “Purchase Document” and an Amendment. Note: A Purchase Document must have a raised Nassau County Police Department seal in order to be authentic.
4. The licensee must pay the $10.00 Purchase Document fee (for each weapon) to the NCPD Pistol License Section.
5. If the purchase was made from a licensed dealer anywhere in New York State:
a. The NCPD Pistol License Section adds the firearm(s) to the license.
b. The Purchase Document will expire ten (10) business days from the date of issuance. As such, the licensee has only ten (10) business days to pick up the new firearm(s).
Note: The licensee does not have to bring the firearm(s) back to the NCPD Pistol License Section.
WHEN VISITING THE NASSAU COUNTY POLICE DEPARTMENT’S PISTOL LICENSE SECTION, LICENSEE’S ARE NOT TO BRING ANY LOADED OR UNLOADED HANDGUNS OR LONG GUNS ON THE GROUNDS OF, OR INSIDE OF, NASSAU COUNTY POLICE HEADQUARTERS. IN THE EVENT A LICENSEE’S HANDGUNS OR LONG GUNS ARE TO BE INSPECTED OR SURRENDERED, LICENSEE MUST 36 MAKE CONTACT WITH A PISTOL LICENSE REPRESENTATIVE AND ARRANGE A MUTUALLY ACCEPTABLE DATE AND TIME TO RESPOND TO POLICE HEADQUARTERS PISTOL LICENSE SECTION. ONCE YOU ARRIVE, A PERSONAL PHONE CALL IS TO BE PLACED TO PISTOL LICENSE SECTION, 516-573-7559, TO HAVE A REPRESENTATIVE OF THE NASSAU COUNTY POLICE DEPARTMENT’S PISTOL LICENSE SECTION GREET YOU AT THE MAIN ENTRANCE TO THE BUILDING. ANY WEAPONS BROUGHT TO POLICE HEADQUARTERS MUST BE UNLOADED AND TRANSPORTED IN A CASE OR NON-DESCRIPT CONTAINER. FAILURE TO FOLLOW THESE GUIDELINES MAY RESULT IN THE SUSPENSION AND/OR REVOCATION OF A PISTOL LICENSE.
Selling a Firearm Within Nassau County and How to Conduct a Private Firearm Transaction?
Since March 15, 2013, a background check of a buyer or transferee of a firearm within Nassau County must be performed by a federal firearms licensee (“FFL”) before a firearm is sold or transferred by a private individual.
Below is text directly from the Nassau County Police Department License Section Handbook
C. SELLING OR DISPOSING OF A FIREARM
1. To legally dispose of a firearm(s), a licensee is required to do one of the following:
a. Surrender the firearm(s), in a safe, unloaded condition to the NCPD Pistol License Section,
b. Sell or transfer the firearm(s), whether within or outside New York State, ONLY through a NYS licensed dealer in firearms,
c. Sell or transfer the firearm(s) to an immediate family member, Note: Sales or transfers to spouses, domestic partners, children and step-children are permitted by the NY SAFE Act. Transfer may only be conducted through a NYS licensed dealer in firearms or at the counter of the NCPD Pistol License Section.
d. Surrender the firearm(s) to a licensed gunsmith for destruction, or
e. Place the firearm on consignment (see Section D of this chapter).
2. In addition, when legally disposing of a firearm(s), a licensee is required to do the
following:
a. All firearms transactions must occur prior to the expiration of a license. If the license is expired, the firearms must be immediately surrendered to the NCPD as described above.
b. A bill of sale or dealer’s receipt must accompany all sales of firearms, and must be submitted to the NCPD Pistol License Section in person along with the license for amendment within ten (10) business days. Note: A violation of the above procedures may result in criminal charges for a class A misdemeanor as defined under NYSPL § 265.10(7) and immediate suspension to the license (see also NYSPL § 400.00(15)). A revocation of the license may also result.
The NY SAFE Act
The Secure Ammunition Firearms Enforcement Act prevents criminals and the dangerously mentally ill from buying guns, cracks down on illegal guns and bans assault weapons.
In New York, the 2013 SAFE Act made it more difficult for mentally ill people to obtain guns by requiring mental health professionals to report to local mental health officials if patients are likely to harm themselves or others. These concerns can be reported to the state Division of Criminal Justice Services, which can “disqualify” people from having a permit or possessing firearms.
A handgun is considered an assault weapon if it is semiautomatic and has the ability to accept a detachable magazine and has one or more of the following military characteristics:
- Folding or telescoping stock.
- Thumbhole stock.
- Second handgrip or protruding grip that can be held back by a non-trigger hand.
- Capacity to accept an ammunition magazine that attaches to the pistol outside the pistol grip.
- A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer.
- A shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned.
- A manufactured weight of 50 ounces or more when unloaded.
Here is a list of handguns that are not considered assault weapons in New York.
A rifle is considered an assault weapon if it is semiautomatic and capable of receiving detachable magazines, and has one or more of the following military characteristics:
- Folding or telescoping stock.
- Protruding pistol grip.
- Thumbhole stock.
- Second handgrip or protruding grip that can be held back by a non-trigger hand.
- Bayonet mount.
- Flash suppressor.
- Muzzle break.
- Muzzle compensator.
- A threaded barrel to accommodate the four previous features.
- A grenade launcher.
Here is a list of rifles not considered assault weapons in New York.
A shotgun is considered an assault weapon if it is semiautomatic and has one of the following military characteristics:
- Folding or telescoping stock.
- Thumbhole stock.
- Second handgrip or protruding grip that can be held back by a non-trigger hand.
- A fixed magazine capacity of more than seven rounds.
- Ability to accept a detachable magazine.
Here is a list of shotgun not considered assault weapons in New York.
Firearms Licensing
In New York, a license is required to purchase a handgun. However, a license is not needed for purchasing long guns, but a permit is required. A firearms license is a state license; however, it is issued under the authority of county licensing officers. An applicant must decide what type of license will be sought. The cost varies by each county and can be a lengthy process.
Any person with a handgun license or a registered assault weapon in the state must re-certify every five years through the local county government.
New York City has its own rules and process for purchasing and carrying firearms. To own a handgun, gun owners need a valid City handgun license. To own a rifle or shotgun, a permit is required. Both are issued by the New York Police Department License Division.
To travel to New York City from elsewhere in the state and carry a firearm, a person needs an additional license granted by the New York City Police Commissioner.
Any person with a handgun license or a registered assault weapon in the state must re-certify every five years through the local county government.
As of 2018, the NYPD License Division will only be accepting on-line applications for handgun licenses, rifle/shotgun permits, and renewals, at the “NYPD Permitting & Licensing” public portal. Applications on paper will no longer be accepted.
To access the portal and learn more about applying on-line (on the computer) for a handgun license or a rifle/shotgun permit, visit https://licensing.nypdonline.org.
Antique Guns & Magazines
According to the SAFE ACT, any magazine or gun manufactured more than 50 years ago is considered an antique. Additionally, they are exempt from the prohibition against transfer, but if the gun qualifies as an assault weapon or the magazine holds more than ten rounds it must be registered.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
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“DISCLAIMER”
The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 06/07/23 from https://safeact.ny.gov/ https://gunsafety.ny.gov/resources-gun-dealers https://www1.nyc.gov/site/nypd/services/law-enforcement/permits-licenses-firearms.page https://troopers.ny.gov/firearms www.atf.gov/firearms/docs/guide/new-york-firearms-statutes-and-codes/download