N.Y. Comp. Codes R. & Regs. tit. 9 § 472.5

Current through Register Vol. 46, No. 22, May 29, 2024

Section 472.5 - Responsibilities of dealers in firearms

NOTE:As used in this section only, the term Manufacturer, in addition to the meaning set forth in section 472.2 of this Part, shall also include any person, firm or corporation outside this State engaged in the business of supplying pistols or revolvers to licensed dealers in firearms in this State.

(a) Actions required upon receipt of a new pistol or revolver.

(1) A dealer in firearms that receives a new pistol or revolver from a manufacturer on or after March 1, 2001, shall upon receipt, ensure that the firearm is accompanied by a properly completed and sealed approved container enclosing a ballistic sample.

(2) If the pistol or revolver is accompanied by an appropriate ballistic sample the dealer shall retain such sample with the firearm until the firearm is transferred to another person.

(3) If the pistol or revolver is not accompanied by an appropriate ballistic sample the dealer shall within 10 days either:

(i) return the firearm to the manufacturer and notify the manufacturer of the requirement to provide a ballistic sample in compliance with this Part and with General Business Law section 396-ff (under this option notification to the Division of State Police of such manufacturer's noncompliance is not required); or

(ii) contact a regional CoBIS center to arrange an appointment for the New York State Police to secure the appropriate ballistic sample and thereby make notification to the Division of State Police of the manufacturer's noncompliance with this Part and with General Business Law section 396-ff. Upon securing a ballistic sample, the New York State Police will issue the dealer a certificate of compliance (information pertaining to the operation of regional CoBIS centers is contained in section 472.6 of this Part).

(b) Actions required upon transfer of a new pistol or revolver between licensed dealers.

NOTE:After a certificate of compliance is issued to any dealer in firearms for a specific pistol or revolver, subsequent transfers of such firearm between dealers do not require submission of additional ballistic samples.

On or after March 1, 2001, any dealer in firearms that transfers a pistol or revolver to another dealer in firearms shall include in the container with such pistol or revolver the ballistic sample received from the manufacturer, or the certificate of compliance issued by the New York State Police. The dealer to whom the firearm is transferred shall retain such sample or certificate with the firearm until the firearm is transferred to another person.

(c) Actions required upon retail sale of a new pistol or revolver. On or after March 1, 2001, any dealer in firearms that delivers a pistol or revolver to any person other than another dealer in firearms shall within 10 days forward to the CoBIS officer by certified US mail or by a parcel delivery service that maintains package tracking capabilities either:

(1) the ballistic sample received from the manufacturer, packaged in a manner suitable to protect the sample from damage, along with the original transaction report required by subdivision 12 of section 400.00 of the Penal Law; or

(2) the certificate of compliance issued by the New York State Police upon collection of the ballistic sample for such firearm at a regional CoBIS center, which shall also serve as the original transaction report required by subdivision 12 of section 400.00 of the Penal Law.

(d) Actions required upon drop-shipment of pistols or revolvers to a law enforcement agency. For purposes of this section, a dealer in firearms shall be deemed in compliance with this Part if:

(1) the dealer in firearms makes arrangements to drop-ship pistols or revolvers to a regularly constituted or appointed law enforcement agency in this State, and such agency shall maintain ownership of such firearms for use by police officers or peace officers entitled to possess firearms pursuant to section 265.20a 1 (a), (b) or (c) of the New York State Penal Law;

(2) the dealer enters into a written agreement with the chief executive officer of such regularly constituted or appointed law enforcement agency, which agreement provides that the agency will forward the required ballistic samples to the CoBIS officer as described in subdivision (c) of this section, or will contact a regional CoBIS center to secure such samples if not supplied by the manufacturer; and

(3) the dealer notifies the superintendent in writing (attention CoBIS officer at CoBIS headquarters) within 10 days of completing the drop-shipment. Such notification shall identify the law enforcement agency receiving the shipment and provide a list of all firearms included in such shipment by make, model, caliber and serial number, and shall include a copy of the written agreement between the dealer and the chief executive officer of the law enforcement agency.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 472.5