§ 1-04 Licenses and Licensees.
RCNY § 1-04
(a)For purposes of this section, all employees of a licensed dealer in rifles and shotguns shall personally be in possession of a valid rifle/shotgun permit to purchase and possess rifles and shotguns issued by the Rifle/Shotgun Section. Applications for dealer in rifles and shotguns and for possession of rifles and/or shotguns shall be processed together if submitted together.
(b)A dealer's license shall be valid for one year and may be renewed under the same conditions as for original issuance. All licensees shall be held responsible for renewing their licenses upon expiration. Any application to renew a license that has not previously expired, been revoked, suspended or cancelled shall thereby extend the term of the license until disposition is made of the application. Failure to renew a license after expiration shall result in the cancellation of the license.
(c)Federal law requires that dealers in rifles and shotguns shall be licensed by the United States Government Bureau of Alcohol, Tobacco and Firearms (ATF). The New York City Police Department shall notify the ATF of all dealer's licenses that are issued by the Rifle/Shotgun Section. The Police Department reserves the right to withhold a dealer's license from any applicant who does not have a federal license.
(d)All licensees shall be required to sign an acknowledgment that they shall be responsible for compliance with all laws, rules, regulations, standards, and procedures promulgated by federal, state, or local jurisdictions, and by federal, state, or local law enforcement agencies, that are applicable to each type of license or permit issued to them. The Rifle/Shotgun Section shall provide the licensee with the acknowledgment statement to be executed. This acknowledgment statement shall be notarized. Failure to execute the acknowledgment statement and to have it notarized shall result in the license application being denied.
(e)The licensee shall immediately notify the Rifle/Shotgun Section by telephone, followed by written notice within ten (10) calendar days, of any incident or violation of law or rules of federal, state, or local jurisdictions regarding her/himself, partners, officers, directors or stockholders of the licensed corporation or entity, or affecting the premises or business operations. For purposes of this subdivision, an incident includes: (1) arrest, indictment or conviction in any jurisdiction; (2) summons (except traffic infraction); (3) suspension or ineligibility order issued pursuant to § 530.14 of the New York State Criminal Procedure Law or § 842-a of the New York State Family Court Act; (4) the fact that the individual is or becomes the subject or recipient of an order of protection or a temporary order of protection; (5) admission to any psychiatric institution, sanitarium and/or the receipt of psychiatric treatment; (6) receipt of treatment for alcoholism or drug abuse; (7) the presence or occurrence of a disability or condition that may affect the handling of a rifle/shotgun, including but not limited to epilepsy, diabetes, fainting spells, blackouts, temporary loss of memory, or nervous disorder; (8) altered or mutilated license; or (9) discharge of a rifle/shotgun on the licensee's premises.
(f)A dealer's license may be suspended and/or revoked by the Rifle/Shotgun Section for good cause by the issuance of a Notice of Determination Letter to the licensee, which shall state in brief the grounds for the suspension or revocation and notify the licensee of the opportunity for a hearing. The conviction of a licensee anywhere of a felony or serious offense as defined in § 265.00(17) of the Penal Law of New York State, or of a misdemeanor crime of domestic violence as defined in § 921(a) of title 18, United States Code, shall operate as a revocation of the license.
(g)If her/his license is suspended or revoked, the licensee shall be required to deposit any rifles or shotguns as well as any handgun license and any handguns in her/his possession with her/his local police precinct and forward a copy of the voucher together with her/his permit to the Rifle/Shotgun Section, 120-55 Queens Boulevard, Kew Gardens, N.Y. 11424, Room B-11. Her/his failure to comply within ten (10) calendar days from the date of suspension or revocation may result in the arrest of the licensee.
(h)A license issued shall be valid only for the premises mentioned and described in the license. No license is transferable to another person or location. The license shall be prominently displayed on such premises, and available at all times for inspection by members of the New York City Police Department. Failure of any licensee to so exhibit or display her/his license shall be presumptive evidence that s/he is not duly licensed.
(i)Upon issuance of a written Notice of Determination Letter from the Rifle/Shotgun Section notifying the licensee of suspension or of revocation of the license, a suspended/former licensee shall have thirty (30) calendar days from the date of the notice to submit a written request for a hearing to the Commanding Officer, License Division, One Police Plaza, Room 110A, New York, New York 10038. A licensee whose arrest or summons resulted in suspension or revocation of her/his license may only submit a written request or a hearing within thirty (30) calendar days after the termination of the criminal action, as defined in New York State Criminal Procedure Law § 1.20(16)(c). If the suspension or revocation resulted from the licensee becoming the subject of an order of protection or a temporary order of protection, the licensee may only submit a written request for a hearing within thirty (30) calendar days after the expiration or voiding of the order of protection or temporary order of protection. If the suspension or revocation was related to both a criminal action and an order of protection or temporary order of protection, then the later of the two waiting periods shall apply.
(j)Licensees shall be held responsible for having knowledge of all new laws and/or amendments or regulations that may be enacted through legislation or promulgated by the New York City Police Department affecting dealers in rifles and shotguns.
(k)Licensees shall cooperate with all reasonable requests by the Police Department for information and assistance in matters relating to the license.
