§ 2-05 Custodian Appointment and Duties.
RCNY § 2-05
(a)Upon application an organization shall appoint two (2) active members or employees of the organization to be personally responsible for all rifles and shotguns possessed by the organization, its employees or members. These individuals shall be known as the custodian and alternate custodian.
(b)It shall be certified upon an application for registration that the custodian and alternate custodian are rifle/shotgun permit holders; the identification numbers thereof; that they are active members or employees of the organization; that they undertake to supervise the acts of the employees and members of the organization while they use any rifles or shotguns possessed by the organization; and that they have not been previously denied or had revoked appointment as a custodian or alternate custodian for the applicant or any other organization. If the organization does not have two active members or employees, the custodian shall be an active member or employee and the alternate custodian shall be a suitable designated individual who possesses a rifle/shotgun permit.
(c)The Rifle/Shotgun Section reserves the right to require the custodian and alternate custodian to be fingerprinted and/or photographed in contemplation of issuing an organization registration certificate.
(d)The custodian and alternate custodian shall ensure that all members or employees using rifles and shotguns registered by the organization are licensed by the Rifle/Shotgun Section to possess rifles and shotguns. The provisions of 38 RCNY § 2-05(d) shall not be applicable to the following organizations: (1) An organization actively engaged in the instruction of minors in the use of rifles and/or shotguns or the supervision of a competition or target practice for minors. A custodian and alternate custodian, designated by an organization of this nature, shall closely supervise all minors using rifles and/or shotguns registered by the organization, and ensure that such minors are instructed in the safe use of rifles and/or shotguns.
(2)A paramilitary organization actively engaged in the presentation of military drill or parade. A custodian and alternate custodian designated by an organization of this nature shall closely supervise all individuals using rifles and/or shotguns during all military drills or parades. The custodian and alternate custodian shall also ensure that such rifles and/or shotguns are not loaded during such events.
(e)The conviction of a custodian or alternate custodian anywhere of a felony or serious offense as defined in § 265.00(17) of the New York State Penal Law, or of a misdemeanor crime of domestic violence as defined in § 921(a) of title 18, United States Code, may require suspension or revocation of an organization's registration certificate. An organization's registration certificate may be suspended or revoked if the custodian or alternate custodian is the subject or recipient of an order of protection or a temporary order of protection, or the subject of an 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.
(f)A custodian or alternate custodian 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 the custodian or alternate custodian, 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 custodian or alternate custodian 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) lost, stolen, altered or mutilated certificate of registration or organization registration certificate; or (9) unlawful discharge of a rifle/shotgun.
(g)An organization shall inform the Rifle/Shotgun Section in writing of any proposed change of custodianship or any other amendment of its registration. An organization shall not alter a registration certificate without the permission of the Rifle/Shotgun Section.
(h)The custodian and alternate custodian shall each be required to sign an acknowledgment that s/he 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 her/him and to the organization. The Rifle/Shotgun Section shall provide the custodian and alternate custodian with the acknowledgment statement. These acknowledgment statements shall be affirmed in writing. Failure to affirm the acknowledgment statements shall result in denial of the application for the organization registration certificate. Upon appointment, each successive custodian and alternate custodian shall be required to affirm in writing an acknowledgment statement. Failure to do so shall result in the suspension or revocation of the organization's registration certificate. Custodians and alternate custodians shall be held responsible for having knowledge of all new laws and rules that may be enacted by local, state, or federal legislatures or promulgated by the New York City Police Department affecting their organization.
(i)The custodian and alternate custodian shall be responsible for securing all rifles and shotguns and all ammunition possessed by the organization at the close of business/activities every day. Failure to do so shall constitute good cause for suspension or revocation of the organization's registration certificate.
(j)Pursuant to New York City Administrative Code § 10-311(a), it shall be unlawful for any person or business enterprise to dispose of any rifle or shotgun which does not contain a safety locking device, defined as a design adaptation or attachable accessory that will prevent the use of the weapon by an unauthorized user. The following types of safety locking devices will be deemed to comply with this provision: (1) a trigger lock, which prevents the pulling of the trigger without the use of a key; or (2) a combination handle, which prevents the use of the weapon without the alignment of the combination tumblers; or (3) a detachable or non-detachable locking device, composed primarily of steel or other metal of significant gauge to inhibit breaking, utilizing a metallic key or combination lock, rendering the weapon inoperable until the locking device is removed by an authorized person.
(k)Pursuant to New York City Administrative Code § 10-311(b), it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to dispose of any rifle or shotgun in New York City unless it is accompanied by the following warning, which shall appear in conspicuous and legible type in capital letters, and which shall be printed on a label affixed to the rifle or shotgun and on a separate sheet of paper included within the packaging enclosing the rifle or shotgun: "THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE WEAPON STORAGE. ALL WEAPONS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN AND ANY OTHER UNAUTHORIZED PERSONS. NEW YORK CITY LAW PROHIBITS, WITH CERTAIN EXCEPTIONS, ANY PERSON FROM ACQUIRING MORE THAN ONE FIREARM, OR MORE THAN ONE RIFLE OR SHOTGUN, WITHIN A 90-DAY PERIOD." (l) Pursuant to New York City Administrative Code § 10-311(c), any person who applies for and obtains authorization to purchase, or otherwise lawfully obtains, a rifle or shotgun shall be required to purchase or obtain a safety locking device at the time s/he purchases or obtains the rifle or shotgun.
(m)Pursuant to New York City Administrative Code § 10-311(d), the City of New York and its agencies, officers or employees shall not be liable to any party by reason of any incident involving, or the use or misuse of a safety locking device that may have been purchased in compliance with these rules.
(n)Organizations, custodians and alternate custodians shall cooperate with all reasonable requests by the Police Department for information and assistance in matters relating to the certificate. (Amended City Record 12/6/2024, eff. 1/5/2025)
