§ 4-03 Requirements of Applicants.
RCNY § 4-03
(a)Applications for dealer in firearms, gunsmith, manufacturer and dealer in air pistols and air rifles shall be filed in the precinct in which the business premises is located.
(b)An applicant shall be over 21 years of age and maintain a place of business in the city, and if the applicant is a partnership, each member shall be over 21 years of age; if the applicant is a corporation each officer shall be over 21 years of age.
(c)Each applicant shall be a citizen of the United States.
(d)Each applicant shall be of good moral character, which means having the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others. For the purposes of the preceding sentence, the use of force that is reasonably necessary to protect oneself or others shall not be construed as endangering oneself or others.
(e)Each applicant shall never have been convicted anywhere of a felony or any other "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 of the United States Code.
(f)No license shall be issued or renewed to any applicant who has not disclosed whether s/he is or has been the subject or recipient of an order of protection or a temporary order of protection, or the subject of a 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.
(g)No license shall be issued or renewed to any applicant unless s/he has stated whether s/he has ever suffered any mental illness or been confined to any hospital or institution, public or private, for mental illness.
(h)Each applicant shall be free from any disability or condition that may affect the ability to safely possess or use a rifle, shotgun, firearm, machine-gun, assault weapon, air pistol or air rifle.
(i)No license shall be transferable to any other person or premises. The license shall mention and describe the premises for which it is issued and shall be valid only for such premises.
(j)A license issued pursuant to this section shall be prominently displayed on the licensed premises. Failure of any licensee to so exhibit or display her/his license shall be presumptive evidence that s/he is not duly licensed.
(k)If applicant has any branch units in the City of New York where any firearms, rifles, shotguns, machine-guns, assault weapons, air pistols, or air rifles are stored or any activities requiring a license are conducted, a separate application shall be filed with the precinct where each branch is located and a separate license secured for each premises.
(l)Each applicant shall be fingerprinted pursuant to the provisions of New York State Penal Law § 400.00.
(m)A corporation shall file a certified copy of its articles of incorporation with application.
(n)If names of current officers do not appear in articles, a certified copy of the minutes of the directors' meeting at which current officers were elected shall be submitted with application.
(o)If there is a change of officers in a corporation, the corporation shall send to the License Division, One Police Plaza, Room 110A, New York, New York 10038, a certified copy of the minutes showing names of new officers.
(p)If applicant represents a partnership or uses a trade name, a certificate from the county clerk of the county in which the certificate is recorded shall be filed with application.
(q)Change of residence address for any individual licensee, partner, officer, stockholder, or director of a corporation, except those stockholders or directors whose fingerprints are waived, shall be filed with the Commanding Officer of the precinct wherein the premises is located, within 48 hours after change becomes effective.
(r)Applications shall be submitted together with the application fee on forms supplied by the Commissioner and shall be subscribed and sworn to by all individual applicants, partners, stockholders or officers of the corporation as the case may be. The annual fee, to be submitted with the application, by certified check or money order payable to the N.Y.C. Police Department, shall be twenty-five ($25) dollars for a gunsmith or manufacturer, fifty ($50) dollars for a dealer in firearms and ten ($10) dollars for a dealer in air pistols and air rifles.
(s)A false statement on the application shall be grounds for disapproval.
(t)Plans and Permits.
(1)Applicant shall submit architectural plans of the premises proposed to be licensed and such plans shall be prepared by a registered architect.
(2)Applicant shall submit a current class (1) Federal Firearms License.
(3)Applicant shall submit a Certificate of Occupancy (C of O) zoned for gun dealers business. The C of O will state if premises is approved for more or less than 200 rounds of ammunition. If approved for more than 200 rounds a Fire Department permit is required.
(4)Applicant shall submit a current lease or deed for license location.
(5)Commanding Officer or designee (crime prevention officer or community policing supervisor) of the local precinct shall inspect premises to ensure that security measures are adequate. A central station alarm shall be in place and operable.
(6)Applicant shall submit any and all licenses issued to her/him by the License Division, including a New York City Rifle/Shotgun Dealer's License, handgun license, or rifle/shotgun permit.
(7)Applicant shall submit a Second-Hand Dealer's License issued by the Department of Consumer Affairs, if applicable.
(u)During the pendency of the application, the applicant shall notify the License Division of any necessary correction to or modification of the information provided in the original application, or any change in her/his status or circumstances, which may be relevant to the application.
(v)If her/his license application is disapproved the applicant shall receive a written "Notice of Application Disapproval" from the License Division indicating the reason(s) for the disapproval. If the applicant wishes to appeal the decision s/he shall submit a sworn written statement, which shall be known as an "Appeal of Application Disapproval," to the Division Head, License Division, within thirty (30) calendar days of the date on the "Notice of Application Disapproval" requesting an appeal of the denial, and setting forth the reasons supporting the appeal. The Appeal of Application Disapproval shall become part of the application. It shall state the grounds for the appeal and shall contain the following statement to be signed by the applicant and notarized: "Under penalty of perjury, deponent being duly sworn, says that s/he is familiar with all of the statements contained herein and that each of these statements is true, and no pertinent facts have been omitted." Appeals that are unsworn by the applicant or submitted by individuals or business entities other than the applicant or her/his New York State licensed attorney shall not be accepted. All timely appeals shall receive a complete review of the applicant's entire file by the Division Head, License Division, who shall notify the applicant of her/his determination. The Division Head, License Division shall not consider any documentation that was not submitted during the initial background investigation. There shall be no personal interviews to discuss appeals. If the appeal of her/his disapproval is denied, the applicant shall receive a "Notice of Disapproval After Appeal" letter from the Division Head, License Division. This notice concludes the Police Department's administrative review procedure. (Amended City Record 12/16/2022, eff. 12/16/2022)
