§ 4-04 Licensee Requirements.
RCNY § 4-04
(a)For purposes of this section, all employees, as defined in 38 RCNY § 4-02, of a licensed gunsmith or dealer in firearms, shall personally be in possession of the required, valid license(s) or permit(s) issued by the License Division to possess handguns, rifles and/or shotguns. No person shall be employed who has been convicted anywhere of a felony, misdemeanor, serious offense as defined in § 265.00(17) of the New York State Penal Law, or a misdemeanor crime of domestic violence, as defined in § 921(a) of title 18 of the United States Code. No person shall be employed who is 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. The fitness of any employee for continued employment is subject to review by the Commissioner. The licensee may be directed to terminate such employment if such employment involves access in any manner to firearms, rifles, shotguns, machine-guns, or assault weapons, based upon an arrest for any offense, or upon previous connection with a premises wherein the license was revoked or denied, or on said employee's character or reputation, or upon the employee's being or becoming the recipient or subject of an order of protection or a temporary order of protection. Licensees shall submit a roster of employees in triplicate on a form prescribed by the Commissioner, together with original application and with each renewal application. A report of any change of personnel, or change of residence address of an employee shall be filed in writing with the Commanding Officer of the precinct wherein the premises is located, within 48 hours after such change becomes effective.
(b)No firearms shall be sold, or given away, or otherwise disposed of, except to a person expressly authorized under the provisions of Articles 265 and 400 of the New York State Penal Law and §§ 1.20 and 2.10 of the New York State Criminal Procedure Law to possess and have such firearm. Any police officer or peace officer as defined in the Criminal Procedure Law shall produce her/his shield and proper identification card before purchasing a pistol or revolver. A peace officer whose status does not confer authorization to possess firearms pursuant to § 2.10 of the New York State Criminal Procedure Law shall possess a handgun license or rifle/shotgun permit in order to be a lawful transferee. Therefore, before delivering a firearm, rifle, shotgun, machine-gun or assault weapon to a peace officer, the licensee shall verify that person's status as a peace officer with the License Division Incident Section at (212) 374-5538 or 5539.
(c)Pursuant to New York City Administrative Code § 10-311(a), it shall be unlawful for any person or business enterprise to dispose of any firearm 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.
(d)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 firearm 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 firearm and on a separate sheet of paper included within the packaging enclosing the firearm: "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." (e) 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 firearm shall be required to purchase or obtain a safety locking device at the time s/he purchases or obtains the firearm.
(f)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.
(g)In the event that any individual lacking authority to possess a firearm, rifle, shotgun, machine-gun or assault weapon attempts to leave such weapon with a licensee for cleaning, repairing or other processing, the licensee may accept the firearm, rifle, shotgun, machine-gun or assault weapon and obtain the name, address, telephone number, etc. of the person leaving the weapon. The licensee shall immediately report the incident to the precinct wherein the premises is located. If the licensee does not accept the firearm, rifle, shotgun, machine-gun or assault weapon for cleaning, repairing, or other processing, s/he shall report the incident to the precinct wherein the premises is located as soon as the individual possessing the weapon leaves the premises. In the event that any individual lacking authority to possess a firearm, rifle, shotgun, machine-gun or assault weapon offers to sell or otherwise dispose of such weapon to a licensee, the licensee shall attempt to obtain the name, address, and telephone number of said individual and shall notify the precinct wherein the premises is located as soon as said individual leaves the premises.
(h)The licensee and all stockholders, officers, directors, applicants, agents and employees shall at all times comply with all laws, rules, regulations and requirements of all federal, state and local jurisdictions and agencies having authority with respect to the premises and conduct and operation of the licensed business, now in effect or hereafter adopted.
(i)The licensee shall immediately make a telephone notification to the Division Head, License Division and the Commanding Officer of the precinct wherein the premises is located, followed by written notice to both within ten (10) calendar days, of any incident or violations of law or rules of federal, state or local jurisdictions regarding her/himself, partners, officers, directors, stockholders, agents or employees of the licensed corporation 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 firearm, rifle, shotgun, machine-gun or assault weapon including but not limited to epilepsy, diabetes, fainting spells, blackouts, temporary loss of memory, or nervous disorder; (8) lost, stolen, altered or mutilated license; or (9) unauthorized discharge of a firearm, rifle, shotgun, machine-gun or assault weapon on the licensee's premises.
(j)The conviction of a licensee 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, shall operate as a revocation of the license. A license may also be revoked or suspended by a court pursuant to § 530.14 of the New York State Criminal Procedure Law or § 842-a of the New York State Family Court Act.
(k)If her/his license is suspended or revoked, the licensee shall be required to deposit any firearms, rifles, shotguns, machine-guns and assault weapons as well as any handgun license or rifle/shotgun permit in her/his possession with her/his local police precinct and forward a copy of the voucher together with her/his license to the License Division. 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.
(l)A license may be suspended and/or revoked by the License Division 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. Upon issuance of a written Notice of Determination Letter notifying the licensee of suspension or revocation of the license, a suspended/former licensee shall have thirty (30) calendar days from the date of the notice of determination 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 for 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.
(m)A license issued shall be valid only for the premises mentioned and described in the license and shall be prominently displayed on such premises.
(n)Pursuant to New York City Administrative Code § 10-312, it shall be a criminal violation for any person who is the lawful owner or lawful custodian of a firearm to store or otherwise place or leave such weapon in such a manner or under circumstances that it is out of her/his immediate possession or control, without having rendered such weapon inoperable by employing a safety locking device as defined in subdivision (c) of this section. Such offense shall constitute a misdemeanor if the offender has previously been found guilty of such violation or if the violation is committed under circumstances which create a substantial risk of physical injury to another person. Firearms may be displayed so long as the firearms are enclosed in a glass case within the premises and are removed and adequately safeguarded during the hours the business is closed. Firearms dealers may not display firearms or ammunition in the store windows or doors. Licensees are responsible for the safeguarding of their firearm inventory and the loss of firearm(s) may result in the revocation of the firearms dealer's license. All firearms shall be locked in an enclosed security room or safe, when not properly displayed.
(o)Each licensee shall cause a physical inventory to be taken prior to making application for renewal of her/his license, which shall include a listing of each firearm by make, calibre and serial number and shall be prepared in triplicate. The original copy of the inventory shall be maintained on the premises, the duplicate forwarded to the License Division and the triplicate filed in the precinct. In addition to the annual inventory, the licensee shall maintain a perpetual inventory and establish an internal security system acceptable to the Commissioner.
(p)Ammunition shall not be displayed in any area. Any ammunition required in the selling area shall be kept in a locked container not visible to the public. All other ammunition shall be stored in an area of the premises that can be secured and is not in view of the public. Only the licensee and authorized employees shall have access to this area.
(q)A record of all ammunition received and dispensed shall be maintained in a bound book with pages consecutively numbered. It shall be the responsibility of the licensee or a designated employee to make entries in this record. This book together with all invoices received shall be kept in the ammunition storage area.
(r)This record shall be arranged in columnar form as outlined below. The first page of this book shall have an inscription bearing the name and address of the premises, license number, name of the owner of the premises, name of employee designated to make entries, and the date of the book being opened. Beginning on page 2, each even numbered page shall contain a record of ammunition received and starting with page 3, each odd numbered page shall contain a record of ammunition dispersed. AMMUNITION RECEIVED Date Time Transporter / Manufacturer Invoice Gauge / Calibre Type Quantity Signature Comments – – – – – – – – – – – – – – – – – – AMMUNITION SOLD Date Time Manufacturer Gauge / Calibre Quantity Name Address Date of Birth Identification(how determined) – – – – – – – – – – – – – – – – – – (s) Permission to deviate from the above indicated procedure shall be requested from the Division Head, License Division, through the Commanding Officer of the precinct in which the licensed premises is located.
(t)Licensees shall cooperate with all reasonable requests by the Police Department for information and assistance in matters relating to the license. (Amended City Record 12/6/2024, eff. 1/5/2025)
