§ 5-26 Disposal of a Handgun Listed on the License.
RCNY § 5-26
(a)Any person lawfully in possession of a handgun who disposes of the same without first notifying the License Division in writing shall be guilty of a Class A Misdemeanor in accordance with the provisions of New York State Penal Law § 265.10(7). Pursuant to New York City Administrative Code § 10-311(a), it shall be unlawful for any person or business enterprise to dispose of any handgun 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. Note: The license becomes invalid if the licensee sells the one and only handgun on their license. Should the licensee wish to sell it without cancelling their license, they shall first follow the instructions to add a handgun.
(b)Reserved.
(c)Pursuant to Administrative Code § 10-311(c), any person who applies for and obtains authorization to purchase, or otherwise lawfully obtains, a handgun shall be required to purchase or obtain a safety locking device at the time they purchase or obtain the handgun.
(d)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.
(e)The buyer may only be a: (1) Licensed New York State Firearms Dealer.
(2)A New York State / New York City Handgun License Holder.
(3)A New York State / New York City Police Officer or Peace Officer.
(f)If the licensee sells to a licensed New York State Firearms Dealer the following documentation shall be required to process the transaction: (1) The "Original Bill of Sale" from the dealer and photocopy.
(g)If the licensee sells to a New York State / New York City Handgun license holder, the following documentation shall be required to process the transaction: (1) An "Original Bill of Sale," signed by the seller and the purchaser, with both signatures notarized.
(4)A copy of the buyer's "Handgun Purchase Authorization form." (5) The licensee shall submit the aforementioned documents, in writing, via email to: [email protected] or via the online application portal to process this transaction.
(h)Once the licensee has sold their handgun(s), they shall appear in person to delete them from their license within ten (10) calendar days of the transaction.
(i)If the licensee wishes to sell their handgun to a New York State / New York City Police Officer or Peace Officer the following documentation shall be required to process the transaction: (1) A notarized "Bill of Sale" showing the make, model, caliber and serial number of the handgun sold; the name, address, shield number, Agency and Command of the Police Officer / Peace Officer. The bill of sale shall be signed by both the seller and the purchaser, dated, and each signature shall be notarized.
(j)If the licensee wants to transfer their handgun(s) to another New York State / New York City license they also possesses, they shall make a written request to the Division Head, License Division. The request shall include the following information: (1) The licensee's name, address and telephone number.
(k)If the licensee wishes to sell all of their handguns and cancel their license, they may do so by submitting the applicable documentation and their handgun license, by emailing [email protected]. (See Cancellation Procedures below.) (Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
