LBD02532-01-7
S. 2673 2
844. RESTRICTED ADMITTANCE.
845. CRIMINAL PENALTY.
§ 825. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "APPLICANT" MEANS ANY PERSON WHO APPLIES FOR A DEALER PERMIT OR THE
RENEWAL THEREOF, TO SELL, LEASE OR TRANSFER FIREARMS OR AMMUNITION.
2. "COMMISSIONER" MEANS THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES.
3. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
4. "ENGAGE IN THE BUSINESS OF SELLING, LEASING OR TRANSFERRING
FIREARMS OR AMMUNITION" MEANS:
(A) CONDUCTING THE BUSINESS OF SELLING, LEASING OR TRANSFERRING
FIREARMS OR AMMUNITION;
(B) HOLDING ONESELF OUT AS ENGAGED IN THE BUSINESS OF SELLING, LEASING
OR TRANSFERRING FIREARMS OR AMMUNITION; OR
(C) THE SALE, LEASE OR TRANSFER OF FIREARMS OR AMMUNITION IN QUANTITY,
IN SERIES, IN INDIVIDUAL TRANSACTIONS.
5. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
§ 826. DEALER PERMIT. NO PERSON SHALL ENGAGE IN THE BUSINESS OF SELL-
ING, LEASING OR TRANSFERRING FIREARMS OR AMMUNITION WITHOUT A DEALER
PERMIT ISSUED PURSUANT TO THIS ARTICLE.
§ 827. APPLICATION FOR DEALER PERMIT. 1. A PERSON WHO IS REQUIRED TO
OBTAIN A DEALER PERMIT PURSUANT TO THIS ARTICLE SHALL:
(A) APPEAR IN PERSON AT A TIME AND PLACE DESIGNATED BY THE COMMISSION-
ER;
(B) COMPLETE AND SUBMIT TO THE DIVISION AN APPLICATION, IN WRITING,
SIGNED UNDER PENALTY OF PERJURY, ON A FORM PRESCRIBED BY THE COMMISSION-
ER;
(C) PROVIDE ALL INFORMATION REQUIRED BY THE COMMISSIONER, INCLUDING:
(I) THE APPLICANT'S FULL NAME AND ANY OTHER NAME BY WHICH THE APPLI-
CANT HAS EVER BEEN KNOWN;
(II) THE HOME ADDRESS AND TELEPHONE NUMBER OF THE APPLICANT;
(III) THE OCCUPATION, BUSINESS ADDRESS AND BUSINESS TELEPHONE NUMBER
OF THE APPLICANT;
(IV) THE LICENSE AND PERMIT NUMBERS OF ALL FEDERAL, STATE AND LOCAL
LICENSES AND PERMITS HELD BY THE APPLICANT THAT AUTHORIZE THE APPLICANT
TO SELL, LEASE OR TRANSFER FIREARMS OR AMMUNITION, IF ANY;
(V) SUCH INFORMATION AS MAY BE REQUIRED BY THE COMMISSIONER RELATING
TO EVERY OTHER LICENSE OR PERMIT TO SELL, LEASE, TRANSFER, PURCHASE OR
POSSESS FIREARMS AND AMMUNITION WHICH IS HELD BY OR WAS SOUGHT BY THE
APPLICANT FROM THE FEDERAL, OR ANY STATE OR LOCAL GOVERNMENT, INCLUDING,
BUT NOT LIMITED TO, THE TYPE OF LICENSE OR PERMIT HELD OR SOUGHT, THE
DATE OF EACH APPLICATION AND WHETHER IT RESULTED IN THE ISSUANCE OF THE
LICENSE OR PERMIT, AND THE DATE AND CIRCUMSTANCES OF ANY REVOCATION OR
SUSPENSION;
(VI) THE ADDRESS OF THE LOCATION FOR WHICH THE PERMIT IS SOUGHT, IF
DIFFERENT THAN THE APPLICANT'S BUSINESS ADDRESS;
(VII) THE BUSINESS NAME, AND THE NAME OF ANY PERSON, CORPORATION,
PARTNERSHIP, LIMITED LIABILITY COMPANY OR OTHER ENTITY THAT HAS ANY
OWNERSHIP IN OR CONTROL OVER THE BUSINESS;
(VIII) THE NAMES, DATES OF BIRTH AND ADDRESSES OF ALL PERSONS WHO WILL
HAVE ACCESS TO OR CONTROL OF WORKPLACE FIREARMS OR AMMUNITION, INCLUDING
BUT NOT LIMITED TO, THE APPLICANT'S EMPLOYEES, AGENTS AND SUPERVISORS,
IF ANY;
(IX) PROOF OF A POSSESSORY INTEREST IN THE PROPERTY AT WHICH THE BUSI-
NESS IS OR WILL BE CONDUCTED, AS OWNER, LESSEE OR OTHER LEGAL OCCUPANT,
AND, IF THE APPLICANT IS NOT THE OWNER OF RECORD OF THE REAL PROPERTY
S. 2673 3
UPON WHICH THE APPLICANT'S BUSINESS IS OR IS TO BE LOCATED AND
CONDUCTED, THE WRITTEN CONSENT OF THE OWNER OF RECORD OF SUCH REAL PROP-
ERTY TO THE APPLICANT'S BUSINESS;
(X) A FLOOR PLAN OF THE BUSINESS WHICH ILLUSTRATES THE APPLICANT'S
COMPLIANCE WITH SECURITY REQUIREMENTS OF THIS ARTICLE;
(XI) PROOF OF COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
LICENSING, ZONING, LAND USE AND OTHER BUSINESS LAWS;
(XII) CERTIFICATION OF SATISFACTION OF THE INSURANCE REQUIREMENTS OF
THIS ARTICLE; AND
(XIII) THE DATES, LOCATIONS AND NATURE OF ALL CRIMINAL CONVICTIONS OF
THE APPLICANT, IF ANY, IN ANY JURISDICTION IN THE UNITED STATES.
2. THE DIVISION MAY IMPOSE A FEE FOR THE SUBMISSION OF AN APPLICATION
PURSUANT TO THIS SECTION.
§ 828. INVESTIGATION BY DIVISION. 1. THE DIVISION SHALL CONDUCT AN
INVESTIGATION OF THE APPLICANT TO DETERMINE WHETHER A DEALER PERMIT MAY
BE ISSUED OR RENEWED. THE DIVISION SHALL REQUIRE: (A) THE APPLICANT; AND
(B) ALL PERSONS WHO WILL HAVE ACCESS TO OR CONTROL OF WORKPLACE FIREARMS
OR AMMUNITION, INCLUDING BUT NOT LIMITED TO THE APPLICANT'S EMPLOYEES,
AGENTS AND/OR SUPERVISORS, IF ANY, TO PROVIDE FINGERPRINTS, A RECENT
PHOTOGRAPH, A SIGNED AUTHORIZATION FOR THE RELEASE OF PERTINENT RECORDS,
AND ANY ADDITIONAL INFORMATION WHICH THE COMMISSIONER DEEMS NECESSARY TO
COMPLETE THE INVESTIGATION.
2. PRIOR TO ISSUANCE OR RENEWAL OF A DEALER PERMIT, THE DIVISION SHALL
INSPECT THE PREMISES OF THE APPLICANT BUSINESS TO ENSURE COMPLIANCE WITH
THIS ARTICLE.
3. THE DIVISION MAY GRANT OR RENEW A DEALER PERMIT IF THE APPLICANT IS
IN COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND ALL OTHER APPLICA-
BLE FEDERAL, STATE AND LOCAL LAWS.
§ 829. GROUNDS FOR DENIAL OF PERMIT. 1. THE DIVISION SHALL DENY AN
APPLICATION FOR THE ISSUANCE OR RENEWAL OF A DEALER PERMIT IF THE OPERA-
TION OF THE BUSINESS WOULD NOT OR DOES NOT COMPLY WITH FEDERAL, STATE
AND LOCAL LAWS, OR IF THE APPLICANT:
(A) IS UNDER TWENTY-ONE YEARS OF AGE;
(B) IS NOT LICENSED AS REQUIRED BY ALL APPLICABLE FEDERAL, STATE AND
LOCAL LAWS;
(C) HAS MADE A FALSE OR MISLEADING STATEMENT OF A MATERIAL FACT OR
OMISSION OF A MATERIAL FACT IN THE APPLICATION FOR SUCH PERMIT, OR IN
ANY OTHER DOCUMENTS SUBMITTED TO THE DIVISION. IF A PERMIT IS DENIED ON
THIS GROUND, THE APPLICANT IS PROHIBITED FROM REAPPLYING FOR A PERMIT
FOR A PERIOD OF FIVE YEARS;
(D) HAS HAD A LICENSE OR PERMIT TO SELL, LEASE, TRANSFER, PURCHASE OR
POSSESS FIREARMS OR AMMUNITION FROM THE FEDERAL OR ANY STATE OR LOCAL
GOVERNMENT REVOKED, SUSPENDED OR DENIED FOR GOOD CAUSE WITHIN THE
PRECEDING FIVE YEARS;
(E) IS PROHIBITED BY ANY FEDERAL, STATE OR LOCAL LAW FROM PURCHASING
OR POSSESSING FIREARMS OR AMMUNITION, OR HAS BEEN CONVICTED OF:
(I) A CRIME RELATING TO THE MANUFACTURE, SALE, POSSESSION OR USE OF A
FIREARM, RIFLE, SHOTGUN, DANGEROUS DEADLY WEAPON OR AMMUNITION;
(II) A CRIME INVOLVING THE USE OF FORCE OR VIOLENCE UPON THE PERSON OF
ANOTHER;
(III) A CRIME INVOLVING THEFT, FRAUD, DISHONESTY OR DECEIT; OR
(IV) A CRIME INVOLVING THE SALE OR POSSESSION OF A CONTROLLED
SUBSTANCE; OR
(F) IS CURRENTLY OR HAS BEEN WITHIN THE PRECEDING FIVE YEARS, AN
UNLAWFUL USER OF OR ADDICTED TO A CONTROLLED SUBSTANCE.
S. 2673 4
2. THE EMPLOYEES, AGENTS AND SUPERVISORS OF AN APPLICANT SHALL NOT
HAVE ACCESS TO OR CONTROL OVER WORKPLACE FIREARMS OR AMMUNITION UNTIL
THE DIVISION HAS CONDUCTED AN INVESTIGATION PURSUANT TO SECTION EIGHT
HUNDRED TWENTY-EIGHT OF THIS ARTICLE, AND VERIFIED THAT NONE OF THE
CONDITIONS LISTED IN SUBDIVISION ONE OF THIS SECTION EXIST, AS APPLIED
TO THOSE EMPLOYEES, AGENTS OR SUPERVISORS. A NEW LAW ENFORCEMENT INVES-
TIGATION AND BACKGROUND VERIFICATION OF SUCH PERSONS MUST BE CONDUCTED
EACH TIME THE APPLICANT RENEWS HIS OR HER PERMIT, OR APPLIES FOR A NEW
PERMIT.
§ 830. ISSUANCE OF DEALER PERMIT. A DEALER PERMIT SHALL BE VALID FOR A
PERIOD OF THREE YEARS FROM THE DATE OF ITS ISSUANCE. A PERMIT MAY BE
RENEWED PRIOR TO ITS EXPIRATION IF THE PERMITTEE SUBMITS A TIMELY APPLI-
CATION FOR RENEWAL, ACCOMPANIED BY A NONREFUNDABLE RENEWAL FEE ESTAB-
LISHED BY THE COMMISSIONER. RENEWAL OF A PERMIT SHALL BE CONTINGENT UPON
THE PERMITTEE'S COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE ORIGINAL
APPLICATION AND PERMIT AND ANY ADDITIONAL CONDITIONS ARISING PURSUANT TO
LAW. ANY POLICE OFFICER MAY INSPECT THE BUSINESS PREMISES FOR COMPLIANCE
WITH THE PROVISIONS OF THIS ARTICLE PRIOR TO RENEWAL OF THE PERMIT. THE
RENEWAL APPLICATION AND THE RENEWAL FEE MUST BE RECEIVED BY THE DIVISION
NO LATER THAN FORTY-FIVE DAYS BEFORE THE EXPIRATION OF THE CURRENT
PERMIT.
§ 831. REVOCATION. THE DIVISION MAY REVOKE THE DEALER PERMIT OF ANY
PERMITTEE FOUND TO BE IN VIOLATION OF ANY PROVISION OF THIS ARTICLE, OR
ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW.
§ 832. REPORT OF REVOCATION. IN ADDITION TO ANY OTHER PENALTY OR REME-
DY, THE DIVISION SHALL REPORT THE REVOCATION OF ANY DEALER PERMIT TO THE
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.
§ 833. DISPLAY OF DEALER PERMIT. THE DEALER PERMIT OF A PERMITTED
BUSINESS SHALL BE CONSPICUOUSLY DISPLAYED UPON THE PREMISES OF SUCH
BUSINESS IN A LOCATION VISIBLE TO THE PUBLIC.
§ 834. INSPECTION. PERMITTED PLACES OF BUSINESS SHALL BE OPEN FOR
INSPECTION BY ANY POLICE OFFICER DURING ALL HOURS OF OPERATION. THE
DIVISION SHALL CONDUCT AN INSPECTION OF THE BUSINESS IN CONNECTION WITH
THE INITIAL ISSUANCE OF A PERMIT, AND THEREAFTER CONDUCT AN INSPECTION
IN CONNECTION WITH EACH RENEWAL OF THE PERMIT. PERMITTEES SHALL MAINTAIN
ALL RECORDS, DOCUMENTS, FIREARMS AND AMMUNITION IN A MANNER AND PLACE
ACCESSIBLE FOR INSPECTION BY LAW ENFORCEMENT OFFICERS.
§ 835. SECURITY. 1. ALL FIREARMS AND AMMUNITION IN THE INVENTORY OF A
PERMITTEE SHALL BE KEPT AT THE PERMITTED BUSINESS LOCATION.
2. IF THE BUSINESS LOCATION IS TO BE USED AT LEAST IN PART FOR THE
SALE OF FIREARMS, ALL PERIMETER DOORWAYS, WINDOWS, AND HEATING, VENTI-
LATING, AIR-CONDITIONING AND SERVICE OPENINGS SHALL BE SECURED IN A
MANNER PRESCRIBED BY THE COMMISSIONER.
3. ANY TIME A PERMITTED BUSINESS LOCATION IS NOT OPEN TO THE PUBLIC,
EVERY FIREARM SHALL BE STORED IN ONE OF THE FOLLOWING WAYS:
(A) IN A LOCKED FIREPROOF SAFE OR VAULT IN THE PERMITTEE'S BUSINESS
PREMISES THAT MEETS UNDERWRITERS LABORATORIES RESIDENTIAL SECURITY
CONTAINER RATING STANDARDS BY A NATIONALLY RECOGNIZED TESTING LABORATO-
RY; OR
(B) SECURED WITH A HARDENED STEEL ROD OR CABLE OF AT LEAST ONE-FOURTH
INCH IN DIAMETER THROUGH THE TRIGGER GUARD OF THE FIREARM. NO MORE THAN
FIVE FIREARMS MAY BE AFFIXED TO ANY ONE ROD OR CABLE AT ANY TIME.
4. ANY TIME A PERMITTED BUSINESS LOCATION IS OPEN TO THE PUBLIC, ALL
FIREARMS SHALL BE KEPT UNLOADED AND ALL FIREARMS AND AMMUNITION SHALL BE
KEPT IN AN AREA OF THE PERMITTED BUSINESS INACCESSIBLE TO THE PUBLIC,
S. 2673 5
EXCEPT WHEN IN THE IMMEDIATE PRESENCE OF AND UNDER THE DIRECT SUPER-
VISION OF THE PERMITTEE OR HIS OR HER EMPLOYEES.
5. THE PERMITTED BUSINESS LOCATIONS SHALL BE SECURED BY AN ALARM
SYSTEM THAT IS INSTALLED AND MAINTAINED BY AN ALARM COMPANY OPERATOR
PROPERLY LICENSED PURSUANT TO LAW. THE ALARM SYSTEM MUST BE MONITORED BY
A CENTRAL STATION LISTED BY UNDERWRITERS LABORATORIES, INC., AND COVERED
BY AN ACTIVE UNDERWRITERS LABORATORIES, INC. ALARM SYSTEM CERTIFICATE
WITH A #3 EXTENT OF PROTECTION.
6. EACH PERMITTED BUSINESS LOCATION SHALL BE EQUIPPED WITH A VIDEO
SURVEILLANCE SYSTEM SUFFICIENT TO MONITOR THE CRITICAL AREAS OF THE
BUSINESS PREMISES INCLUDING, BUT NOT LIMITED TO, ALL PLACES WHERE
FIREARMS OR AMMUNITION ARE STORED, HANDLED, SOLD, TRANSFERRED OR
CARRIED. THE VIDEO SURVEILLANCE SYSTEM SHALL OPERATE CONTINUOUSLY, WITH-
OUT INTERRUPTION, WHENEVER THE PERMITTED BUSINESS LOCATION IS OPEN TO
THE PUBLIC. WHENEVER THE PERMITTED BUSINESS LOCATION IS NOT OPEN TO THE
PUBLIC, THE SYSTEM SHALL BE TRIGGERED BY A MOTION DETECTOR AND BEGIN
RECORDING IMMEDIATELY UPON DETECTION OF ANY MOTION WITHIN THE MONITORED
AREA. IN ADDITION, THE SALE OR TRANSFER OF A FIREARM OR AMMUNITION SHALL
BE RECORDED BY THE VIDEO SURVEILLANCE SYSTEM IN SUCH A WAY THAT THE
FACIAL FEATURES OF THE PURCHASER OR TRANSFEREE ARE CLEARLY VISIBLE. THE
STORED IMAGES SHALL BE MAINTAINED AT THE PERMITTED BUSINESS LOCATION FOR
A PERIOD NOT LESS THAN ONE YEAR FROM THE DATE OF RECORDATION, AND SHALL
BE MADE AVAILABLE FOR INSPECTION BY A POLICE OFFICER UPON REQUEST. THE
PERMITTEE SHALL POST A SIGN IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO
THE PREMISES THAT STATES IN BLOCK LETTERS NOT LESS THAN ONE INCH IN
HEIGHT: "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE
RECORDED."
§ 836. INSURANCE. 1. IF A BUSINESS LOCATION IS TO BE USED FOR THE SALE
OF FIREARMS, NO DEALER PERMIT SHALL BE ISSUED OR RENEWED UNLESS THERE IS
IN EFFECT A POLICY OF INSURANCE IN A FORM APPROVED BY THE DEPARTMENT OF
FINANCIAL SERVICES AND EXECUTED BY AN INSURANCE COMPANY APPROVED BY SUCH
DEPARTMENT, INSURING THE APPLICANT AGAINST LIABILITY FOR DAMAGE TO PROP-
ERTY AND FOR INJURY TO, OR DEATH OF, ANY PERSON AS A RESULT OF THE
THEFT, SALE, LEASE OR TRANSFER OR OFFERING FOR SALE, LEASE OR TRANSFER
OF A FIREARM OR AMMUNITION, OR ANY OTHER OPERATIONS OF THE BUSINESS.
THE LIMITS OF LIABILITY SHALL NOT BE LESS THAN ONE MILLION DOLLARS FOR
EACH INCIDENT OF DAMAGE TO PROPERTY OR INCIDENT OF INJURY OR DEATH TO A
PERSON; PROVIDED, HOWEVER, THAT INCREASED LIMITS OF LIABILITY MAY BE
REQUIRED BY THE DIVISION IF DEEMED NECESSARY.
2. THE POLICY OF INSURANCE SHALL CONTAIN AN ENDORSEMENT PROVIDING THAT
THE POLICY SHALL NOT BE CANCELLED UNTIL WRITTEN NOTICE HAS BEEN GIVEN TO
THE DIVISION AT LEAST THIRTY DAYS PRIOR TO THE TIME THE CANCELLATION
BECOMES EFFECTIVE.
3. UPON EXPIRATION OF THE POLICY OF INSURANCE, AND IF NO ADDITIONAL
INSURANCE IS OBTAINED, THE DEALER PERMIT SHALL BE CONSIDERED REVOKED
WITHOUT FURTHER NOTICE.
§ 837. LOCATION OF BUSINESS. 1. THE PERMITTED BUSINESS SHALL BE
CARRIED ON ONLY IN THE BUILDING LOCATED AT THE STREET ADDRESS SHOWN ON
THE PERMIT. THIS REQUIREMENT SHALL NOT PROHIBIT THE PERMITTEE FROM
PARTICIPATING IN A GUN SHOW OR EVENT AS DEFINED UNDER FEDERAL LAW THAT
IS AUTHORIZED BY FEDERAL, STATE OR LOCAL LAW UPON COMPLIANCE WITH THOSE
LAWS.
2. THE PERMITTED BUSINESS PREMISES SHALL NOT BE LOCATED IN ANY
DISTRICT OR AREA THAT IS ZONED FOR RESIDENTIAL USE, OR WITHIN FIFTEEN
HUNDRED FEET OF ANY SCHOOL, PRE-SCHOOL, DAY-CARE FACILITY, PARK, COMMU-
NITY CENTER, PLACE OF WORSHIP, LIQUOR STORE, BAR, YOUTH CENTER, VIDEO
S. 2673 6
ARCADE, AMUSEMENT PARK (NOT INCLUDING A TEMPORARY CARNIVAL OR SIMILAR
EVENT), OR RESIDENTIALLY ZONED DISTRICT OR AREA.
§ 838. PUBLIC WARNING. EACH PERMITTEE SHALL POST CONSPICUOUSLY WITHIN
THE PERMITTED PREMISES THE FOLLOWING WARNING IN BLOCK LETTERS NOT LESS
THAN ONE INCH IN HEIGHT: "CHILDREN ARE ATTRACTED TO AND CAN OPERATE
FIREARMS THAT MAY CAUSE SEVERE INJURIES OR DEATH. PREVENT CHILD ACCESS
BY ALWAYS KEEPING GUNS LOCKED AWAY AND UNLOADED WHEN NOT IN USE, WITH
AMMUNITION STORED SEPARATELY."
§ 839. DUTIES UPON SALE, LEASE OR TRANSFER. 1. NO PERMITTEE OR AGENT,
EMPLOYEE OR OTHER PERSON ACTING UNDER THE PERMITTEE'S AUTHORITY SHALL
SELL, TRANSFER, LEASE OR LOAN ANY FIREARM OR AMMUNITION FROM THE
PERMITTEE'S INVENTORY UNTIL HE OR SHE HAS VIEWED THE TRANSFEREE'S DRIV-
ER'S LICENSE OR OTHER GOVERNMENT-ISSUED IDENTIFICATION CARD THAT
CONTAINS THE TRANSFEREE'S SIGNATURE, PHOTOGRAPH AND AGE.
2. NO PERMITTEE OR AGENT, EMPLOYEE OR OTHER PERSON ACTING UNDER THE
PERMITTEE'S AUTHORITY SHALL SELL, TRANSFER, LEASE OR LOAN ANY FIREARM OR
AMMUNITION TO ANY PERSON THE PERMITTEE OR AGENT, EMPLOYEE OR OTHER
PERSON ACTING UNDER THE PERMITTEE'S AUTHORITY KNOWS OR HAS REASONABLE
CAUSE TO BELIEVE IS PROHIBITED BY FEDERAL, STATE OR LOCAL LAW FROM
PURCHASING OR POSSESSING THE FIREARM OR AMMUNITION.
§ 840. SALES RECORDS AND REPORTING. 1. NO PERMITTEE OR AGENT, EMPLOYEE
OR OTHER PERSON ACTING UNDER THE PERMITTEE'S AUTHORITY SHALL SELL,
TRANSFER, LEASE OR LOAN ANY FIREARM OR AMMUNITION FROM THE PERMITTEE'S
INVENTORY WITHOUT RECORDING THE FOLLOWING INFORMATION IN WRITTEN OR
ELECTRONIC FORM TO BE PROVIDED BY THE DIVISION:
(A) THE DATE OF THE TRANSACTION;
(B) THE NAME, ADDRESS, TELEPHONE NUMBER AND DATE OF BIRTH OF THE
TRANSFEREE;
(C) THE NUMBER OF THE TRANSFEREE'S CURRENT DRIVER'S LICENSE OR OTHER
GOVERNMENT-ISSUED IDENTIFICATION CARD CONTAINING A PHOTOGRAPH OF THE
TRANSFEREE AND THE NAME OF THE GOVERNMENTAL AUTHORITY THAT ISSUED IT;
(D) THE MAKE, MODEL, CALIBER AND SERIAL NUMBER OF ANY FIREARM TRANS-
FERRED, AND THE BRAND, TYPE, CALIBER OR GAUGE, AND QUANTITY OF ANY AMMU-
NITION TRANSFERRED;
(E) THE TRANSFEREE'S SIGNATURE; AND
(F) THE NAME OF THE PERMITTEE'S AGENT OR EMPLOYEE WHO PROCESSED THE
TRANSACTION.
2. THE PERMITTEE AND ANY AGENT, EMPLOYEE OR OTHER PERSON ACTING UNDER
THE PERMITTEE'S AUTHORITY SHALL ALSO, AT THE TIME OF PURCHASE OR TRANS-
FER, OBTAIN THE RIGHT THUMBPRINT OF THE TRANSFEREE ON THE FORM DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION.
3. WITHIN TWENTY-FOUR HOURS OF A TRANSFER, THE PERMITTEE OR ANY
AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
TY SHALL ELECTRONICALLY TRANSMIT TO THE DIVISION ALL SUCH INFORMATION.
THE ELECTRONIC TRANSMITTAL SHALL BE BY A METHOD, AND IN A FORMAT,
APPROVED BY THE DIVISION. THE DIVISION SHALL MAINTAIN SUCH RECORDS FOR
AT LEAST TEN YEARS.
4. THE RECORDS CREATED IN ACCORDANCE WITH THIS SECTION MUST BE PERMA-
NENTLY MAINTAINED ON THE BUSINESS PREMISES OF THE PERMITTEE AND SHALL BE
MADE AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER UPON REQUEST.
§ 841. FIREARMS ACQUISITION RECORDS AND REPORTING. 1. THE PERMITTEE OR
AN AGENT, EMPLOYEE OR OTHER PERSON ACTING UNDER THE PERMITTEE'S AUTHORI-
TY SHALL RECORD THE FOLLOWING INFORMATION REGARDING EVERY FIREARM
RECEIVED OR ACQUIRED FOR THE PERMITTEE'S INVENTORY ON A FORM TO BE
ESTABLISHED BY THE DIVISION:
(A) THE NAME OF THE PERMITTEE;
S. 2673 7
(B) THE PARTICULAR MAKE, MODEL, CALIBER AND SERIAL NUMBER OF EACH
FIREARM RECEIVED OR ACQUIRED;
(C) THE DATE EACH FIREARM WAS RECEIVED OR ACQUIRED; AND
(D) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON FROM WHOM
EACH FIREARM WAS RECEIVED OR ACQUIRED.
2. WITHIN TWENTY-FOUR HOURS OF THE RECEIPT OR ACQUISITION OF ANY
FIREARM, THE PERMITTEE AND ANY AGENTS, EMPLOYEES OR OTHER PERSONS ACTING
UNDER THE PERMITTEE'S AUTHORITY SHALL ELECTRONICALLY TRANSMIT TO THE
DIVISION ALL OF THE INFORMATION REQUIRED BY THIS SECTION. THE ELECTRONIC
TRANSMITTAL SHALL BE BY A METHOD, AND IN A FORMAT, ESTABLISHED BY THE
DIVISION. THE DIVISION SHALL MAINTAIN THESE RECORDS FOR AT LEAST TEN
YEARS.
3. THE RECORDS CREATED IN ACCORDANCE WITH THIS SECTION MUST BE PERMA-
NENTLY MAINTAINED ON THE BUSINESS PREMISES OF THE PERMITTEE AND SHALL BE
MADE AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER UPON REQUEST.
§ 842. INVENTORY REPORTS. WITHIN THE FIRST FIVE BUSINESS DAYS OF APRIL
AND OCTOBER OF EACH CALENDAR YEAR, EACH PERMITTEE SHALL CAUSE A PHYSICAL
INVENTORY TO BE TAKEN THAT INCLUDES A LISTING OF EACH FIREARM HELD BY
THE PERMITTEE BY MAKE, MODEL, CALIBER AND SERIAL NUMBER, TOGETHER WITH A
LISTING OF EACH FIREARM THE PERMITTEE HAS SOLD SINCE THE LAST INVENTORY
PERIOD. IN ADDITION, THE INVENTORY SHALL INCLUDE A LISTING OF EACH
FIREARM LOST OR STOLEN SINCE THE LAST INVENTORY PERIOD. IMMEDIATELY UPON
COMPLETION OF THE INVENTORY, THE PERMITTEE SHALL FORWARD A COPY OF THE
INVENTORY TO THE ADDRESS SPECIFIED BY THE DIVISION, BY SUCH MEANS AS
SPECIFIED BY THE DIVISION. THE DIVISION SHALL MAINTAIN A COPY OF THE
INVENTORY FOR AT LEAST TEN YEARS. WITH EACH COPY OF THE INVENTORY, THE
PERMITTEE SHALL INCLUDE AN AFFIDAVIT SIGNED BY AN AUTHORIZED AGENT OR
EMPLOYEE ON BEHALF OF THE PERMITTEE UNDER PENALTY OF PERJURY STATING
THAT WITHIN THE FIRST FIVE BUSINESS DAYS OF THAT APRIL OR OCTOBER, AS
THE CASE MAY BE, THE SIGNER PERSONALLY CONFIRMED THE PRESENCE OF THE
FIREARMS REPORTED ON THE INVENTORY. THE PERMITTEE SHALL MAINTAIN A COPY
OF THE INVENTORY ON THE PREMISES FOR WHICH THE DEALER PERMIT WAS ISSUED
FOR A PERIOD OF NOT LESS THAN FIVE YEARS FROM THE DATE OF THE INVENTORY
AND SHALL MAKE THE COPY AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER
UPON REQUEST.
§ 843. LOST OR STOLEN AMMUNITION REPORTING. A PERMITTEE SHALL REPORT
TO THE DIVISION THE LOSS OR THEFT OF ANY QUANTITY OF AMMUNITION FROM THE
PERMITTED PREMISES WITHIN FORTY-EIGHT HOURS AFTER HE OR SHE KNOWS OR
REASONABLY SHOULD HAVE KNOWN OF SUCH LOSS OR THEFT.
§ 844. RESTRICTED ADMITTANCE. 1. WHERE FIREARM SALES ACTIVITY IS THE
PRIMARY BUSINESS PERFORMED AT THE PERMITTED BUSINESS LOCATION, NO
PERMITTEE OR ANY OF HIS OR HER AGENTS, EMPLOYEES OR OTHER PERSONS ACTING
UNDER THE PERMITTEE'S AUTHORITY SHALL ALLOW ANY PERSON UNDER THE AGE OF
TWENTY-ONE YEARS TO ENTER INTO OR REMAIN ON THE PREMISES, UNLESS ACCOM-
PANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN, PROVIDED THAT THIS
PROVISION SHALL NOT PREVENT A SUPERVISORY AGENT OR EMPLOYEE WHO HAS THE
RIGHT TO CONTROL ACTIVITIES AT THE BUSINESS PREMISES FROM KEEPING A
SINGLE HANDGUN ON THE BUSINESS PREMISES FOR PURPOSE OF LAWFUL SELF-DE-
FENSE.
2. WHERE FIREARM SALES ACTIVITY IS THE PRIMARY BUSINESS PERFORMED AT
THE PERMITTED BUSINESS LOCATION, THE PERMITTEE AND ANY OF HIS OR HER
AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
TY SHALL BE RESPONSIBLE FOR REQUIRING CLEAR EVIDENCE OF AGE AND IDENTITY
OF PERSONS TO PREVENT THE ENTRY OF PERSONS NOT PERMITTED TO ENTER THE
PREMISES PURSUANT TO SUBDIVISION ONE OF THIS SECTION BY REASON OF AGE.
CLEAR EVIDENCE OF AGE AND IDENTITY SHALL BE A CURRENT DRIVER'S LICENSE
S. 2673 8
OR OTHER GOVERNMENT-ISSUED IDENTIFICATION CARD CONTAINING THE BEARER'S
SIGNATURE, PHOTOGRAPH AND DATE OF BIRTH.
3. EACH PERMITTEE SHALL POST THE FOLLOWING NOTICE CONSPICUOUSLY AT
EACH ENTRANCE TO THE PERMITTED BUSINESS LOCATION IN BLOCK LETTERS NOT
LESS THAN ONE INCH IN HEIGHT, "FIREARMS ARE KEPT, DISPLAYED OR OFFERED
FOR SALE ON THE PREMISES, AND PERSONS UNDER THE AGE OF 21 ARE EXCLUDED
UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN."
4. WHERE FIREARM SALES ACTIVITY IS THE PRIMARY BUSINESS PERFORMED AT
THE PERMITTED BUSINESS LOCATION, NO PERMITTEE OR ANY OF HIS OR HER
AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
TY SHALL ALLOW ANY PERSON TO ENTER INTO OR REMAIN ON THE PREMISES WHO
THE PERMITTEE OR ANY OF HIS OR HER AGENTS, EMPLOYEES OR OTHER PERSONS
ACTING UNDER THE PERMITTEE'S AUTHORITY KNOWS OR HAS REASON TO KNOW IS
PROHIBITED FROM POSSESSION OR PURCHASING FIREARMS, RIFLES, SHOTGUNS OR
AMMUNITION PURSUANT TO FEDERAL, STATE OR LOCAL LAW.
§ 845. CRIMINAL PENALTY. ANY VIOLATION OF THIS ARTICLE SHALL BE A
CLASS A MISDEMEANOR.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that the provisions of this act shall not apply to any person engaged in
the business of selling, leasing or transferring firearms or ammunition
on the effective date of this act, until the ninetieth day after such
date.