Legislation
SECTION 897
Sale of a firearm, rifle or shotgun at a gun show
General Business (GBS) CHAPTER 20, ARTICLE 39-DD
§ 897. Sale of a firearm, rifle or shotgun at a gun show. 1. A
national instant criminal background check shall be conducted and no
person shall sell or transfer a firearm, rifle or shotgun at a gun show,
except in accordance with the provisions of 18 U.S.C. 922(t), provided
that before delivering a firearm, rifle or shotgun to any person, either
(a) the National Instant Criminal Background Check System (NICS) or its
successor has issued a "proceed" response to the seller or transferor,
or (b) thirty calendar days shall have elapsed since the date the seller
or transferor contacted NICS to initiate a national instant criminal
background check and NICS has not notified the seller or transferor that
the transfer of the firearm, rifle or shotgun to such person should be
denied.
2. No person shall offer or agree to sell or transfer a firearm, rifle
or shotgun to another person at a gun show and transfer or deliver such
firearm, rifle or shotgun to such person or person acting on his or her
behalf thereafter at a location other than the gun show for the purpose
of evading or avoiding compliance with 18 U.S.C. 922(t).
3. Any person who knowingly violates any of the provisions of this
section shall be guilty of a class A misdemeanor punishable as provided
for in the penal law.
national instant criminal background check shall be conducted and no
person shall sell or transfer a firearm, rifle or shotgun at a gun show,
except in accordance with the provisions of 18 U.S.C. 922(t), provided
that before delivering a firearm, rifle or shotgun to any person, either
(a) the National Instant Criminal Background Check System (NICS) or its
successor has issued a "proceed" response to the seller or transferor,
or (b) thirty calendar days shall have elapsed since the date the seller
or transferor contacted NICS to initiate a national instant criminal
background check and NICS has not notified the seller or transferor that
the transfer of the firearm, rifle or shotgun to such person should be
denied.
2. No person shall offer or agree to sell or transfer a firearm, rifle
or shotgun to another person at a gun show and transfer or deliver such
firearm, rifle or shotgun to such person or person acting on his or her
behalf thereafter at a location other than the gun show for the purpose
of evading or avoiding compliance with 18 U.S.C. 922(t).
3. Any person who knowingly violates any of the provisions of this
section shall be guilty of a class A misdemeanor punishable as provided
for in the penal law.