Are Private Gun Sales Legal In New York State?
There is still lots of confusion about gun laws in New York since the Supreme Court ruling. If you own a gun in New York and want to sell it, can you do it legally?
Many laws were passed after the U.S. Supreme Court ruling about concealed carry in New York. Some of those laws affect gun sales through dealers. But, if you're trying to buy a gun from a private seller or if you are trying to sell your gun, can you legally do it in New York?
New York State Laws For Private Gun Sales
The short answer is YES, you can sell your gun through a private sale in New York. But, there are some regulations that must be followed.
Outside of immediate family members, if a person sells a gun in New York State a background check be completed,
A background check of a buyer or transferee of a firearm must be performed by a federal firearms licensee (“FFL”) before a firearm is sold or transferred by a private individual, unless the transfer is between immediate family members.
If the sale or transfer happens between spouses, domestic partners, children and step-children, it is exempt from a background check. A federal firearms licensee is not legally obligated to conducted a background check for a sale. If they do choose to conduct the background check, they can charge $10 for it. More information about private sales can be found here.