2023 New York Laws › GBS - General Business › Article 39-DDD - Private Sale or Disposal of Firearms, Rifles and Shotguns › 898 - Private Sale or Disposal of Firearms, Rifles and Shotguns.

§  898.  Private sale or disposal of firearms, rifles and shotguns. 1.
  In addition to any other requirements pursuant to state and federal law,
  all sales, exchanges or disposals of firearms, rifles or shotguns  shall
  be  conducted in accordance with this section unless such sale, exchange
  or disposal is conducted by a licensed importer,  licensed  manufacturer
  or  licensed  dealer,  as  those terms are defined in 18 USC § 922, when
  such sale, exchange or disposal is conducted pursuant to  that  person's
  federal  firearms  license or such sale, exchange or disposal is between
  members of an immediate family. When a sale,  exchange  or  disposal  is
  conducted  pursuant  to  a  person's  federal  firearms  license, 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  federal  firearms
  licensee,  or (b) thirty calendar days shall have elapsed since the date
  the federal firearms licensee contacted  NICS  to  initiate  a  national
  instant  criminal background check and NICS has not notified the federal
  firearms licensee that the transfer of the firearm, rifle or shotgun  to
  such  person  should be denied. For purposes of this section, "immediate
  family"  shall   mean   spouses,   domestic   partners,   children   and
  step-children.
2.  Before  any sale, exchange or disposal pursuant to this article, a
  national instant criminal background check must be completed by a dealer
  who shall submit a request to the division of state police  pursuant  to
  section  two  hundred  twenty-eight of the executive law to conduct such
  check. Before a dealer who has submitted a request to  the  division  of
  state  police  to  conduct  a national instant criminal background check
  delivers a firearm, rifle or shotgun to  any  person,  either  (a)  NICS
  shall  have  issued  a  "proceed"  response, or (b) thirty calendar days
  shall have elapsed since the date the dealer submitted a request to  the
  division  of  state  police  to  contact the NICS to initiate a national
  instant criminal background check and NICS has not notified the division
  of state police that the transfer of the firearm, rifle  or  shotgun  to
  such person should be denied.
3.  All dealers shall maintain a record of such transactions conducted
  pursuant to this section and such record  shall  be  maintained  on  the
  premises mentioned and described in the license and shall be open at all
  reasonable hours for inspection by any peace officer, acting pursuant to
  his or her special duties, or police officer.
4.  A  dealer may require that any sale or transfer conducted pursuant
  to this section be subject to a fee of not to  exceed  ten  dollars  per
  transaction.
5.  Any  record produced pursuant to this section and any transmission
  thereof to any government agency shall not be considered a public record
  for purposes of article six of the public officers law.
6. Any person who knowingly violates the provisions  of  this  article
  shall  be  guilty of a class A misdemeanor punishable as provided for in
  the penal law.