Private Sales

What types of private handgun, rifle or shotgun sales or transfers are subject to background check requirements?

All private handgun, rifle or shotgun sales or transfers (with the exception of those sales or transfers to and between certain family members) require a background check of the buyer.

What family members are exempt from the private sale/transfer provision?

Sales or transfers to and between spouses, domestic partners, children and step-children, are exempt from the private sale/transfer provision.

As a private individual seller/transferor, how do I conduct a background check on a buyer or transferee?

The background check must be performed by a dealer. Federal law and guidelines govern the process that dealers must follow if they choose to conduct a background check for a private sale. 

Do I need to get a background check if I am selling or transferring the firearm to a relative?

No background check is required for sales or transfers to spouses, domestic partners, children and step-children.

What if I fail to comply with the background check provision?

Failure to comply with the provision is punishable as a class A misdemeanor.

“Resources for Gun Owners.”  Gun Safety, 2022, https://gunsafety.ny.gov/resources-gun-owners.