Handing Over A Firearm
Gen. Bus. Law § 898 — a private sale goes through a dealer's background check, unless it is between immediate family
Through a dealer. Apart from sales by licensed importers, manufacturers and dealers, and sales between members of an immediate family, every sale, exchange or disposal of a firearm, rifle or shotgun is conducted under the section, with a national instant criminal background check completed by a dealer before delivery.
Before delivery. The dealer may not deliver until the federal system has issued a proceed response, or thirty calendar days have passed since the check was initiated without a denial.
Immediate family. For the section, immediate family means spouses, domestic partners, children and step-children.
Federal law adds its own rules on transfers, including to people who live in another state, which are not on this page. Whether a particular sale, loan or gift is lawful is a question for a licensed New York attorney.
Sources for this section (1)
- Gen. Bus. Law § 898 — Private sale or disposal of firearms, rifles and shotguns
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.