New York General Business Law Section 898 requires a background check through a licensed firearms dealer for virtually all private firearm sales, exchanges, and disposals in the state. This article explains how the universal background check requirement works, who is exempt, and what penalties apply for noncompliance.
Overview
New York General Business Law Section 898 establishes a universal background check requirement for virtually all firearm transfers in the state.[1] Enacted as part of the NY SAFE Act in 2013, the law closed the so-called "private sale loophole" by requiring that all sales, exchanges, and disposals of firearms, rifles, and shotguns pass through a licensed firearms dealer who conducts a National Instant Criminal Background Check System (NICS) check on the buyer.[2] This requirement applies regardless of whether the transaction occurs at a gun show, through an online listing, or between private individuals.
How the Background Check Works
Before any private sale, exchange, or disposal of a firearm, rifle, or shotgun may be completed, the parties must bring the transaction to a licensed dealer who consents to facilitate the transfer.[1] The dealer then submits a request to the New York State Police Division to conduct a NICS background check on the prospective buyer.[3]
The dealer may not deliver the firearm until one of two conditions is met:
- NICS issues a "proceed" response, confirming the buyer is eligible to receive the firearm; or
- Thirty calendar days have elapsed since the dealer submitted the background check request, and NICS has not issued a denial.[1]
If NICS returns a denial at any point, the transfer may not proceed. The 30-day default provision serves as a safeguard against indefinite delays in the NICS system, but it does not override a denial.
Dealer Obligations
Licensed dealers who facilitate private transfers under GBL 898 are required to maintain records of all such transactions on the premises described in their license. These records must be available for inspection by any peace officer acting pursuant to special duties or by any police officer during reasonable hours.[1]
Dealers may charge a fee of up to $10 per transaction for facilitating a private transfer.[1] Dealers are not required to facilitate private transfers -- they may decline at their discretion.[2]
Any records generated through GBL 898 transactions, as well as any transmissions to government agencies, are exempt from public disclosure under the New York Public Officers Law.[1]
Exemptions
GBL 898 does not apply to the following categories of transactions:
- Sales by federally licensed dealers: Transfers conducted by a licensed importer, licensed manufacturer, or licensed dealer (as defined in 18 U.S.C. Section 922) acting pursuant to their federal firearms license are already subject to federal background check requirements and are therefore exempt from GBL 898.[1]
- Immediate family transfers: Sales, exchanges, or disposals between members of an immediate family are exempt. "Immediate family" is defined as spouses, domestic partners, children, and stepchildren.[1]
No other exemptions exist under the statute. Transfers to friends, neighbors, coworkers, or extended family members (such as siblings, parents, or grandparents) must go through a licensed dealer.
Penalties
Any person who knowingly violates the provisions of GBL 898 is guilty of a Class A misdemeanor, punishable under the New York Penal Law.[1] A Class A misdemeanor in New York carries a maximum sentence of up to one year in jail, up to three years of probation, or a fine of up to $1,000.
Scope and Practical Impact
GBL 898 applies to all types of firearms covered by New York law: handguns (pistols and revolvers), rifles, and shotguns. The statute uses the broad term "sale, exchange, or disposal," which encompasses not only traditional sales for money but also trades, gifts, and any other transfer of ownership between private parties.[1]
In practice, the universal background check requirement means that private sellers must locate a dealer willing to facilitate the transfer, which can vary in availability depending on geographic location. Dealers in rural areas may be fewer in number, and not all dealers choose to offer this service. The $10 fee cap keeps the cost of compliance low, but the process requires both parties to coordinate schedules and travel to the dealer's premises.[2]
When a private sale involves a handgun, the GBL 898 background check is only one step in the process. The buyer must also hold a valid pistol permit under Penal Law Section 400.00, and the handgun must be added to the buyer's permit by the county licensing officer or, in New York City, the NYPD License Division.[3]
Pending Legislation
Senate Bill S.362 would establish a mandatory 10 business day waiting period from the time a NICS check is initiated before any firearm, shotgun, or rifle may be delivered. The bill passed the New York State Senate in June 2025 and was sent to the Assembly, where it was referred to the Codes Committee but did not advance before the session ended. S.362 was reintroduced in the 2025-2026 legislative session and, as of February 26, 2026, has again advanced to third reading in the Senate.[4] If enacted, this would replace the current system where an approved background check allows immediate delivery.[5]