GBL 898:
Universal Background Check Requirement

New York General Business Law Section 898 generally requires private sales, exchanges, and disposals of firearms, rifles, and shotguns to be completed through a licensed dealer who conducts the required background check. The section excludes transactions conducted by a federally licensed importer, manufacturer, or dealer under that federal license and transactions between defined immediate-family members.^[1]

Who Is Immediate Family?

For Section 898, immediate family means spouses, domestic partners, children, and step-children. The statutory definition does not include siblings, parents, grandparents, cousins, friends, neighbors, or coworkers.^[1]

How a Covered Transfer Works

1. The parties locate a licensed dealer willing to facilitate the transfer.
2. The dealer submits a request to the Division of State Police for the required national instant criminal background check.
3. The dealer waits for a NICS proceed response or for the statutory alternative described below.
4. The dealer records the transaction and keeps the record at the licensed premises for inspection by authorized officers during reasonable hours.

A dealer may deliver after NICS issues a proceed response. Section 898 also permits delivery when thirty calendar days have elapsed since the background-check request and NICS has not notified the dealer or State Police that the transfer should be denied. A denial prevents delivery.^[1]

Dealer Fee and Records

A dealer may charge no more than $10 per transaction for a transfer conducted under Section 898. The dealer must retain the statutory transaction record at the licensed premises. Records and government transmissions produced under the section are excluded from public-record treatment under Article 6 of the Public Officers Law.^[1]

Additional Requirements Still Apply

Section 898 operates in addition to other state and federal requirements. A handgun recipient must satisfy the licensing requirements that apply under Penal Law Section 400.00. The firearm, rifle, shotgun, magazine, and transaction must also be lawful under the other provisions that apply. A background-check proceed response does not legalize an otherwise prohibited item or transfer.^[2]

Penalty

A person who knowingly violates Article 39-DDD commits a Class A misdemeanor. Penal Law Section 70.15 sets the maximum jail term for a Class A misdemeanor at 364 days.^[1][3]

Pending Ten-Day Waiting-Period Bill

Senate Bill S.362 is a proposal, not current law. As of July 23, 2026, the bill is active in the Senate Rules Committee after advancing to third reading on February 26 and being committed to Rules on June 5. It would add a ten-day waiting period for items within its statutory definition of "firearm" and would amend Section 898 delivery conditions. Until the Legislature passes the bill and it becomes law, the current Section 898 rules described above remain in effect.^[4]