Dealer Obligations Under GBL 396-ee
New York General Business Law Section 396-ee applies to a person, firm, or corporation engaged in the retail business of selling rifles, shotguns, or firearms. At a retail sale, delivery, or transfer, the transferee must receive a gun locking device. A label containing the current notice specified in subdivision two must be affixed to the weapon or placed in its container.[1]
Mandatory Locking Device
The statute defines a gun locking device as an integrated design feature or attachable accessory that is resistant to tampering and effective in preventing discharge by a person without access to the key, combination, or other disengaging mechanism. The Division of State Police is responsible for rules describing qualifying devices or minimum standards.[1]
Required Safety Warning Label
The label must contain the current quoted language in Section 396-ee(2). That notice begins with "RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE" and describes locking or safe-storage duties when a child is present or when the owner or lawful possessor lives with a person prohibited from possessing a weapon. It also advises unloaded, locked storage separate from ammunition.[1]
In-Store Signage Requirements
Section 396-ee(2) separately requires the same retail business to post its responsible-storage notice conspicuously and in bold print where rifles, shotguns, or firearms are displayed or transferred to the purchaser. The label delivered with the weapon and the posted notice therefore use the subdivision-two language but serve different placement requirements.[1]
Separate Suicide and Household-Risk Warning
Penal Law Section 400.00(20) creates a separate warning about increased risks of suicide, death during domestic disputes, and unintentional deaths to children, household members, and others. A licensed gunsmith or firearms dealer must post that warning at the entrance and in at least one additional area where sales occur. The sign must use bold type no smaller than 26 points and measure at least 8.5 by 11 inches. A firearms dealer must also distribute the warning to the purchaser at each individual sale.[2]
The 24-point safe-storage notice in Section 400.00(18) is a different notice supplied by the licensing officer when a license is issued. It is not the 26-point dealer-site warning required by Section 400.00(20).[2]
Penalties for Noncompliance
A first failure to comply with Section 396-ee is a violation. A later failure after a prior conviction under that section is a Class A misdemeanor. A person required to post or distribute the Section 400.00(20) warning who fails to do so commits a violation punishable by up to 15 days of imprisonment, a fine of up to $1,000, or both. Each continuing day is a separate offense.[1][2]