Dealer Obligations Under GBL 396-ee
New York General Business Law Section 396-ee requires every person, firm, or corporation engaged in the retail business of selling rifles, shotguns, or firearms to take two affirmative steps with every transfer: provide a gun locking device and include a safety warning label.[1] These requirements apply to all transfers, whether the weapon is sold, delivered, or otherwise transferred to another person.
Mandatory Locking Device
Every retail sale, delivery, or transfer of a rifle, shotgun, or firearm must include a gun locking device. The statute defines a "gun locking device" as an integrated design feature or an attachable accessory that is resistant to tampering and is effective in preventing the discharge of the weapon by a person who does not have access to the key, combination, or other mechanism used to disengage the device.[2] Common examples include trigger locks, cable locks, and built-in locking mechanisms.
Required Safety Warning Label
In addition to the locking device, dealers must include a label containing specific safety warning language. The label must be either affixed directly to the firearm or placed in the container in which the weapon is sold, delivered, or transferred. The required text states:
"The use of a locking device or safety lock is only one aspect of responsible firearm storage. For increased safety firearms should be stored unloaded and locked in a location that is both separate from their ammunition and inaccessible to children and any other unauthorized person."[1]
In-Store Signage Requirements
Dealers must post a conspicuous notice in bold print at the point of sale stating: "RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE." The posted notice must further advise that rifles, shotguns, and firearms must either be stored with a gun locking device or in a safe storage depository, or must not be left outside the immediate possession and control of the owner if a child resides in the home or is present, or if the owner resides with a person prohibited from possessing a firearm under state or federal law.[2]
Suicide Prevention and Safety Warnings (2024 Expansion)
In October 2024, Governor Hochul signed legislation (S6649/A2882) further expanding dealer warning requirements. Under the new law, dealers must post a sign where weapons are sold, displayed, or delivered that explains how firearms in the home increase the risk of suicide, death during a domestic dispute, and unintentional death to children. The sign must include contact information for the 988 Suicide and Crisis Lifeline. The notice must be displayed in no smaller than 24-point type on paper at least 8.5 by 11 inches, placed at the entrance and in at least one additional area where sales occur.[3] Dealers must also distribute these warnings to purchasers at the time of sale.[4]
On April 3, 2025, Governor Hochul signed S.743/A.437, a chapter amendment to the original 2024 dealer safety warning law.[3][6] The chapter amendment strengthens the signage requirements by mandating bigger, clearer, and more specific warnings posted at both the entrance to the dealership and at the register or point of sale. The amendment reinforces the Surgeon General-style warning approach, ensuring that consumers are prominently informed about the risks associated with firearms ownership -- including increased risk of suicide, death during domestic disputes, and unintentional death to children and household members -- alongside the prominently displayed 988 Suicide and Crisis Lifeline number. This chapter amendment was one of three gun safety refinements signed on the same date (alongside S.744 on pistol converters and S.745 on credit card merchant category codes).
Penalties for Noncompliance
Failure to comply with the locking device and warning label requirements under GBL 396-ee is a violation under New York law. Repeat violations are classified as class A misdemeanors.[2] Dealers who fail to meet these obligations also risk enforcement action by the licensing authority under PL 400.00, which could jeopardize their firearms dealer license.[5]