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NYC Charter - Chapter 18-D: Sale, Purchase and Possession of Weapons

  • Page Type:: Document Section
  • Parent Document:: NYC Charter
  • Content::
    • Section 461. Definition.
      • The term "firearm" means a firearm, rifle, shotgun, or assault weapon, as such terms are defined in section 10-301 of the administrative code, or a machine gun, as defined in penal law section 265.00.
    • Section 462. Permits and licenses for the purchase and possession of firearms.
      • Notwithstanding any other provision of local law, no person under the age of twenty-one shall be granted a permit or license to purchase and possess a firearm. If the applicant for a permit or license is a partnership or corporation, only those members of the partnership or corporation over the age of twenty-one may apply for a permit or license to purchase and possess a firearm on behalf of the partnership or corporation. This section shall not apply to any person under the age of twenty-one who has been issued a valid permit or license to possess a firearm on the date that this section shall become law.
    • Section 463. Sale or disposal of firearms.
      • It shall be a crime for any person to sell, offer for sale, or dispose of a firearm to any person under the age of twenty-one within the city of New York, unless such person under the age of twenty-one has a valid permit or license or is otherwise exempted by law.
    • Section 464. Carrying and possession of firearms.
      • It shall be a crime for any person under the age of twenty-one to carry or otherwise have in his or her possession any firearm within the limits of the city of New York, unless such person has a valid permit or license or is otherwise exempted by law. If a partnership or corporation carries or has in its possession a firearm, no member, officer or employee of such partnership or corporation under the age of twenty-one shall carry or have in his or her possession such firearm within the limits of the city of New York.
    • Section 465. Exemptions.
      • a.   Sections four hundred sixty-two and four hundred sixty-four shall not apply to:
        • (1)   persons in the military service of the state of New York when duly authorized by regulations issued by the chief of staff to the governor to carry or possess a firearm;
        • (2)   persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to carry or possess a firearm;
        • (3)   persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of a firearm is necessary for manufacture, transport, installation and testing under the requirements of such contract;
        • (4)   police officers as defined by the criminal procedure law section 1.20;
        • (5)   peace officers as defined by the criminal procedure law section 2.10, provided that such peace officers are (i) authorized pursuant to law or regulation of the state or city of New York to possess a firearm within the city of New York without a license or permit therefore; and (ii) authorized by their employer to possess such firearm; or
        • (6)   participants in special events when authorized by the police com- missioner.
      • b.   Any person listed in subdivision a of this section may be permitted or licensed to purchase a firearm according to State law and the rules of the city of New York. Pursuant to section four hundred sixty-three, it shall be a crime for a dealer to sell any firearm to any person listed in subdivision a without securing full and secure proof of identification.
    • Section 466. Penalties.
NYC Charter - Chapter 18-D: Sale, Purchase and Possession of Weapons