Section 396-EE. Sale of certain weapons; locking devices therefor  


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  • (1) No
      person, firm or corporation engaged in the retail  business  of  selling
      rifles,  shotguns  or  firearms,  as  such  terms are defined in section
      265.00 of the penal law, shall sell, deliver or transfer any such rifle,
      shotgun or firearm to another person unless the transferee  is  provided
      at  the time of sale, delivery or transfer with a gun locking device and
      a label containing the quoted language specified in subdivision  two  of
      this  section  is  either  affixed  to such rifle, shotgun or firearm or
      placed in the container in which such rifle, shotgun or firearm is sold,
      delivered or transferred. For the purposes of  this  section,  the  term
      "gun  locking  device"  shall  mean  an  integrated design feature or an
      attachable accessory that is resistant to tampering and is effective  in
      preventing  the  discharge of such rifle, shotgun or firearm by a person
      who does not have access to the key, combination or other mechanism used
      to disengage the device. The division of state police shall develop  and
      promulgate  rules  and regulations setting forth the specific devices or
      the  minimum  standards  and  criteria  therefor  which  constitute   an
      effective gun locking device.
        (2)  Every  person, firm or corporation engaged in the retail business
      of selling rifles, shotguns or firearms, as such terms  are  defined  in
      section  265.00 of the penal law, shall, in the place where such rifles,
      shotguns or firearms are displayed or transferred to the purchaser, post
      a notice conspicuously stating in bold print that: "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."
        (3)  Any  person,  firm  or  corporation  who fails to comply with the
      provisions of this section shall be guilty of a violation punishable  as
      provided in the penal law. Any person, firm, or corporation who fails to
      comply  with the provisions of this section after having been previously
      convicted of a violation of this section shall be guilty of  a  class  A
      misdemeanor, punishable as provided in the penal law.