Section 896. Operation of a gun show  


Latest version.
  • 1. A gun show operator shall:
        (a)  at  all  times  during  such show conspicuously post and maintain
      signs stating "A National Instant  Criminal  Background  Check  must  be
      completed  prior  to  all firearm sales or transfers, including sales or
      transfers of rifles or shotguns". Signs must be posted at all  entrances
      to  the  gun show, at all places where admission tickets to the gun show
      are sold and not less than four additional locations within the  grounds
      of the gun show;
        (b)  notify  all firearm exhibitors in writing that a national instant
      criminal background check must be completed prior to all  firearm  sales
      or transfers, including sales or transfers of rifles or shotguns; and
        (c)  provide access at the gun show to a firearm dealer licensed under
      federal law who is authorized to perform  a  national  instant  criminal
      background  check  where the seller or transferor of a firearm, rifle or
      shotgun is not authorized to conduct  such  a  check  by  (i)  requiring
      firearm  exhibitors  who  are firearm dealers licensed under federal law
      and who are authorized to conduct a national instant criminal background
      check to provide such a check at cost or  (ii)  designating  a  specific
      location  at  the gun show where a firearm dealer licensed under federal
      law who is authorized to conduct a national instant criminal  background
      check  will  be  present  to  perform  such a check at cost. Any firearm
      dealer licensed under  federal  law  who  performs  a  national  instant
      criminal  background  check pursuant to this paragraph shall provide the
      seller or transferor of the firearm, rifle or shotgun with a copy of the
      United States Department of Treasury, Bureau  of  Alcohol,  Tobacco  and
      Firearms  Form  ATF  F 4473 and such dealer shall maintain such form and
      make such form available for inspection by law enforcement agencies  for
      a period of ten years thereafter.
        2.   Whenever   the  attorney  general  shall  believe  from  evidence
      satisfactory to him or her that a gun show operator has violated any  of
      the provisions of this section, the attorney general may bring an action
      or  special proceeding in the supreme court for a judgment enjoining the
      continuance of such violation and for a civil penalty in an  amount  not
      to  exceed  ten thousand dollars. If it shall appear to the satisfaction
      of the court or justice that the defendant has violated  any  provisions
      of  this  section,  no  proof shall be required that any person has been
      injured thereby nor  that  the  defendant  intentionally  violated  such
      provision.  In  such  action  preliminary  relief  may  be granted under
      article sixty-three of the civil practice law and rules.  In  connection
      with  any  such proposed application, the attorney general is authorized
      to take proof, issue  subpoenas  and  administer  oaths  in  the  manner
      provided in the civil practice law and rules.