Highlights:
- All private gun sales in New York must go through an FFL dealer.
- Prospective buyers must have a pistol license to buy a handgun/pistol or a semi-automatic rifle license to buy a semi-automatic rifle.
- Local governments are allowed to impose stricter gun laws in New York, so always check with your local clerk of court.
- New York has an assault weapons ban, and many gun types are prohibited.
- Selling your gun to Cash for Arms is easy for New Yorkers. If you want to skip the hassle, you're allowed to sell directly to Cash for Arms.
Laws for Selling Guns in New York
Preemption laws
New York is one of few states that don’t have preemption laws. This means that local governments can further restrict their gun laws. NYC is notably a good example of this.
- Disclaimer: Gun laws may vary per county or city. Always seek legal advice whenever selling a gun in your area.
Required background check
All gun sales, including private sales, in New York require a background check. Common exemptions include:
- spouses
- domestic partners
- children
- step-children
Purchase permits
If you sell a handgun or semi-auto rifle, your buyer must have a concealed carry license or a Semi-Automatic Rifle License. ****Always check that they’re not expired.
Firearm registration
Under New York State law, one must register their handgun or pistol by getting a firearm license. Assault weapons owned before January 15, 2013, must also be registered.
Assault weapon ban
New York's assault weapon law bans assault weapons. It prohibits making, transporting, disposing of, or possessing them. Owners of assault weapons before January 15, 2013, must register them with the State Police.
NFA Weapons Ban
Most NFA items are prohibited to average citizens in New York. You likely don't have an NFA item, but it's worth checking to be sure. We can help you determine this if you choose to get an offer from us.
Magazine capacity
State law restricts the possession, sale, and transfer of magazines that can hold more than ten rounds of ammunition. This includes any magazine, belt, drum, feed strip, or similar device that can be readily restored or converted to accept more than ten rounds.
Red Flag Laws
New York has Red Flag Laws, which allows for the temporary removal of firearms from individuals deemed a threat to themselves or others. Always make sure that your prospective buyer is not flagged under this law.
Sensitive location
Under state law, you must not possess a gun in a place deemed as a “sensitive location.” That’s why when meeting a buyer to have them inspect your gun, always go directly to an FFL dealer for safety and security.
2. Where to Sell Your Gun in New York
Sell Your Gun to Cash for Arms
Cash for Arms offers a great alternative that combines convenience, safety, and competitive pricing. Here's why you should choose us:
- Hassle-free process. We handle all the paperwork and legal requirements, saving you time and potential legal headaches.
- Competitive pricing. Our team of experts ensures you get fair market value for your firearm.
- Safety and security. There’s no need to meet with strangers or worry about potential scams.
- Speed. Get paid quickly without waiting for the right buyer to come along.
- Expertise. Our knowledge of firearms and local laws ensures a smooth, compliant transaction.
Our Three-Step Easy Selling Process
- Submit gun details. Visit our website and fill out our simple online form with details about your gun. We'll provide you with a competitive offer quickly.
- Accept the offer. If you're satisfied with our offer, accept it online. We'll then guide you through the next steps.
- Ship and get paid. We'll arrange for secure and free shipping of your gun. Once we receive and verify it, you get paid promptly.
Wanting to sell a large amount of guns? Cash for Arms also offers liquidation services in New York for those looking to sell a gun collection, estate, or store inventory.
Sell Your Gun to a Private Individual in New York
When selling to a private individual, you must exercise caution and follow all legal requirements. Here are some tips:
- Verify the buyer's identity and residency.
- Ensure they have the proper licenses and permits.
- Always conduct the transaction through an FFL dealer.
Sell Your Gun to FFL Dealers in New York
Selling to an FFL dealer can be a straightforward option. FFL's can include gun shops or pawn shops.
- They handle the paperwork and background checks.
- You're assured of a legal transaction.
- It's often quicker than finding a private buyer.
One of the challenges you may encounter here is finding a reputable FFL dealer. There are many local dealers in your area, but they might give you low offers. We recommend calling around to see if the FFL buys used guns before bringing your gun to them.
Whatever buyer you choose, always make sure you follow the necessary legal procedure.
3. Bring Your Gun for Inspection
When meeting a buyer to inspect your gun, meet at an FFL dealer's premises. Meeting elsewhere you’re not sure is a “sensitive location” can be problematic. Remember to unload your gun and transport it safely in accordance with federal law.
Note: Make sure this is ok with the FFL in advance, don't just show up.
Tips on How to Transport a Gun in New York
- Keep the gun unloaded and in a locked container.
- Store ammunition separately.
- Have your license and registration readily available.
- Go directly to your destination without unnecessary stops.
Tips on How to Get the Best Out of Your Gun’s Worth
- Clean and maintain your gun. A well-maintained gun often fetches a higher price. Clean it thoroughly and ensure all parts are in working order.
- Keep original packaging and accessories. If you have the original box, manual, and any accessories, include them. These can increase the value of your gun.
- Know your gun's market value. Research recent sales of similar models to have a realistic price expectation. Cash for Arms can provide a free valuation to help you understand your gun's worth.
- Highlight unique features. If your gun has any special features or modifications, make sure to point these out. However, not all modifications add value to your gun’s worth. In some cases, they can even lower them down, especially if the buyer doesn’t like the modification you did.
- Consider timing. Some guns may fetch higher prices during certain seasons (like hunting rifles before hunting season).
- Be honest about the condition. Accurately describe any wear or issues. Honesty builds trust and prevents problems later.
4. Close the Sale
Once you've agreed on a price and terms, complete the transaction through an FFL dealer. They’ll conduct the necessary background checks and handle the paperwork.
Have a Bill of Sale
Always create a bill of sale that includes:
- Names and addresses of both parties
- Firearm details (make, model, serial number)
- Sale price and date
- Signatures of both parties
Why Create a Bill of Sale?
Creating a bill of sale in New York when selling a gun to a private individual is mostly not legally required, but it’s highly advisable. Here are the key points to consider:
- Proof of ownership transfer. A bill of sale shows that the seller transferred the gun to the buyer. This can be crucial in future legal inquiries or disputes.
- Record keeping. It helps both parties maintain accurate records of the transaction.
- Compliance and safety. Generally, a bill of sale isn't legally required. However, some counties might need one. For example, when selling a handgun in Erie County, a dated bill of sale is a must to remove the handgun from the seller’s permit.
Conclusion
Selling a gun in New York requires careful attention to legal requirements and safety precautions. Keep in mind that this blog only outlines state-wide gun laws. Local governments, especially NYC, may have stricter rules.
Cash for Arms offers a convenient alternative if you want to avoid the complexities of private sales and the time-consuming process of finding a reputable local FFL dealer in New York. We handle all the legal requirements and provide competitive prices for your guns.
Contact Cash for Arms today to learn how we can help you sell your gun safely and easily in New York. You may contact us at (904) 977-5477