New York State requires background checks for all gun sales, whether by licensed dealers or private (non-dealer) sellers.
You can learn more about this in our page on New York’s gun laws. If you want to learn more about the background check itself, keep reading.
Overview of Background Checks in New York
Are They Required?
The State of New York mandates background checks on all gun buyers.
Buyers have to fill out a Form 4473 with a licensed gun dealer to start the check. The form serves as a record of the transaction too. However, some sellers will still create a bill of sale to go with it.
At any rate, the NYS gun background check online system relies on the National Instant Criminal Background Check Database (NICS). Licensed dealers must contact the Division of State Police to use it.
Eligibility
To pass a gun buyer background check, you need to meet the minimum age to purchase the firearm you’re buying and not be disqualified from gun possession by federal and state law.
For example, if you’re buying a handgun, you must be at least 21. If it’s a long gun that’s not a semi-automatic, you must be at least 18.
Again, you can learn more about eligibility to own guns in NY on our gun laws page.
Timeframe
The background checks usually take 3 business days. However, they can be as short as a few minutes when the queue is very short and you don’t have people with similar names.
Appeal Process
There’s an appeals process if you think that your failure to pass the background check is incorrect:
- Request the reason for denial at www.fbi.gov/nics-appeals.
- Supply these:
- Your complete name
- Your complete mailing address
- Your NICS Transaction Number or State Transaction Number
- Wait for the Appeal Services Team (AST) to respond, usually in 5 business days.
- Challenge the cause of the denial cited by the AST with relevant and official (government-verified) proof.