Suffolk County Firearm Laws
Laws of Suffolk County
Chapter 233. Bullets,
233-1. Purpose. It is the intent of the Suffolk County Legislature
to restrict the possession, disposition and use of certain handgun bullets
that are designed primarily for the purpose of armor penetration so
as to give law enforcement personnel a reasonable degree of protection
from penetration of body armor. This chapter is not intended to restrict
the availability of ammunition for personal defense, sporting or hunting
233-2. Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
Body Armor - Commercially available soft, bullet-resistant apparel
with a penetration resistance equal to or greater than body armor classified
as Threat Level Class II that complies with New York State Industrial
Code Rule 55 or National Institute of Law Enforcement and Criminal Justice
Standard 0101.01, dated May 1978.
- Any person engaged in the business of selling ammunition at wholesale
or retail who is licensed under Chapter 44 of Title 18 of the United
Dispose Of - Dispose of, give, give away, loan, offer for sale,
sell, transfer and otherwise dispose of, except to police or military
Handgun - A firearm originally designed to be fired by the use of
a single hand.
- Natural person, firm, partnership, corporation or company.
Restricted Handgun Bullet - A handgun projectile that is capable
of penetrating armor, including body armor as defined herein, and is
comprised of a projectile whose composition includes any components
having a hardness of 70 or greater on the Rockwell B hardness scale,
specifically the Czechoslovakian manufactured 9-millimeter; and all
KTW teflon-coated projectiles.
A. Any person
who, with intent to injure or kill, or whoever, during and in relation
to the commission of a crime of violence for which he may be prosecuted
in court, including a felony which provides for an enhanced punishment
if committed by the use of a dangerous weapon or device, uses or carries
any handgun loaded with armor-piercing ammunition, as defined herein,
shall, in addition to the punishment provided for the commission of
such felony, be sentenced to a term of imprisonment for not less than
B. No dealer shall
dispose of any restricted handgun bullet or bullets in Suffolk County,
except to police or military units.
233-4. Penalties for offenses. Any person convicted of violating
this chapter shall be deemed guilty of a misdemeanor punishable by a
fine not exceeding $1,000 or by imprisonment for not more than six months,
or by both such fine and imprisonment. Notwithstanding any other provision
of law, the court shall not suspend the sentence of any person convicted
of a violation of this chapter nor place him on probation, nor shall
the term of imprisonment run concurrently with any other term of imprisonment,
including that imposed for the felony in which the armor-piercing handgun
ammunition was used or carried. No person sentenced under this section
shall be eligible for parole.
Chapter 345. Licensed
Article V. Dealers
in Secondhand Articles
345-47. Definitions. As used in this article, the following terms
shall have the meanings indicated:
- Any unloaded muzzle-loading pistol or revolver with a matchlock, flintlock,
percussion cap or similar type of ignition system, or a pistol or revolver
which uses fixed cartridges which are no longer available in the ordinary
channels of commercial trade.
Business Day - Any calendar day except Sunday or any County holiday.
Dealer in Secondhand Articles:
A. Any person,
corporation, partnership or other entity and its employees that, as
a business, transacts more than five deals in the purchase or sale of
the following articles within a twelve-month period:
(1) Antique firearms.
B. Exempted operations:
(1) "Dealer in secondhand articles"
shall not include any organizations formed for charitable purposes,
which accept donations of secondhand articles and resell them to raise
funds for purposes consistent with the formation of the organization,
nor any persons, corporations, partnerships or other entities and their
employees that, as a business, are principally engaged in the service
and/or repair of electronic equipment or component parts thereof and
who, from time to time, sell electronic equipment or component parts
thereof, which have been left for repair and later abandoned.
The sale of secondhand goods at events commonly known as "garage
sales," "yard sales," or "estate sales" provided:
The sale is held on noncommercial property; (b) None of the items
offered for sale have been purchased for resale; (c) The owner
of the property receives all proceeds; and (d) The sale period is no
longer than 72 hours. At no time shall the property owner be permitted
to conduct more than two events within a twelvemonth period. (3)
Secondhand books, comic books, magazines, post cards, and postage stamps.
Department -The Office of Consumer Affairs.
Proper Identification - Identification documents that contain the
person's name and either a photograph or a physical description of said
person. Social security cards, draft registration cards, voter registration
cards and comparable documents shall not be considered sufficient identification
for the purpose of this article.
Secondhand Article - An article or object which:
A. Has been previously
sold at retail; or
B. Has been previously
used or is not in a new condition.
345-48. License required; display
A. No person shall
engage in any business as a dealer in secondhand articles without obtaining
a license therefor from the office in accordance with and subject to
the provisions of this article and Article I.
B. A licensee
shall display the license obtained pursuant to this article in the establishment.
If a licensee shall maintain more than one establishment within the
County of Suffolk, he shall obtain duplicate licenses. The fee for duplicate
licenses are set forth in ¤ 345-49B.
C. No applicant
for a license renewal shall have any outstanding judgment for child
support against him or her, or be in arrears in child-support payments
as determined by official court records or official government records,
at the time an application is filed for such license renewal.
A. An application
fee of $25 shall accompany each application for a dealer in secondhand
B. The fee for
a duplicate license for an additional dealer in a secondhand articles
establishment shall be $50 per annum. It may be renewed biennially for
a fee of $100.
C. The fee for
a dealer in secondhand articles license or renewal thereof shall be
$200 per annum.
345-50. Required records.
A. Each licensee
shall keep records, legibly written in English, in a bound book. All
entries shall be made in ink at the time of each transaction and shall
include the computer transaction number. Each transaction shall also
(1) An accurate
account and description of the article or thing bought, including but
not limited to the make, model, color and serial number when present.
The amount paid for the article.
(3) The date of transaction.
(4) The name, home residence,
date of birth, sex and race of the person selling the items.
The type of identification produced by the person selling the article.
The signature of the person identified in the transaction.
B. No alterations or erasures
are to be made to records. Erroneous entries are to have a simple line
drawn through them and the corrected entry made on the next line.
C. The records shall be retained
in the possession of the licensee for at least three years.
D. A written receipt shall be
issued to the seller with the serial number of the transaction and the
information required in Subsections A, B and C of this section.
of records and books. All records required to be kept pursuant to
this article shall be open for inspection by the Office of Consumer
Affairs, the Police Commissioner, a Chief of Police or any officer or
employee duly authorized by them.
345-52. Prohibited acts.
A. No article
purchased by a dealer in secondhand articles shall be sold or otherwise
disposed of until the expiration of at least 21 business days from the
date of purchase.
B. All articles
subject to this holding period shall be available for inspection by
the Director of the Office of Consumer Affairs, the Police Commissioner,
the Chief of Police or any officer duly authorized by them.
C. Purchases or
sales between licensed secondhand dealers shall be exempt from the provisions
of this section only if evidence of full compliance with all provisions
and conditions set forth in this article is obtained by the purchasing
secondhand dealer from the selling secondhand dealer in the form of
a receipt. This receipt shall be retained by the purchasing secondhand
dealer for the period required by ¤ 345-50C hereof.
345-52.1. Police order to hold property.
A. Investigative hold.
Whenever a law enforcement or consumer affairs official notifies a licensee
not to sell an item, the item shall not be sold or removed from the
premises. The investigative hold shall be confirmed in writing by the
originating agency within 72 hours and shall remain in effect for 15
days from the date of initial notification or until the investigative
order is cancelled, or until an order to hold is issued, whichever comes
B. Order to hold.
Whenever the Commissioner of Police, a Police Chief, or Director of
Consumer Affairs notifies a licensee not to sell an item, the item shall
not be sold or removed from the licensed premises until authorized to
be released by the aforementioned individuals or their designees. The
order to hold shall expire 90 days from the date it is placed.
C. When an item is placed on hold, the person doing so shall provide
identification and provide the licensee with the name and phone number
of the holding agency and the case number related to the hold order.
D. When an order to hold is no longer necessary, the licensee shall
be notified in writing by the requesting agency.
A. No article
shall be purchased from a person who is unable to produce proper identification.
The acts enumerated in this section are not exclusive. Article I of
this chapter also applies.
No article shall be purchased from a person under the age of 18 without
the written consent of his parent or guardian.
D. No article shall be purchased that
possesses an altered or obliterated serial number or any item that has
had its serial number removed.
No article shall be purchased from a person who appears to be intoxicated
or of unsound mind.
Every person so licensed as a dealer
in secondhand articles shall report to the Police Commissioner or Chief
of Police, on or before the end of each business day in a form approved
and supplied by the Commissioner of Police, the information described
in ¤ 345-50 of this article.
On or after March 1, 2004, any required
report shall be filed electronically.
345-54. Temporary license pending issuance of permanent license.
The Office shall issue a temporary license to any applicant for a dealer
in secondhand articles license if the Office has not, within 30 days
after receipt of the application for such license, approved or disapproved
The temporary license shall be valid for a period of 90 days. If within
such ninety-day period the Office shall have failed to approve or disapprove
the application, the Office shall then issue a regular license to the
applicant. If the application is approved during the term of the temporary
license, the Office shall then issue a regular license to the applicant.
C. The fee for a temporary license
shall be $50. The fee for a regular license issued to replace a temporary
license shall be $150.
D. A regular license issued pursuant
to the provisions of Subsection B shall expire on the last day of the
24th month following the issuance of the temporary license.
bond. Notwithstanding the provisions of ¤ 345-11A(4) herein, every
applicant for a dealer in secondhand-articles license shall submit a
five-thousand-dollar bond, or for renewal of a license, evidence of
a bond issued in favor of the licensee. This bond shall be for the purpose
of guaranteeing payments up to the face amount of the bond for bank
drafts or other negotiable instruments issued by the licensee in exchange
for the purchase of secondhand articles. All bonds shall be conditioned
that the licensee will observe all laws in relation to precious metal
dealers and will conduct business in conformity thereto. Such bond shall
remain in full force during the entire period for which the license
[Laws of Suffolk County current as
of Dec. 10, 2007]