How to Transfer Ownership of a Pistol in New York: Permits, Dealer Steps

To transfer ownership of a pistol in New York, both people must hold valid New York pistol permits, the transfer must go through a licensed firearms dealer (unless you and the other party are immediate family), and both sides must then file a permit amendment with their county licensing authority. Skip any of those steps and you are looking at a misdemeanor at minimum.

Both People Need Valid Pistol Permits

Anyone who possesses a handgun in New York has to hold a pistol permit issued by their county’s licensing authority, and the permit lists every handgun the holder is authorized to possess by make, model, serial number, and caliber.¹ That rule sits on both ends of a transfer. The pistol can’t legally rest in your hands unless it appears on your permit, and it can’t leave the other person’s permit until the county processes the change.

If the person on the receiving end doesn’t already have a New York pistol permit, they need to get one before the transfer can happen. Applications go through the county where you live and involve fingerprinting, a background investigation, and a judge’s approval. Depending on the county, that can take months or over a year. Start early.

The Immediate Family Exception

New York requires almost all private pistol transfers to run through a licensed dealer, with a narrow carve-out for immediate family. The statute defines “immediate family” as spouses, domestic partners, children, and step-children only.² Siblings, parents, grandparents, aunts, uncles, and cousins are not covered. A transfer to your brother or your father still needs a dealer.

Even when the exception applies, both parties still need valid pistol permits, and both still have to file permit amendments with their county. The exception removes the dealer and the background check fee. It does not remove the paperwork.

What to Bring to the Dealer

Before either of you walks into a shop, have the following ready:

Both pistol permits. The transferor’s must list the specific pistol being handed over. The transferee’s must be current and in good standing.
Government-issued photo ID showing name, photograph, date of birth, and current address. A New York driver’s license or non-driver ID handles this.³
The firearm’s make, model, serial number, and caliber. These have to match what’s on the transferor’s permit.
A bill of sale is not required by statute, but writing one up protects both of you. Include both names and addresses, both permit numbers, the firearm description, price or a note that it’s a gift, and the date.

Running the Transfer Through the Dealer

For any transfer outside the immediate family exception, both people appear in person at a New York licensed firearms dealer. The dealer takes possession of the pistol from the seller, runs the required checks, and releases it to the buyer.²

The buyer fills out ATF Form 4473, the federal Firearms Transaction Record. It collects identifying information and runs through a series of eligibility questions covering felony convictions, restraining orders, and other disqualifiers. Lying on the form is a federal crime. The dealer then submits a background check request to the New York State Police, who run it through the National Instant Criminal Background Check System.

How Long the Background Check Takes

This is where New York parts ways with most states. Under federal law alone, a dealer can release a firearm if the background check hasn’t cleared within three business days. New York overrides that. The state gives the Division of State Police up to 30 calendar days to review a delayed transaction. If 30 days go by without a proceed or deny response, the dealer has to rerun the NICS check, and a further three-day window applies before the dealer can decide whether to complete the transfer.⁴ Most checks come back quickly. If yours gets flagged for delay, plan on the process taking substantially longer.

Once the check returns a “proceed” response, the dealer releases the pistol to the buyer.²

Dealer Fees

State law caps the background check processing fee at $10 per transaction.² The dealer also charges a separate service fee for handling the transfer, which is not capped and typically runs $25 to $75. Call around before you pick a shop.

Filing the Permit Amendment

Finishing the sale at the dealer is not the end of the process. Both the buyer and the seller have to file a permit amendment with their county licensing authority. The buyer’s amendment adds the pistol to their permit; the seller’s amendment removes it. Until both are processed, the pistol is on the wrong person’s permit, and a records mismatch can turn a routine police contact into a problem.⁵

The amendment form itself is a standardized New York State document (PPB-5), but each county sets its own submission process. Some accept mailed amendments; others require you to come in. You’ll include the firearm’s make, model, caliber, and serial number, along with proof of how you acquired or disposed of it, such as the dealer receipt.⁶

Amendment fees vary. Ontario County charges $3 for the amendment with an additional $5 if the permit card needs reprinting.⁷ Suffolk County charges a flat $5.⁸ File the amendment promptly after the transfer.

If the Pistol Is Coming From Out of State

Federal law prohibits a dealer from handing a pistol directly to a resident of a different state. If you’re receiving a pistol from someone outside New York, whether a private seller, a dealer, or a family member, the firearm has to ship to a licensed dealer in New York, who then runs the transfer as if it were a local sale.⁹ The New York dealer handles Form 4473, runs the NICS check, and confirms your permit before releasing the firearm. Over-the-counter sales to out-of-state residents are only allowed for rifles and shotguns, never handguns.

When the Owner Has Died

A pistol permit dies with the holder. Once a permit holder passes away, every firearm on that permit has to be accounted for, and New York law requires the executor or a responsible family member to notify the county pistol permit office and arrange disposition within 15 days of death.¹

The firearms can go to another valid permit holder, a licensed dealer, or local law enforcement. If an immediate family member with a valid permit wants a pistol from the estate, many counties allow this without a dealer, provided the family member submits the right paperwork: a copy of the death certificate, proof of authority over the estate (such as letters testamentary from surrogate’s court), amendment forms for both the deceased’s permit and the acquiring person’s permit, and a handgun sale affidavit. Anyone outside immediate family goes through a licensed dealer like any other transfer.

If no family member holds a permit or wants the firearms, the executor should contact a licensed dealer to take possession, or ask the local sheriff’s office to arrange a pickup. Leaving firearms in a home where no one holds a valid permit is both illegal and unsafe.

Who Cannot Legally Receive a Pistol

Federal law bars several categories of people from possessing firearms, and the background check is designed to catch them. You cannot receive a pistol if you:

Have been convicted of any crime punishable by more than one year in prison
Are under indictment for such a crime
Are a fugitive from justice
Use or are addicted to any controlled substance
Have been involuntarily committed to a mental institution or adjudicated as mentally defective
Are in the country unlawfully
Were dishonorably discharged from the military
Have renounced U.S. citizenship
Are subject to a restraining order involving an intimate partner or their child
Have been convicted of a misdemeanor crime of domestic violence

The last category trips people up more than any other. A misdemeanor domestic violence conviction creates a lifetime federal firearms ban, even if the offense looked minor at the time and even if it happened decades ago.¹⁰ New York’s own permit standards add more grounds for denial, including certain mental health holds and prior permit revocations. If there’s any doubt about eligibility, resolve it before attempting a transfer.

What Happens if You Skip the Process

New York treats unlicensed pistol transfers seriously. A permit holder who disposes of a firearm without notifying the licensing authority commits a Class A misdemeanor under New York Penal Law 265.10, punishable by up to one year in jail.¹¹ The person on the receiving end faces the same misdemeanor for possessing a firearm not listed on their permit. When someone who isn’t legally allowed to possess firearms sells or gives one away, it jumps to a Class D felony carrying up to seven years in prison.

Federal penalties run steeper. A straw purchase, where one person buys a firearm on behalf of someone else to get around the background check, carries up to 15 years in federal prison.¹² The dealer route costs a modest fee and takes an afternoon. The alternative can cost you years of your life and any future right to own a firearm.

1
Niagara County, NY. Permit Information
2
New York State Senate. New York General Business Law 898 – Private Sale or Disposal of Firearms, Rifles and Shotguns
3
ATF. Identification of Transferee / Firearms Transaction Record
4
New York State NICS. FAQ
5
Albany County, NY. Pistol Permits, Amendments and Gunsmith/Dealer Licenses
6
Monroe County Sheriff. Pistol Permits – Section: Amending a Pistol Permit
7
Ontario County, NY. Amending a Pistol Permit
8
Suffolk County Police Department. Pistol License Fees
9
Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Licensee Quick Reference and Best Practices Guide
10
Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
11
New York State Senate. New York Penal Law 265.01 – Criminal Possession of a Weapon in the Fourth Degree
12
Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms