9 NYCRR Part 482 - Executive Department

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Source version current through Aug 15, 2022

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 482.1 - Definitions

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

As used in this Part, the following terms shall mean and include:

(a)Firearm means any pistol, revolver, or other firearm of a size which may be concealed upon the person, except an antique firearm.

(b)Licensee means any person, firm partnership, corporation or company, licensed as a gunsmith pursuant to section 400 of the Penal Law who is engaged in the business of manufacturing and assembling firearms, firearm frames or receivers.

(c)Licensed premises means the physical location within which the licensee is engaged in the business of manufacturing or assembling firearms, firearm frames or receivers.

(d)Basic structural component means any or all of the following individual parts or a permanent assembly forming a single part of a firearm, to wit: receiver or cylinder frame, barrel, cylinder, slide, breech block.

(e)Proof cartridge means a cartridge loaded to give chamber pressure in accordance with that recommended by the Sporting Arms and Ammunition Manufacturers' Institute for the cartridge applicable to the firearm being tested.

(f)Certificate of compliance means a statement in writing signed by the superintendent authorizing the licensee to manufacture or assemble a specific model firearm.

(g)Superintendent means the superintendent of the division of New York State Police.

9 NYCRR 482.2 - Procedure for obtaining certificate of compliance

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

(a)The licensee shall make a written request to the superintendent for a certificate of compliance authorizing him to manufacture or assemble a specific model firearm. As a part of said application the licensee shall affirm under penalty of perjury that the firearm for which such certificate of compliance is being sought will be manufactured and assembled so as to meet all of the tests and specifications as to materials and parts required by section 482.5 of this Part.

(b)Upon receipt of such request, the superintendent shall issue a certificate of compliance to the licensee that shall be in a form prescribed by the superintendent and that certificate of compliance shall be delivered to the licensee by first class mail.

(c)As a condition for the issuance of such certificate of compliance, the licensee shall make available to the superintendent samples of the material utilized in the manufacture or assembly of the firearm for which the certificate of compliance has been issued for the purpose of examination, analysis and testing.

In the alternative, he shall make available a completely assembled firearm manufactured in compliance with said certificate of compliance. Such samples or firearm shall be made available on request of the superintendent at such time as he may deem necessary.

9 NYCRR 482.3 - Suspension or revocation of certificate of compliance

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

(a)In the opinion of the superintendent, whenever the test samples or any firearm submitted by the licensee relating to a certificate of compliance fails to meet the criteria, specifications and requirements set forth in this section, the superintendent shall notify the licensee, in writing, setting forth the results of such tests and his intention to revoke or suspend such certificate of compliance.

(b)Within 10 days after receipt of such written notification of the superintendent's intention to revoke or suspend said certificate of compliance, the licensee may petition the superintendent for a hearing to review the test results on which the superintendent made his determination to revoke or suspend such certificate of compliance.

(1)Not later than 30 days after the date of receipt of such request, the superintendent shall cause a hearing to be held, at such time and place as designated by him, for the purpose of reviewing the reasons for suspending such certificate of compliance and to hear the licensee's argument against such reasons, or in the alternative, a showing on behalf of the licensee that his previous failure to manufacture and assemble such firearm, in accordance with such certificate of compliance, has been corrected.

(2)In the event the licensee desires a stenographic record of such hearing, he shall so notify the superintendent and bear any costs arising therefrom.

(c)Following such hearing, the superintendent may temporarily suspend such certificate of compliance pending correction of the manufacturer's quality control procedures, or he may revoke such certificate of compliance after giving giving due notice in writing to the licensee. In either case, the decision of the superintendent to supspend or revoke such certificate of compliance shall be based on the findings arising out of such hearing.

(d)In the event the superintendent shall revoke such certificate of compliance, the licensee may cause such determination to be reviewed in accordance with a proper article 78 proceeding provided for by the Civil Practice Law and Rules (CPLR) of the State of New York.

9 NYCRR 482.4 - Inspection of records and inventory of gunsmiths licensed to manufacture firearms

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

(a)The superintendent shall designate such members of the State Police as he may determine necessary, for the purpose of inspecting the licensed premises and records of the licensee relating to the manufacturing and assembling of firearms in accordance with the certificate of compliance issued by the superintendent.

(b)Each licensee shall permit inspection of the licensed premises by such designee of the superintendent on any business day during business hours and shall maintain and make available to such designee all records relating to the firearms manufactured or assembled within such licensed premises. Such records shall set forth but shall not be limited to the following information:

(1)type and caliber of firearm;

(2)serial number;

(3)name and address of person to whom each firearm so manufactured or assembled was delivered;

(4)a perpetual inventory of all firearms held within the licensed premises;

(5)the disposition of scrap, damaged stock or parts;

(6)record of test firings;

(7)current list of employees' names and addresses;

(8)quality control specifications and procedures.

9 NYCRR 482.5 - Specifications as to materials and parts in the manufacturing or assembling of firearms

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

All firearms manufactured or assembled pursuant to this Part shall meet the following material and parts specifications:

(a)Basic structural component.

A basic structural component shall not be made of any material having a melting point (liquids) of less than 1,000 degrees Fahrenheit, and any material having an ultimate tensile strength of less than 55,000 pounds per square inch, and no less than eight percent minimum elongation in accordance with standardized metallurgical testing procedures.

(b)Barrel.

After firing a proof cartridge, on visual examination, the barrel shall be free of cracks, bulges or splits.

(c)Cylinder (revolver).

After firing a proof cartridge, on visual examination each chamber shall be free of cracks, bulges or splits. Cylinder stop notches (bolt notches) shall be formed to ensure positive engagement of the cylinder stop at each position aligned with the bore.

(d)Slide.

After firing a proof cartridge, on visual examination, the slide material shall be free of cracks, bulges or splits; and the slide shall function throughout its full range of travel on the receiver (frame) guideways.

(e)Cylinder-frame or receiver.

After firing a proof cartridge, on visual examination, the cylinder-frame or receiver shall be free of cracks, bulges or splits.

(f)Safeties.

(1)A pistol must have a positive, manual or automatically operated safety device to prevent firing.

(2)A double-action revolver must have a safety feature, that when the trigger is in its most forward position, automatically allows the firing pin to retract to where it does not contact the primer of a cartridge.

(g)Barrel/cylinder gap (revolver).

The barrel/cylinder gap is the space between the front face of the cylinder and the rear breech face of the barrel, across which the bullet passes upon firing. After firing a proof cartridge, the barrel/cylinder gap for all calibers shall be no greater than.010 inch, measured at each firing position.

(h)Chamber diameter.

The chamber diameter shall be no greater than.005 inch in excess of the minimum chamber diameters listed in Appendix K-1.

9 NYCRR 482.6 - Safety standards tests

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

Whenever a firearm model shall be tested pursuant to this Part, it shall be subjected to the following tests:

(a)Proof test.

This test shall consist of the firing of one proof cartridge in each chamber. Each proof cartridge case shall be visually examined after firing to ensure there are no splits or other defects indicating firearm failure.

(b)Endurance test.

This test shall consist of firing 1,000 rounds of commercial ammunition. Failure shall not exceed the number listed as permitted in Appendix K-2. Firing shall be in series of not more than 500 rounds. The sample shall be cleaned and lubricated at least once during each series. The safety shall be tested at the conclusion of the test to determine that it functions as intended. Malfunctions caused by failure to clean and lubricate, or by defective ammunition, shall not be counted against the sample.

(c)Drop test.

The safety device on a pistol or revolver (single- or double-action) with an exposed hammer must withstand the impact of a weight equal to the weight of the firearm dropping from a distance of 36 inches in a line parallel to the barrel upon the rear of the hammer spur, a total of five times. Breakage or deformation which renders further firing impossible and which is not accompanied by discharge is considered satisfactory performance. This test is to be performed after the successful conclusion of the endurance test.

9 NYCRR 482.7 - Effective date

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Aug 15, 2022

The provisions of this Part shall become effective on April 1, 1976.

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