TO:

BOARD OF LEGISLATORS
COUNTY OF WESTCHESTER

Your Committee has reviewed “A LOCAL LAW amending the Laws of
Westchester County by adding a new Chapter 432 requiring gun show operators
conducting events in Westchester County to follow and enforce certain procedures.”
It is the purpose of this Local Law to supplement, and aid in the enforcement of,
the New York State Gun Show Law (Article 39-DD of the General Business Law).
As you know, this Honorable Board must comply with the requirements of the
State Environmental Quality Review Act (“SEQRA”). Your Committee is advised that
the Department of Planning has reviewed the applicable SEQRA regulations, and has
concluded that this proposed Local Law does not constitute an action and that, therefore,
no environmental review is required. Your Committee concurs with that conclusion.
Your Committee, after careful consideration, recommends the adoption of this
Local Law.

Dated:

, 2017
White Plains, New York

COMMITTEE ON
A/tgg/1-5-17

 RESOLUTION NO. ____ – 2017

RESOLVED, that this Board hold a public hearing pursuant to Section 209.141(4)
of the Laws of Westchester County on Local Law Intro. No. ___ - 2017, entitled “A
LOCAL LAW amending the Laws of Westchester County by adding a new Chapter 432
requiring gun show operators conducting events in Westchester County to follow and
enforce certain procedures.” The public hearing will be held at __.m. on the _____ day
of _____________, 2017 in the Chambers of the Board of Legislators, 8th Floor,
Michaelian Office Building, White Plains, New York. The Clerk of the Board shall cause
notice of the time and date of such hearing to be published at least once in one or more
newspapers published in the County of Westchester and selected by the Clerk of the
Board for that purpose in the manner and time required by law.

 LOCAL LAW NO.

-2017
A LOCAL LAW amending the Laws
of Westchester County by adding a
new Chapter 432 requiring gun show
operators conducting events in
Westchester County to follow and
enforce certain procedures.

BE IT ENACTED by the County Board of the County of Westchester as follows:
Section 1. A new Chapter 432 is hereby added to the Laws of Westchester
County to read as follows:
CHAPTER 432
GUN SHOW PROCEDURES
Sec. 432.01. Definitions.
Sec. 432.11. Procedures.
Sec. 432.01. Definitions.
1. “Gun show” means an event at which (a) twenty percent or more of the total
number of exhibitors are firearm exhibitors or (b) ten or more firearm exhibitors are
participating or (c) a total of twenty-five or more pistols or revolvers are offered for sale,
transfer or exchange or (d) a total of fifty or more firearms, rifles or shotguns are offered
for sale, transfer or exchange or (e) a public auction, flea market or garage sale is held
and firearms, rifles or shotguns are offered for sale, transfer or exchange. The term gun
show shall include any building, structure or facility where firearms, rifles or shotguns
are offered for sale, transfer or exchange and any grounds used in connection with the
event.
2. “Gun Show operator” means any person, firm, partnership, corporation or
company that organizes, produces, sponsors or operates a gun show.
Sec. 432.11. Procedures.
Any gun show operator that conducts events in Westchester County shall follow
and enforce the following procedures:
1. All on-line promotional information regarding gun shows in Westchester
County must contain, in a prominent location and typeface, the following: "New York
State law requires that a National Instant Criminal Background Check must be completed

 prior to all firearm sales or transfers, including sales or transfers of rifles or shotguns. The
sale or transfer of a firearm, rifle or shotgun at a Gun Show without first conducting a
Background Check is a crime";
2. At all entrances to the building at which the gun show is held, at all places at
the show where admission tickets are sold, and no fewer than four additional locations
within the grounds of the gun show, there shall be posted signs that are a minimum size
of eight and one-half inches by ten inches that state, in a typeface, size and color so as to
insure prominent visibility: "New York State law requires that a National Instant
Criminal Background Check must be completed prior to all firearm sales or transfers,
including sales or transfers of rifles or shotguns. The sale or transfer of a firearm, rifle or
shotgun at a Gun Show without first conducting a Background Check is a crime. It is also
a crime to offer or agree to sell a firearm, rifle or shotgun at a Gun Show and then
transfer it at another location for the purpose of avoiding a National Instant Criminal
Background Check. All federally licensed dealers can perform a Background Check at
cost";
3. Every registered dealer shall be given the following written notice, which may
be included in other mailings about the show but of a typeface that gives it prominence,
that states: "New York State law requires that a National Instant Criminal Background
Check must be completed prior to all firearm sales or transfers, including sales or
transfers of rifles or shotguns. The sale or transfer of a firearm, rifle or shotgun at a Gun
Show without first conducting a Background Check is a crime. It is also a crime to offer
or agree to sell a firearm, rifle or shotgun at a Gun Show and then transfer it at another
location for the purpose of avoiding a National Instant Criminal Background Check";
4. At every table or booth where guns are offered for sale there shall be posted a
sign that states: "New York State law requires that a National Instant Criminal
Background Check must be completed prior to all firearm sales or transfers, including
sales or transfers of rifles or shotguns. The sale or transfer of a firearm, rifle or shotgun at
a Gun Show without first conducting a Background Check is a crime. It is also a crime to
offer or agree to sell a firearm, rifle or shotgun at a Gun Show and then transfer it at
another location for the purpose of avoiding a National Instant Criminal Background
Check";
5. The gun show operator shall provide access at the gun show to a Federal
Firearms License (FFL) dealer who is authorized to perform a National Instant Criminal
Background Check ("NICS"), where the seller or transferor of a gun is not authorized to
conduct such a check, by either (i) requiring FFL dealers to conduct a NICS at cost or (ii)
designating a specific location at the gun show where an FFL dealer will perform a NICS
at cost. Any FFL dealer who performs a NICS shall complete and file the ATF Form
F 4473 and maintain such forms as required by applicable State and Federal Law;
6. If the gun show operator designates a specific location for an FFL dealer to
conduct NICS checks, that location shall be marked with a sign that is at least 22" x 24"
and visible to the public;

 7. The requirement that a NICS be performed applies to all transfers within the
building where the show is held and on any grounds used in connection with the show,
but shall exclude parking lots, sidewalks, and all other areas located outside of the
building. However, the operator shall use all reasonable means to attempt to prevent any
sales from occurring outside of the building at which the show is held, including areas
immediately outside the entrance/exit to the building and in areas utilized for adjacent
parking unless a NICS is performed. This shall include, at a minimum:
(a) Either providing security personnel or requesting local law enforcement
to conduct periodic patrols of the parking area for the purpose of discouraging gun sales
outside of the building; and
(b) Alerting local law enforcement in writing that the show is scheduled and
that they will be called if sales in the parking lot are observed or suspected.
8. Procedures for Bringing Guns into the Gun Show:
In order to prevent the sale or transfer of guns at gun shows without a NICS, all
guns brought onto the grounds of the show for purposes of sale or transfer are subject to
the following procedures. All pre-registered dealers and individuals not pre-registered
with the operator for a table or booth ("private sellers") are covered by these procedures.
The parties acknowledge that there is no requirement that the operator allow private
sellers to bring guns into the gun show and it is the preferred practice of the County of
Westchester that private sales be prohibited at gun shows.
(a) The operator shall insure that all of its agents responsible for
monitoring the entrance/exit locations are given a copy of these procedures and that these
locations are staffed at all times the show is open to the public;
(b) The general public, defined as anyone who is not a pre-registered dealer, shall
enter and exit the show through only one location, unless more locations are required by
the applicable fire codes. This entrance/exit location shall be set up to insure that guns
brought into the building by private sellers can be identified as described below. In the
event there are areas of entrance/exit that cannot otherwise be secured, they shall be
guarded to prevent bypassing gun inspection or admission procedures.
(c) The operator shall give all private sellers written notice that New York State
law requires that a NICS check be completed prior to all sales or transfers.
(d) The operator shall implement a procedure designed to prevent the transfer of a
gun without a NICS, which must include the inspection of all guns in the possession of
individuals who are not pre-registered dealers when they exit the show building. At a
minimum, the procedures must include the following:
(i) If the individual brought the gun into the show, there must be a process for
written confirmation that he/she is leaving with the same gun.
(ii) If the individual is a buyer or transferee, he/she must present documentation
signed by an FFL to prove a NICS was performed.
(iii) If the individual presents a gun, but cannot prove prior ownership, and does
not produce documentation showing that a NICS has been performed, the individual will
be directed to an FFL at the gun show who shall perform a NICS at the individual's
expense. If the individual is not approved for the transfer following a NICS or refuses to

 participate in the NICS check, the operator or his agent, shall notify law enforcement
immediately to report the incident.
§2. This LOCAL LAW shall take effect ______________.