Empire State Firearms – Terms of Sale, Store Policies & Website Use
By using this website, placing an order, or purchasing products from Empire State Firearms, you agree to the policies below. These terms are intended to comply with applicable federal, state, and local law. If any portion is found unenforceable, the remaining portions remain in effect.
1. FIREARMS, MAGAZINES, AMMUNITION & RESTRICTED ITEMS
All firearms, receivers, serialized items, magazines, ammunition, and regulated products are sold only where lawful and in accordance with all applicable laws and regulations.
It is the customer’s sole responsibility to know and comply with all laws in their city, county, state, and jurisdiction before placing an order.
Information provided by Empire State Firearms regarding laws, transfers, product legality, or compliance is general information only and should not be considered legal advice. Customers remain solely responsible for confirming current laws in their jurisdiction.
Empire State Firearms reserves the right to cancel any order that may violate law, cannot be completed legally, or presents compliance concerns.
Empire State Firearms will refuse any transaction suspected to involve a straw purchase or unlawful third-party acquisition.
Some products may require compliance modifications, magazine substitutions, or cancellation depending on destination laws. Additional charges may apply where lawful.
Certain products may be restricted from export or shipment outside the United States. Empire State Firearms reserves the right to refuse any transaction involving prohibited export activity.
2. FIREARM TRANSFERS / FFL SHIPMENTS
Firearms and serialized items cannot be shipped directly to non-licensees unless otherwise permitted by law. Firearms purchased online must be:
- Picked up at Empire State Firearms where lawful, or
- Shipped to a valid Federal Firearms Licensee (FFL) selected by the customer.
The customer is solely responsible for selecting a receiving FFL that will accept the transfer and transfer the item under local law.
Empire State Firearms may delay shipment until FFL credentials are verified.
If a receiving dealer refuses delivery, refuses transfer, closes, cannot be contacted, or returns the item, all actual shipping, return shipping, handling, and applicable restocking charges may be deducted from any refund to the fullest extent permitted by law.
Firearms shipped to Empire State Firearms for customer transfer should be picked up promptly after notice of arrival. Items not transferred within 30 days may incur storage fees where lawful.
Transfer fees, processing fees, and administrative fees are non-refundable once services have been performed.
3. BACKGROUND CHECK DENIALS / DELAYS / REFUSED TRANSFERS
Background checks are conducted by the appropriate authorities, not Empire State Firearms.
Empire State Firearms has no control over background check processing times, delays, denials, or government system outages.
If a customer is denied, delayed indefinitely, refuses transfer, fails to appear, or becomes ineligible, Empire State Firearms is not responsible for transfer denial outcomes.
If the item can legally be returned, any refund may be reduced by actual shipping costs, return shipping costs, transfer processing costs, payment processing costs where lawful, and applicable restocking fees.
4. ORDERS, PRICING & INVENTORY
Inventory availability is not guaranteed until an order is accepted and processed.
Occasional pricing, description, image, mapping, or inventory errors may occur. Empire State Firearms reserves the right to correct any error and cancel or refuse any order placed under an incorrect price or availability listing.
If payment has already been made, any approved refund will be issued to the original payment method when feasible.
Product photos may be stock images. Colors, finishes, included accessories, packaging, and configurations may vary due to manufacturer production changes.
Published specifications such as capacity, barrel length, finish, optic cuts, included magazines, and accessories may change without notice by the manufacturer.
5. ORDER VERIFICATION / FRAUD PREVENTION
Empire State Firearms reserves the right to request identification, billing verification, address verification, or additional documentation before shipment.
Orders suspected of fraud, chargeback abuse, identity misuse, reshipping schemes, straw purchase activity, or suspicious conduct may be delayed, canceled, or reported where appropriate.
Customers agree to make a good-faith attempt to resolve any issue directly with Empire State Firearms before initiating a payment dispute.
Any chargeback filed without first contacting Empire State Firearms to attempt resolution may be contested using available order, shipment, payment, and communication records.
6. CANCELLATIONS
Orders already processed, allocated, packed, shipped, special ordered, distributor ordered, or requiring administrative labor may be subject to cancellation, processing, or restocking charges to the fullest extent permitted by law.
Special orders and custom orders may be non-cancelable once placed.
7. RETURNS
All firearm sales are final once transferred to the customer, except where otherwise required by law.
Ammunition, optics mounted or used, consumables, opened parts, used items, and special-order items are generally non-returnable.
Approved non-firearm returns must be unused, in original packaging, and received within 7 days of delivery unless otherwise stated.
Returned items showing use, damage, missing components, or altered packaging may be refused or subject to reduced refund.
8. SHIPPING
Estimated shipping times are estimates only and not guarantees.
Carrier delays, weather, compliance holds, distributor delays, lost packages, and force majeure events may affect delivery times.
Risk of loss passes according to applicable law and carrier handling rules. Signature may be required.
Customers must report missing, damaged, or incorrect shipments within 3 business days of delivery confirmation.
9. AMMUNITION SALES
Ammunition sales are subject to all applicable age, eligibility, and location restrictions.
The customer is solely responsible for purchasing the correct ammunition for their firearm.
All ammunition sales are final except where required by law.
10. USED FIREARMS / CONSIGNMENTS
Used firearms and consignment items may show wear and are sold as-is unless expressly stated otherwise, subject to any rights required by law.
Customers should inspect used firearms before accepting transfer.
Used firearms should be inspected and maintained by a qualified gunsmith before use. Empire State Firearms recommends a proper safety inspection prior to firing any used firearm.
11. STORAGE / ABANDONED ITEMS
Transferred firearms, layaways, repaired items, consignment payouts, or customer property not claimed within 30 days after notice may incur storage fees where lawful.
Items unclaimed after 90 days and multiple contact attempts may be handled as permitted by applicable law.
12. WARRANTIES
Most new products carry manufacturer warranties, if any. Warranty service is typically handled by the manufacturer.
Empire State Firearms does not provide additional warranties unless expressly stated in writing.
13. SAFE HANDLING NOTICE
Firearms and related products must be handled, stored, transported, and used safely and lawfully. Always follow manufacturer instructions and all firearm safety rules.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Empire State Firearms shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from website use, delayed shipment, misuse of products, third-party carrier issues, manufacturer defects, or inability to complete a transfer.
Nothing in these terms excludes liability that cannot legally be excluded.
15. CUSTOMER REPRESENTATIONS
By placing an order, the customer represents that they are legally eligible to purchase the items ordered, are the actual intended purchaser, and are not attempting any unlawful or prohibited transaction.
16. WEBSITE USE
All content, images, branding, logos, text, and materials on this website are the property of Empire State Firearms or respective rights holders and may not be copied or used without permission.
Unauthorized use, scraping, fraudulent account creation, abuse, or interference with the website may result in blocked access and legal action where appropriate.
17. PRIVACY
Customer information may be collected to process orders, verify transactions, comply with legal obligations, improve website functionality, and communicate regarding purchases.
Information may be shared with payment processors, carriers, technology providers, compliance services, and governmental authorities where required by law.
By placing an order, customers consent to receive transactional emails, calls, or text messages related to orders, transfers, delivery, fraud verification, or service updates.
Sales tax may be collected where required by law based on shipping destination, pickup location, or applicable tax nexus rules.
18. GOVERNING LAW & VENUE
These policies shall be governed by the laws of the State of New York, without regard to conflict of law principles, except where federal law controls.
Any permitted legal action relating to these terms shall be brought in a court of competent jurisdiction located in Suffolk County, New York, unless otherwise required by law.
19. ATTORNEY FEES
In any action brought to enforce these terms, the prevailing party may seek reasonable attorney fees and costs where permitted by law.
20. POLICY CHANGES
Empire State Firearms reserves the right to update these policies at any time without prior notice. Updated terms apply upon posting.
Empire State Firearms is a licensed firearms dealer and complies with all applicable federal, state, and local laws.