-  This bill is not active in this session.
 

A02690 Summary:

BILL NOA02690
 
SAME ASSAME AS S02374
 
SPONSORPaulin
 
COSPNSRLentol, Heastie, Dinowitz, Galef, Gottfried, Mosley, Simon, Jaffee, Blake, Buchwald, Abinanti, Otis, Steck, Fahy, Taylor, D'Urso, Simotas, Ortiz, Englebright, Weprin, Hevesi, Perry, Seawright, Bichotte, Cruz, Frontus, Griffin, Jacobson, Pichardo, Reyes, Sayegh, Stern, Rosenthal D, Braunstein, Ramos, Zebrowski, Epstein, Colton, Hyndman, Arroyo, Cook, Rosenthal L, Niou
 
MLTSPNSR
 
Amd 400.00, add 400.20, Pen L; amd 897 & 898, Gen Bus L
 
Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person; requires either the National Instant Criminal Background Check System (NICS) or its successor has issued a "proceed" response to the licensee, or thirty calendar days have elapsed since the date the licensee, seller, transferor or dealer contacted NICS to initiate a national instant criminal background check and NICS has not notified the licensee, seller, transferor or dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.
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A02690 Actions:

BILL NOA02690
 
01/24/2019referred to codes
01/28/2019reported referred to rules
01/28/2019reported
01/28/2019rules report cal.25
01/28/2019ordered to third reading rules cal.25
01/29/2019substituted by s2374
 S02374 AMEND= GIANARIS
 01/24/2019REFERRED TO CODES
 01/28/2019REPORTED AND COMMITTED TO RULES
 01/28/2019ORDERED TO THIRD READING CAL.89
 01/29/2019PASSED SENATE
 01/29/2019DELIVERED TO ASSEMBLY
 01/29/2019referred to codes
 01/29/2019substituted for a2690
 01/29/2019ordered to third reading rules cal.25
 01/29/2019passed assembly
 01/29/2019returned to senate
 07/29/2019DELIVERED TO GOVERNOR
 07/29/2019SIGNED CHAP.129
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A02690 Committee Votes:

CODES Chair:Lentol DATE:01/28/2019AYE/NAY:15/7 Action: Favorable refer to committee Rules
LentolAyeRaNay
SchimmingerNayGiglioNay
PretlowAyeMontesanoNay
CookAyeMorinelloNay
CymbrowitzAyePalumboNay
O'DonnellAyeGarbarinoNay
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

RULES Chair:Heastie DATE:01/28/2019AYE/NAY:26/3 Action: Favorable
HeastieAyeKolbNay
GottfriedAyeCrouchNay
LentolAyeFinchExcused
GanttExcusedBarclayAye
NolanAyeRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisNay
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

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A02690 Floor Votes:

There are no votes for this bill in this legislative session.
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A02690 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2690
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the penal law and the general business law, in relation to establishing an extension of time of up to thirty calendar days for national instant background checks   PURPOSE: To establish an extension of time of up to thirty calendar days for national instant background checks   SUMMARY OF PROVISIONS: Section one amends subdivision 12 of section 400.00 of the penal law, as amended by chapter 1 of the laws of 2013, to provide that before deliv- ering a firearm to any person, the licensed gun dealer shall in addition to requiring such person to produce either a license valid under this section to carry or possess the same, or proof of lawful authority as an exempt person pursuant to section 265.20, either (i) the National Instant Criminal Background Check System or its successor (NICS) has issued a "proceed" response to the licensee, or (ii) thirty calendar days have elapsed since the date the licensee contacted NICS to initiate a national instant criminal background check and NICS has not notified the licensee that the transfer of the firearm to such person should be denied. Section two amends the penal law by adding a new section 400.20 to provide that when a national instant criminal background check is required pursuant to state or federal law to be conducted through NICS in connection with the sale or transfer of a rifle or shotgun to any person, before delivering a rifle or shotgun to such person, either (i) NICS has issued a "proceed" response to the seller or transferor, or (ii) thirty calendar days shall have elapsed since the date the seller or transferor contacted NICS to initiate a national instant criminal background check and NICS has not notified the seller or transferor that the transfer of the rifle or shotgun to such person should be denied. Section three amends subdivision 1 of section 897 of the general busi- ness law, as added by chapter 189 of the laws of 2000, to provide that before delivering a firearm, rifle or shotgun to any person, either (i) NICS has issued a "proceed" response to the seller or transferor, or (ii) thirty calendar days shall have elapsed since the date the seller or transferor contacted NICS to initiate a national instant criminal background check and NICS has not notified the seller or transferor that the transfer of the firearm, rifle or shotgun to such person should be denied. Section four amends subdivisions 1 and 2 of section 898 of the general business law, as added by chapter 1 of the laws of 2013, to provide that when a sale, exchange or disposal is conducted pursuant to a person's federal firearms license, before delivering a firearm, rifle or shotgun to any person, either (i) NICS has issued a "proceed" response to the federal firearms licensee, or (ii) thirty calendar days shall have elapsed since the date the federal firearms licensee contacted NICS to initiate a national instant criminal background check and NICS has not notified the federal firearms licensee that the transfer of the firearm, rifle or shotgun to such person should be denied. In addition, the section provides that before a dealer who consents to conduct a national instant criminal background check delivers a firearm, rifle or shotgun to any person, either (i) NICS has issued a "proceed" response to the dealer, or (ii) thirty calendar days shall have elapsed since the date the dealer contacted NICS to initiate a national instant criminal back- ground check and NICS has not notified the dealer that the transfer of the firearm, rifle or shotgun to such person should be denied. Section five provides the effective date.   JUSTIFICATION: Guns have destroyed 39,773 lives across the United States in 2017, according to sobering statistics recently released by the Centers for Disease Control and Prevention. As a leader in curbing gun violence, New York State must act to address this public health crisis. One potential- ly deadly loophole in our intricate gun protection laws is known as the "default-proceed" loophole or the "Charleston Loophole," after shooter Dylann Roof legally purchased a firearm despite an inconclusive back- ground check and then proceeded to murder nine innocent people in a Charleston, South Carolina church. The loophole can be prevented by passing the measure set forth in this bill by creating an extension of time for national instant background checks from three days to up to thirty calendar days where a federal background check produces inconclu- sive results. New York must extend the duration of time available to conduct back- ground checks when necessary. Currently, national instant background checks are mandated by the federal law 18 USC 922, pursuant to which federal firearm licensees must wait up to three business days to receive a result, which can be "proceed," "deny" or "delay." Most background checks return a quick result of either "proceed" or "deny," but in approximately 8-11 percent of cases, law enforcement requires more time than the three days allotted to conduct accurate background checks and will issue a "delay" result. At that point, under federal law, it is within the discretion of the federal firearms licensee to complete a sale and transfer a weapon, although state law can increase the time period. The Federal Bureau of Investigation ("FBI") National Instant Criminal Background Check System ("NICS") section will continue to keep the delayed background check open for up to 88 days. It has been estimated that over 300,000 firearms may have been trans- ferred in 2016 even though the results of a national instant background check were not sufficient to affirmatively approve the purchaser. A number of states, including California, Colorado, Pennsylvania and Dela- ware, have extended the time for background check results where there is a "delay" response. Reasons for a "delay" response may include incom- plete records, ongoing court proceedings, or inconsistent information. Another concern that can be addressed by extending the time for back- ground checks is giving the FBI more time to keep guns out of the hands of terrorists. There is currently no law to prevent known or suspected terrorists from buying a firearm. Since 2004, more than 2,000 guns were purchased by individuals on the Terror Watch List. Discussions with NICS section personnel at the FBI revealed that New York can take one simple step to address this unacceptable flaw, which is to give addi- tional time to law enforcement to determine an acceptable basis for denial to a terrorist. This is especially critical because the FBI is not authorized to reveal that the proposed purchaser is on the Terror Watch List. A 2016 United States Government Accounting Office report stated that in cases of domestic violence, it takes the FBI over 7 business days to complete 90 percent of checks in cases of misdemeanor crimes of domestic violence. The report also showed that three percent of denials in those domestic violence cases took over 21 days. The extra time is explained by reporting differences between states. The GAO report states, "Accord- ing to FBI data, more than 500 firearms were transferred to individuals with prohibiting   misdemeanor crime of domestic violence records or prohibiting protection orders each year from fiscal years 2006 through 2015 - about 6,700 total transfers - because the FBI denial determi- nation was made after three business days, which resulted in the FBI referring these cases to the ATF for firearm retrieval." In conclusion, the measure in this legislation will help keep New York- ers safer. It is incumbent upon the Legislature to act and to correct this potentially deadly loophole. Background checks must be thorough and accurate to avoid mistakes. We need to prevent disqualified purchasers from utilizing this loophole by eradicating it, before it is too late.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect on the forty fifth day after it shall have become a law.
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A02690 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2690
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 24, 2019
                                       ___________
 
        Introduced  by  M. of A. PAULIN, LENTOL, HEASTIE, DINOWITZ, GALEF, GOTT-
          FRIED, MOSLEY, SIMON, JAFFEE, BLAKE, BUCHWALD, ABINANTI, OTIS,  STECK,
          FAHY,  TAYLOR,  D'URSO,  SIMOTAS,  ORTIZ, ENGLEBRIGHT, WEPRIN, HEVESI,
          PERRY, SEAWRIGHT, BICHOTTE, CRUZ, FRONTUS, GRIFFIN, JACOBSON,  PICHAR-
          DO, REYES, SAYEGH, STERN -- read once and referred to the Committee on
          Codes
 
        AN  ACT to amend the penal law and the general business law, in relation
          to establishing an extension of time of up to thirty calendar days for
          national instant background checks
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  12  of  section  400.00 of the penal law, as
     2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     3    12. Records required of gunsmiths and dealers in firearms. Any  person
     4  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
     5  approved as to form, except in the city of New York, by the  superinten-
     6  dent of state police. In the record book shall be entered at the time of
     7  every  transaction  involving  a firearm the date, name, age, occupation
     8  and residence of any person from whom a firearm is received or to whom a
     9  firearm is delivered, and the calibre, make, model, manufacturer's  name
    10  and  serial number, or if none, any other distinguishing number or iden-
    11  tification mark on such firearm. Before  delivering  a  firearm  to  any
    12  person, the licensee shall require him to produce either a license valid
    13  under  this  section  to  carry  or possess the same, or proof of lawful
    14  authority as an exempt person pursuant to section 265.20 of this chapter
    15  and either (a) the National Instant  Criminal  Background  Check  System
    16  (NICS) or its successor has issued a "proceed" response to the licensee,
    17  or  (b)  thirty  calendar  days have elapsed since the date the licensee
    18  contacted NICS to initiate a national instant criminal background  check
    19  and  NICS has not notified the licensee that the transfer of the firearm
    20  to such person should be denied.    In  addition,  before  delivering  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00627-05-9

        A. 2690                             2
 
     1  firearm  to  a  peace  officer,  the licensee shall verify that person's
     2  status as a peace officer with  the  division  of  state  police.  After
     3  completing  the  foregoing,  the  licensee  shall  remove and retain the
     4  attached  coupon  and enter in the record book the date of such license,
     5  number, if any, and name of the licensing officer, in the  case  of  the
     6  holder  of a license to carry or possess, or the shield or other number,
     7  if any, assignment and department, unit or agency, in  the  case  of  an
     8  exempt person. The original transaction report shall be forwarded to the
     9  division  of state police within ten days of delivering a firearm to any
    10  person, and a duplicate copy shall be kept by the licensee.  The  super-
    11  intendent  of  state  police  may  designate  that  such record shall be
    12  completed and transmitted in electronic form. A dealer may be granted  a
    13  waiver  from  transmitting such records in electronic form if the super-
    14  intendent determines that such dealer is incapable of such  transmission
    15  due  to  technological  limitations  that  are not reasonably within the
    16  control of the dealer, or other exceptional  circumstances  demonstrated
    17  by  the  dealer, pursuant to a process established in regulation, and at
    18  the discretion of the superintendent. Records assembled or collected for
    19  purposes of inclusion in the database created pursuant to section 400.02
    20  of this article shall not be subject to disclosure pursuant  to  article
    21  six  of  the public officers law. The record book shall be maintained on
    22  the premises mentioned and described in the license and shall be open at
    23  all reasonable hours for inspection by any peace officer, acting  pursu-
    24  ant  to his special duties, or police officer. In the event of cancella-
    25  tion or revocation of the license for gunsmith or dealer in firearms, or
    26  discontinuance of business by a licensee,  such  record  book  shall  be
    27  immediately  surrendered  to  the  licensing  officer in the city of New
    28  York, and in the counties of Nassau and Suffolk, and  elsewhere  in  the
    29  state to the executive department, division of state police.
    30    §  2.  The penal law is amended by adding a new section 400.20 to read
    31  as follows:
    32  § 400.20 Waiting period in connection with the sale  or  transfer  of  a
    33             rifle or shotgun.
    34    When a national instant criminal background check is required pursuant
    35  to  state  or  federal  law to be conducted through the National Instant
    36  Criminal Background Check System (NICS) or its successor  in  connection
    37  with  the  sale  or transfer of a rifle or shotgun to any person, before
    38  delivering a rifle or shotgun to such person, either (a) NICS has issued
    39  a "proceed" response to the seller or transferor, or (b) thirty calendar
    40  days shall  have  elapsed  since  the  date  the  seller  or  transferor
    41  contacted  NICS to initiate a national instant criminal background check
    42  and NICS has not notified the seller or transferor that the transfer  of
    43  the rifle or shotgun to such person should be denied.
    44    §  3.  Subdivision  1  of  section 897 of the general business law, as
    45  added by chapter 189 of the laws of 2000, is amended to read as follows:
    46    1. A national instant criminal background check shall be conducted and
    47  no person shall sell or transfer a firearm, rifle or shotgun  at  a  gun
    48  show,  except  in  accordance  with  the provisions of 18 U.S.C. 922(t),
    49  provided that before delivering a  firearm,  rifle  or  shotgun  to  any
    50  person, either (a) the National Instant Criminal Background Check System
    51  (NICS) or its successor has issued a "proceed" response to the seller or
    52  transferor,  or  (b)  thirty  calendar days shall have elapsed since the
    53  date the seller or transferor contacted  NICS  to  initiate  a  national
    54  instant  criminal  background check and NICS has not notified the seller
    55  or transferor that the transfer of the firearm, rifle or shotgun to such
    56  person should be denied.

        A. 2690                             3
 
     1    § 4. Subdivisions 1 and 2 of section 898 of the general business  law,
     2  as  added  by  chapter  1  of  the  laws of 2013, are amended to read as
     3  follows:
     4    1.  In addition to any other requirements pursuant to state and feder-
     5  al  law,  all sales, exchanges or disposals of firearms, rifles or shot-
     6  guns shall be conducted in accordance  with  this  section  unless  such
     7  sale, exchange or disposal is conducted by a licensed importer, licensed
     8  manufacturer  or licensed dealer, as those terms are defined in 18 USC §
     9  922, when such sale, exchange or disposal is conducted pursuant to  that
    10  person's  federal firearms license or such sale, exchange or disposal is
    11  between members of  an  immediate  family.  When  a  sale,  exchange  or
    12  disposal  is  conducted pursuant to a person's federal firearms license,
    13  before delivering a firearm, rifle or shotgun to any person, either  (a)
    14  the  National  Instant  Criminal  Background  Check System (NICS) or its
    15  successor has issued a "proceed" response to the federal firearms licen-
    16  see, or (b) thirty calendar days shall have elapsed since the  date  the
    17  federal  firearms licensee contacted NICS to initiate a national instant
    18  criminal background check and NICS has not notified the federal firearms
    19  licensee that the transfer of the firearm,  rifle  or  shotgun  to  such
    20  person should be denied.  For purposes of this section, "immediate fami-
    21  ly" shall mean spouses, domestic partners, children and step-children.
    22    2.  Before  any sale, exchange or disposal pursuant to this article, a
    23  national instant criminal background check must be completed by a dealer
    24  who consents to conduct such check, and upon completion  of  such  back-
    25  ground  check,  shall  complete  a  document, the form of which shall be
    26  approved by the superintendent of  state  police,  that  identifies  and
    27  confirms that such check was performed.  Before a dealer who consents to
    28  conduct a national instant criminal background check delivers a firearm,
    29  rifle  or  shotgun  to  any  person,  either (a) NICS issued a "proceed"
    30  response to the dealer, or (b) thirty calendar days shall  have  elapsed
    31  since  the date the dealer contacted NICS to initiate a national instant
    32  criminal background check and NICS has not notified the dealer that  the
    33  transfer  of  the  firearm,  rifle  or  shotgun to such person should be
    34  denied.
    35    § 5. This act shall take effect on the forty-fifth day after it  shall
    36  have become a law.
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