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S02374 Summary:

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S02374 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2374
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2019
                                       ___________
 
        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed 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
    21  firearm to a peace officer, the  licensee  shall  verify  that  person's
    22  status  as  a  peace  officer  with  the division of state police. After
    23  completing the foregoing, the  licensee  shall  remove  and  retain  the
    24  attached  coupon  and enter in the record book the date of such license,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00627-05-9
        S. 2374                             2
 
     1  number, if any, and name of the licensing officer, in the  case  of  the
     2  holder  of a license to carry or possess, or the shield or other number,
     3  if any, assignment and department, unit or agency, in  the  case  of  an
     4  exempt person. The original transaction report shall be forwarded to the
     5  division  of state police within ten days of delivering a firearm to any
     6  person, and a duplicate copy shall be kept by the licensee.  The  super-
     7  intendent  of  state  police  may  designate  that  such record shall be
     8  completed and transmitted in electronic form. A dealer may be granted  a
     9  waiver  from  transmitting such records in electronic form if the super-
    10  intendent determines that such dealer is incapable of such  transmission
    11  due  to  technological  limitations  that  are not reasonably within the
    12  control of the dealer, or other exceptional  circumstances  demonstrated
    13  by  the  dealer, pursuant to a process established in regulation, and at
    14  the discretion of the superintendent. Records assembled or collected for
    15  purposes of inclusion in the database created pursuant to section 400.02
    16  of this article shall not be subject to disclosure pursuant  to  article
    17  six  of  the public officers law. The record book shall be maintained on
    18  the premises mentioned and described in the license and shall be open at
    19  all reasonable hours for inspection by any peace officer, acting  pursu-
    20  ant  to his special duties, or police officer. In the event of cancella-
    21  tion or revocation of the license for gunsmith or dealer in firearms, or
    22  discontinuance of business by a licensee,  such  record  book  shall  be
    23  immediately  surrendered  to  the  licensing  officer in the city of New
    24  York, and in the counties of Nassau and Suffolk, and  elsewhere  in  the
    25  state to the executive department, division of state police.
    26    §  2.  The penal law is amended by adding a new section 400.20 to read
    27  as follows:
    28  § 400.20 Waiting period in connection with the sale  or  transfer  of  a
    29             rifle or shotgun.
    30    When a national instant criminal background check is required pursuant
    31  to  state  or  federal  law to be conducted through the National Instant
    32  Criminal Background Check System (NICS) or its successor  in  connection
    33  with  the  sale  or transfer of a rifle or shotgun to any person, before
    34  delivering a rifle or shotgun to such person, either (a) NICS has issued
    35  a "proceed" response to the seller or transferor, or (b) thirty calendar
    36  days shall  have  elapsed  since  the  date  the  seller  or  transferor
    37  contacted  NICS to initiate a national instant criminal background check
    38  and NICS has not notified the seller or transferor that the transfer  of
    39  the rifle or shotgun to such person should be denied.
    40    §  3.  Subdivision  1  of  section 897 of the general business law, as
    41  added by chapter 189 of the laws of 2000, is amended to read as follows:
    42    1. A national instant criminal background check shall be conducted and
    43  no person shall sell or transfer a firearm, rifle or shotgun  at  a  gun
    44  show,  except  in  accordance  with  the provisions of 18 U.S.C. 922(t),
    45  provided that before delivering a  firearm,  rifle  or  shotgun  to  any
    46  person, either (a) the National Instant Criminal Background Check System
    47  (NICS) or its successor has issued a "proceed" response to the seller or
    48  transferor,  or  (b)  thirty  calendar days shall have elapsed since the
    49  date the seller or transferor contacted  NICS  to  initiate  a  national
    50  instant  criminal  background check and NICS has not notified the seller
    51  or transferor that the transfer of the firearm, rifle or shotgun to such
    52  person should be denied.
    53    § 4. Subdivisions 1 and 2 of section 898 of the general business  law,
    54  as  added  by  chapter  1  of  the  laws of 2013, are amended to read as
    55  follows:
        S. 2374                             3
 
     1    1.  In addition to any other requirements pursuant to state and feder-
     2  al law, all sales, exchanges or disposals of firearms, rifles  or  shot-
     3  guns  shall  be  conducted  in  accordance with this section unless such
     4  sale, exchange or disposal is conducted by a licensed importer, licensed
     5  manufacturer  or licensed dealer, as those terms are defined in 18 USC §
     6  922, when such sale, exchange or disposal is conducted pursuant to  that
     7  person's  federal firearms license or such sale, exchange or disposal is
     8  between members of  an  immediate  family.  When  a  sale,  exchange  or
     9  disposal  is  conducted pursuant to a person's federal firearms license,
    10  before delivering a firearm, rifle or shotgun to any person, either  (a)
    11  the  National  Instant  Criminal  Background  Check System (NICS) or its
    12  successor has issued a "proceed" response to the federal firearms licen-
    13  see, or (b) thirty calendar days shall have elapsed since the  date  the
    14  federal  firearms licensee contacted NICS to initiate a national instant
    15  criminal background check and NICS has not notified the federal firearms
    16  licensee that the transfer of the firearm,  rifle  or  shotgun  to  such
    17  person should be denied.  For purposes of this section, "immediate fami-
    18  ly" shall mean spouses, domestic partners, children and step-children.
    19    2.  Before  any sale, exchange or disposal pursuant to this article, a
    20  national instant criminal background check must be completed by a dealer
    21  who consents to conduct such check, and upon completion  of  such  back-
    22  ground  check,  shall  complete  a  document, the form of which shall be
    23  approved by the superintendent of  state  police,  that  identifies  and
    24  confirms that such check was performed.  Before a dealer who consents to
    25  conduct a national instant criminal background check delivers a firearm,
    26  rifle  or  shotgun  to  any  person,  either (a) NICS issued a "proceed"
    27  response to the dealer, or (b) thirty calendar days shall  have  elapsed
    28  since  the date the dealer contacted NICS to initiate a national instant
    29  criminal background check and NICS has not notified the dealer that  the
    30  transfer  of  the  firearm,  rifle  or  shotgun to such person should be
    31  denied.
    32    § 5. This act shall take effect on the forty-fifth day after it  shall
    33  have become a law.