S07650 Summary:

Rpld 400.02 sub 2, Pen L; amd 228, rpld 228 sub 5, sub 6 c, Exec L; rpld 99-pp, St Fin L
Removes ammunition and ammunition sales from the requirements of background checks; repeals certain provisions of law relating thereto; repeals the background check fund.
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S07650 Actions:

09/20/2023PRINT NUMBER 7650A
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S07650 Committee Votes:

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S07650 Floor Votes:

There are no votes for this bill in this legislative session.
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S07650 Memo:

Memo not available
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S07650 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                   September 11, 2023
        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the executive law, in relation to national instant crim-
          inal  background checks; and to repeal certain provisions of the penal
          law, the executive law and the state finance law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  2  of  section  400.02  of  the penal law is
     2  REPEALED.
     3    § 2. Subdivisions 1, 2, 3 and 4 of section 228 of the  executive  law,
     4  as  added  by  chapter  371  of the laws of 2022, are amended to read as
     5  follows:
     6    1. (a) The division is hereby authorized and directed to  serve  as  a
     7  state point of contact for implementation of 18 U.S.C. sec. 922 (t), all
     8  federal  regulations and applicable guidelines adopted pursuant thereto,
     9  and the national  instant  criminal  background  check  system  for  the
    10  purchase of firearms [and ammunition].
    11    (b)  Upon  receiving  a  request  from  a  licensed dealer pursuant to
    12  section eight hundred ninety-six or eight hundred  ninety-eight  of  the
    13  general  business law, the division shall initiate a background check by
    14  (i) contacting the National Instant  Criminal  Background  Check  System
    15  (NICS)  or  its  successor to initiate a national instant criminal back-
    16  ground check, and (ii) consulting the  statewide  firearms  license  and
    17  records  database  established  pursuant  to  subdivision  three of this
    18  section, in order to determine if the purchaser is a person described in
    19  sections 400.00 and 400.03 of the penal law, or is prohibited  by  state
    20  or  federal  law  from  possessing,  receiving,  owning, or purchasing a
    21  firearm [or ammunition].
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7650--A                          2
     1    2. (a) The division shall report the name, date of birth and  physical
     2  description  of any person prohibited from possessing a firearm pursuant
     3  to 18 U.S.C. sec. 922(g) or (n) to the national instant  criminal  back-
     4  ground check system index, denied persons files.
     5    (b)  Information provided pursuant to this section shall remain privi-
     6  leged and confidential, and shall  not  be  disclosed,  except  for  the
     7  purpose  of  enforcing  federal  or  state law regarding the purchase of
     8  firearms [or ammunition].
     9    (c) Any background check  conducted  by  the  division,  or  delegated
    10  authority,  of any applicant for a permit, firearms identification card,
    11  license, [ammunition sale,] or  registration,  in  accordance  with  the
    12  requirements of section 400.00 of the penal law, shall not be considered
    13  a  public record and shall not be disclosed to any person not authorized
    14  by law or this chapter to have access to such background check,  includ-
    15  ing the applicant. Any application for a permit, firearms identification
    16  card,  [ammunition  sale,]  or  license, and any document reflecting the
    17  issuance or denial of such  permit,  firearms  identification  card,  or
    18  license,  and any permit, firearms identification card, license, certif-
    19  ication, certificate, form of register, or registration statement, main-
    20  tained by any state or  municipal  governmental  agency,  shall  not  be
    21  considered  a public record and shall not be disclosed to any person not
    22  authorized by law to have access to such  documentation,  including  the
    23  applicant, except on the request of persons acting in their governmental
    24  capacities for purposes of the administration of justice.
    25    3. The division shall create and maintain a statewide firearms license
    26  and  records  database  which shall contain records held by the division
    27  and any records that it is authorized to request from  the  division  of
    28  criminal  justice  services,  office  of  court administration, New York
    29  state department of health, New York state office of mental health,  and
    30  other  local entities. Such database shall be used for the certification
    31  and recertification of firearm permits under section 400.02 of the penal
    32  law, and assault weapon  registration  under  subdivision  sixteen-a  of
    33  section  400.00  of  the  penal law[, and ammunition sales under section
    34  400.03 of the penal law]. Such database shall also be used to initiate a
    35  national instant criminal background check pursuant to  subdivision  one
    36  of  this  section  upon request from a licensed dealer. The division may
    37  create and maintain additional databases as  needed  to  complete  back-
    38  ground checks pursuant to the requirements of this section.  The cost of
    39  any  database  or databases created shall be borne entirely by the state
    40  and shall not be passed on to consumers or retailers in the form of  new
    41  fees or additional taxes.
    42    4. The superintendent shall promulgate a plan to coordinate background
    43  checks  for  firearm [and ammunition] purchases pursuant to this section
    44  and to require any person, firm or corporation that sells,  delivers  or
    45  otherwise  transfers  any firearm [or ammunition] to submit a request to
    46  the division in order to complete the background  checks  in  compliance
    47  with  federal  and  state  law,  including the National Instant Criminal
    48  Background Check System (NICS), in  New  York  state.  Such  plan  shall
    49  include, but shall not be limited to, the following features:
    50    (a)  The  creation  of  a  centralized  bureau  within the division to
    51  receive and process all background check requests, which shall include a
    52  contact center unit and an appeals unit. Staff may include  but  is  not
    53  limited  to:  bureau  chief,  supervisors, managers, different levels of
    54  administrative analysts, appeals specialists and administrative  person-
    55  nel.  The  division  shall employ and train such personnel to administer
    56  the provisions of this section.   The costs of  creating  a  centralized

        S. 7650--A                          3
     1  bureau  within  the  division  shall  be borne entirely by the state and
     2  shall not be passed on to consumers or retailers in the form of new fees
     3  or additional taxes.
     4    (b) Procedures for carrying out the duties under this section, includ-
     5  ing hours of operation.
     6    (c)  An  automated  phone  system  and  web-based  application system,
     7  including a toll-free  telephone  number  and/or  web-based  application
     8  option for any licensed dealer requesting a background check in order to
     9  sell, deliver or otherwise transfer a firearm which shall be operational
    10  every  day  that  the  bureau  is  open  for business for the purpose of
    11  responding to requests in accordance with this section.
    12    § 3. Subdivision 5 of section 228 of the executive law is REPEALED.
    13    § 4. Paragraph c of subdivision 6 of section 228 of the executive  law
    14  is REPEALED.
    15    §  5.  Section 99-pp of the state finance law, as added by chapter 371
    16  of the laws of 2022,  is REPEALED.
    17    § 6. This act shall take effect immediately.
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