Amd §§400.00 & 400.20, Pen L; amd §§897 & 898, Gen Bus L
Establishes a ten business day waiting period from contact of the National Instant Criminal Background Check System (NICS) before a firearm, shotgun or rifle may be delivered to a person.
STATE OF NEW YORK
________________________________________________________________________
449--A
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. PAULIN, DINOWITZ, GALEF, DICKENS, ABINANTI,
SEAWRIGHT, GOTTFRIED, L. ROSENTHAL, ENGLEBRIGHT, ZINERMAN -- read once
and referred to the Committee on Codes -- recommitted to the Committee
on Codes in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the penal law and the general business law, in relation
to establishing a waiting period before a firearm, shotgun or rifle
may be delivered to a person
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 129 of the laws of 2019, is amended to read as
3 follows:
4 12. Records required of gunsmiths and dealers in firearms. Any person
5 licensed as gunsmith or dealer in firearms shall keep a record book
6 approved as to form, except in the city of New York, by the superinten-
7 dent of state police. In the record book shall be entered at the time of
8 every transaction involving a firearm the date, name, age, occupation
9 and residence of any person from whom a firearm is received or to whom a
10 firearm is delivered, and the calibre, make, model, manufacturer's name
11 and serial number, or if none, any other distinguishing number or iden-
12 tification mark on such firearm. Before delivering a firearm to any
13 person, the licensee shall require him to produce either a license valid
14 under this section to carry or possess the same, or proof of lawful
15 authority as an exempt person pursuant to section 265.20 of this chapter
16 and [either (a) the National Instant Criminal Background Check System
17 (NICS) or its successor has issued a "proceed" response to the licensee,
18 or (b) thirty calendar] ten business days have elapsed since the date
19 the licensee contacted [NICS] the National Instant Criminal Background
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01959-02-2
A. 449--A 2
1 Check System (NICS) or its successor to initiate a national instant
2 criminal background check [and NICS has not notified the licensee that
3 the transfer of the firearm to such person should be denied]. In addi-
4 tion, before delivering a firearm to a peace officer, the licensee shall
5 verify that person's status as a peace officer with the division of
6 state police. After completing the foregoing, the licensee shall remove
7 and retain the attached coupon and enter in the record book the date of
8 such license, number, if any, and name of the licensing officer, in the
9 case of the holder of a license to carry or possess, or the shield or
10 other number, if any, assignment and department, unit or agency, in the
11 case of an exempt person. The original transaction report shall be
12 forwarded to the division of state police within ten days of delivering
13 a firearm to any person, and a duplicate copy shall be kept by the
14 licensee. The superintendent of state police may designate that such
15 record shall be completed and transmitted in electronic form. A dealer
16 may be granted a waiver from transmitting such records in electronic
17 form if the superintendent determines that such dealer is incapable of
18 such transmission due to technological limitations that are not reason-
19 ably within the control of the dealer, or other exceptional circum-
20 stances demonstrated by the dealer, pursuant to a process established in
21 regulation, and at the discretion of the superintendent. Records assem-
22 bled or collected for purposes of inclusion in the database created
23 pursuant to section 400.02 of this article shall not be subject to
24 disclosure pursuant to article six of the public officers law. The
25 record book shall be maintained on the premises mentioned and described
26 in the license and shall be open at all reasonable hours for inspection
27 by any peace officer, acting pursuant to his special duties, or police
28 officer. In the event of cancellation or revocation of the license for
29 gunsmith or dealer in firearms, or discontinuance of business by a
30 licensee, such record book shall be immediately surrendered to the
31 licensing officer in the city of New York, and in the counties of Nassau
32 and Suffolk, and elsewhere in the state to the executive department,
33 division of state police.
34 § 2. Section 400.20 of the penal law, as added by chapter 129 of the
35 laws of 2019, is amended to read as follows:
36 § 400.20 Waiting period in connection with the sale or transfer of a
37 rifle or shotgun.
38 When a national instant criminal background check is required pursuant
39 to state or federal law to be conducted through the National Instant
40 Criminal Background Check System (NICS) or its successor in connection
41 with the sale or transfer of a rifle or shotgun to any person, before
42 delivering a rifle or shotgun to such person, [either (a) NICS has
43 issued a "proceed" response to the seller or transferor, or (b) thirty
44 calendar] ten business days shall have elapsed since the date the seller
45 or transferor contacted NICS to initiate a national instant criminal
46 background check [and NICS has not notified the seller or transferor
47 that the transfer of the rifle or shotgun to such person should be
48 denied].
49 § 3. Subdivision 1 of section 897 of the general business law, as
50 amended by chapter 129 of the laws of 2019, is amended to read as
51 follows:
52 1. A national instant criminal background check shall be conducted and
53 no person shall sell or transfer a firearm, rifle or shotgun at a gun
54 show, except in accordance with the provisions of 18 U.S.C. 922(t),
55 provided that before delivering a firearm, rifle or shotgun to any
56 person, [either (a) the National Instant Criminal Background Check
A. 449--A 3
1 System (NICS) or its successor has issued a "proceed" response to the
2 seller or transferor, or (b) thirty calendar] ten business days shall
3 have elapsed since the date the seller or transferor contacted [NICS]
4 the National Instant Criminal Background Check System (NICS) or its
5 successor to initiate a national instant criminal background check [and
6 NICS has not notified the seller or transferor that the transfer of the
7 firearm, rifle or shotgun to such person should be denied].
8 § 4. Subdivisions 1 and 2 of section 898 of the general business law,
9 as amended by chapter 129 of the laws of 2019, are amended to read as
10 follows:
11 1. In addition to any other requirements pursuant to state and federal
12 law, all sales, exchanges or disposals of firearms, rifles or shotguns
13 shall be conducted in accordance with this section unless such sale,
14 exchange or disposal is conducted by a licensed importer, licensed
15 manufacturer or licensed dealer, as those terms are defined in 18 USC §
16 922, when such sale, exchange or disposal is conducted pursuant to that
17 person's federal firearms license or such sale, exchange or disposal is
18 between members of an immediate family. When a sale, exchange or
19 disposal is conducted pursuant to a person's federal firearms license,
20 before delivering a firearm, rifle or shotgun to any person, [either (a)
21 the National Instant Criminal Background Check System (NICS) or its
22 successor has issued a "proceed" response to the federal firearms licen-
23 see, or (b) thirty calendar] ten business days shall have elapsed since
24 the date the federal firearms licensee contacted [NICS] the National
25 Instant Criminal Background Check System (NICS) or its successor to
26 initiate a national instant criminal background check [and NICS has not
27 notified the federal firearms licensee that the transfer of the firearm,
28 rifle or shotgun to such person should be denied]. For purposes of this
29 section, "immediate family" shall mean spouses, domestic partners, chil-
30 dren and step-children.
31 2. Before any sale, exchange or disposal pursuant to this article, a
32 national instant criminal background check must be completed by a dealer
33 who consents to conduct such check, and upon completion of such back-
34 ground check, shall complete a document, the form of which shall be
35 approved by the superintendent of state police, that identifies and
36 confirms that such check was performed. Before a dealer who consents to
37 conduct a national instant criminal background check delivers a firearm,
38 rifle or shotgun to any person, [either (a) NICS issued a "proceed"
39 response to the dealer, or (b) thirty calendar] ten business days shall
40 have elapsed since the date the dealer contacted [NICS] the National
41 Instant Criminal Background Check System (NICS) or its successor to
42 initiate a national instant criminal background check [and NICS has not
43 notified the dealer that the transfer of the firearm, rifle or shotgun
44 to such person should be denied].
45 § 5. This act shall take effect on the sixtieth day after it shall
46 have become a law.
