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A00449 Summary:

BILL NOA00449
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRDinowitz, Galef, Dickens, Abinanti, Seawright, Gottfried, Rosenthal L, Englebright, Zinerman
 
MLTSPNSR
 
Amd 400.00 & 400.20, Pen L; amd 897 & 898, Gen Bus L
 
Establishes a ten 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.
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A00449 Actions:

BILL NOA00449
 
01/06/2021referred to codes
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A00449 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           449
 
                               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  --  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 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] ten calendar days have elapsed since the date the licen-
    19  see contacted [NICS] the  National  Instant  Criminal  Background  Check
    20  System  (NICS)  or its successor to initiate a national instant criminal
    21  background check [and NICS has not notified the licensee that the trans-
    22  fer of the firearm to such person should be denied]. In addition, before
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01959-01-1

        A. 449                              2
 
     1  delivering a firearm to a peace officer, the licensee shall verify  that
     2  person's  status  as  a peace officer with the division of state police.
     3  After 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
    19  for  purposes  of  inclusion in the database created pursuant to section
    20  400.02 of this article shall not be subject to  disclosure  pursuant  to
    21  article  six  of the public officers law. The record book shall be main-
    22  tained on the premises mentioned and described in the license and  shall
    23  be  open  at  all  reasonable hours for inspection by any peace officer,
    24  acting pursuant to his special duties, or police officer. In  the  event
    25  of  cancellation  or revocation of the license for gunsmith or dealer in
    26  firearms, or discontinuance of business by a licensee, such record  book
    27  shall be immediately surrendered to the licensing officer in the city of
    28  New  York,  and  in the counties of Nassau and Suffolk, and elsewhere in
    29  the state to the executive department, division of state police.
    30    § 2. Section 400.20 of the penal law, as added by chapter 129  of  the
    31  laws of 2019, is amended to read 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
    39  issued a "proceed" response to the seller or transferor, or  (b)  thirty
    40  calendar] ten business days shall have elapsed since the date the seller
    41  or  transferor  contacted  NICS  to initiate a national instant criminal
    42  background check [and NICS has not notified  the  seller  or  transferor
    43  that  the  transfer  of  the  rifle  or shotgun to such person should be
    44  denied].
    45    § 3. Subdivision 1 of section 897 of  the  general  business  law,  as
    46  amended  by  chapter  129  of  the  laws  of 2019, is amended to read as
    47  follows:
    48    1. A national instant criminal background check shall be conducted and
    49  no person shall sell or transfer a firearm, rifle or shotgun  at  a  gun
    50  show,  except  in  accordance  with  the provisions of 18 U.S.C. 922(t),
    51  provided that before delivering a  firearm,  rifle  or  shotgun  to  any
    52  person,  [either  (a)  the  National  Instant  Criminal Background Check
    53  System (NICS) or its successor has issued a "proceed"  response  to  the
    54  seller  or  transferor,  or (b) thirty calendar] ten business days shall
    55  have elapsed since the date the seller or  transferor  contacted  [NICS]
    56  the  National  Instant  Criminal  Background  Check System (NICS) or its

        A. 449                              3
 
     1  successor to initiate a national instant criminal background check  [and
     2  NICS  has not notified the seller or transferor that the transfer of the
     3  firearm, rifle or shotgun to such person should be denied].
     4    §  4. Subdivisions 1 and 2 of section 898 of the general business law,
     5  as amended by chapter 129 of the laws of 2019, are amended  to  read  as
     6  follows:
     7    1. In addition to any other requirements pursuant to state and federal
     8  law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
     9  shall be conducted in accordance with this  section  unless  such  sale,
    10  exchange  or  disposal  is  conducted  by  a licensed importer, licensed
    11  manufacturer or licensed dealer, as those terms are defined in 18 USC  §
    12  922,  when such sale, exchange or disposal is conducted pursuant to that
    13  person's federal firearms license or such sale, exchange or disposal  is
    14  between  members  of  an  immediate  family.  When  a  sale, exchange or
    15  disposal is conducted pursuant to a person's federal  firearms  license,
    16  before delivering a firearm, rifle or shotgun to any person, [either (a)
    17  the  National  Instant  Criminal  Background  Check System (NICS) or its
    18  successor has issued a "proceed" response to the federal firearms licen-
    19  see, or (b) thirty calendar] ten business days shall have elapsed  since
    20  the  date  the  federal  firearms licensee contacted [NICS] the National
    21  Instant Criminal Background Check System  (NICS)  or  its  successor  to
    22  initiate  a national instant criminal background check [and NICS has not
    23  notified the federal firearms licensee that the transfer of the firearm,
    24  rifle or shotgun to such person should be denied]. For purposes of  this
    25  section, "immediate family" shall mean spouses, domestic partners, chil-
    26  dren and step-children.
    27    2.  Before  any sale, exchange or disposal pursuant to this article, a
    28  national instant criminal background check must be completed by a dealer
    29  who consents to conduct such check, and upon completion  of  such  back-
    30  ground  check,  shall  complete  a  document, the form of which shall be
    31  approved by the superintendent of  state  police,  that  identifies  and
    32  confirms  that such check was performed. Before a dealer who consents to
    33  conduct a national instant criminal background check delivers a firearm,
    34  rifle or shotgun to any person, [either  (a)  NICS  issued  a  "proceed"
    35  response  to the dealer, or (b) thirty calendar] ten business days shall
    36  have elapsed since the date the dealer  contacted  [NICS]  the  National
    37  Instant  Criminal  Background  Check  System  (NICS) or its successor to
    38  initiate a national instant criminal background check [and NICS has  not
    39  notified  the  dealer that the transfer of the firearm, rifle or shotgun
    40  to such person should be denied].
    41    § 5. This act shall take effect on the sixtieth  day  after  it  shall
    42  have become a law.
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