S00965 Summary:

BILL NOS00965
 
SAME ASSAME AS A00361
 
SPONSORPERALTA
 
COSPNSRGIANARIS
 
MLTSPNSR
 
Ren Art 40 SS900 & 901 to be Art 50 SS1001 & 1002, add Art 40 SS900 - 911, amd S396-ee, Gen Bus L; amd S400.00, Pen L
 
Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training; prohibits straw purchases; imposes additional license conditions.
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S00965 Actions:

BILL NOS00965
 
01/05/2011REFERRED TO CODES
01/04/2012REFERRED TO CODES
03/08/2012NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/12/2012COMMITTEE DISCHARGED AND COMMITTED TO RULES
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S00965 Floor Votes:

There are no votes for this bill in this legislative session.
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S00965 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           965
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the general business law and the penal law, in  relation
          to preventing the sale of firearms, rifles, and shotguns to criminals
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by finds and declares as follows:
     3    1. Firearms, rifles and shotguns are used to kill nearly 30,000  indi-
     4  viduals  in the United States every year, including 1,000 individuals in
     5  New York state alone. Additionally, there are 100,000 non-fatal injuries
     6  across the country. The federal  government  has  largely  ignored  this
     7  public  health  crisis and has left it up to state and local governments
     8  to protect its citizens. Firearm violence also costs millions of dollars
     9  and causes  incalculable  emotional  damage,  devastating  families  and
    10  communities  throughout  the country.   Therefore, the state of New York
    11  has a strong interest in reducing violence and crimes that  involve  the

    12  use  of  firearms  and the illegal trafficking of firearms. Illegal guns
    13  obtained throughout the state end up in the hands  of  criminals,  youth
    14  and violent individuals who use them to threaten, maim and kill.
    15    2. There is a thriving underground market for illegal firearms, large-
    16  ly  driven by demand from drug gangs and other criminals. A highly effi-
    17  cient and continuous business practice  exists  in  which  firearms  are
    18  moved  from  legal manufacture and sale to prohibited purchasers, making
    19  them illegal firearms. In 2001, approximately 12,000  illegal  firearms,
    20  rifles  and  shotguns were seized in New York state.  From November 2000
    21  to April 2002, 2700 crime guns were entered into  the  state  crime  gun
    22  database.  In 2008, according to a review by the federal bureau of alco-
    23  hol,  tobacco, firearms, and explosives (ATF) of trace data compiled for

    24  several regions in the  state,  including  Albany,  Buffalo,  Rochester,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00321-01-1

        S. 965                              2
 
     1  Syracuse,  Long  Island  and  New  York  City  that calendar year, 9,558
     2  firearms were submitted to be traced, 2,659 of  which  were  long  guns.
     3  Outside  New  York  City, long guns are sold without a permit. Forty-six
     4  percent  of  the  firearms recovered in 2008 were found outside New York
     5  City.  A significant portion of guns involved in crimes  upstate  origi-
     6  nate  within the state. In fact, youth data reveals that in 2000, 40% of
     7  the crime guns in Buffalo originated within a five-mile radius  of  that

     8  city.
     9    3. A substantial portion of illegal firearms are diverted to the ille-
    10  gal  market  through  licensed gun dealers. Rogue gun dealers play a key
    11  role in this market. These rogue dealers  funnel  guns  to  the  illegal
    12  market through a variety of channels. One of the most common means is to
    13  allow "straw purchases". A straw purchase occurs when a person purchases
    14  a  gun  on  behalf of a prohibited person. The ATF conducted an investi-
    15  gation of gun trafficking from July 1996 to December 1998 and found that
    16  almost 26,000 trafficked firearms were associated with investigations in
    17  which there was a straw purchaser. Almost 50% of all trafficking  inves-
    18  tigations  involved  straw  purchasers,  with  an average of 37 firearms
    19  trafficked per investigation.  Another issue, according to a 2008 report
    20  by Mayors Against Illegal Guns, Inside Straw Purchasing:  How  Criminals

    21  Get  Guns  Illegally,  is that many traffickers return to the same store
    22  again and again once they have identified it as one in  which  they  can
    23  make  straw  purchases easily.   Although most gun dealers operate their
    24  businesses legally and responsibly, some gun dealers who are corrupt  or
    25  maintain  shoddy  recordkeeping practices flood the streets with illegal
    26  weapons as a result of their unrestricted access to  new  gun  inventory
    27  and  the unwillingness of gun manufacturers to terminate their supply to
    28  these rogue dealers. Current federal and state regulation has not curbed
    29  the business practice of illegal gun dealers. According to a 2004  study
    30  by  Americans  for Gun Safety, of the 120 worst gun dealers in the coun-
    31  try, namely those dealers with an average of 500 crime  guns  traced  to
    32  them, 96 were still in operation.

    33    4.  Moreover,  this  problem is not limited to unlicensed sellers, and
    34  clearly includes federal firearms  licensees  (FFLs).  Indeed,  although
    35  FFLs were involved in under 10% of the trafficking investigations under-
    36  taken  by  ATF, they were associated with the largest number of diverted
    37  firearms--over 40,000 guns, which is nearly half of the total number  of
    38  trafficked  firearms  documented  during  the  two-year  period of ATF's
    39  investigation.  Additionally, a 2008 report by  Mayors  Against  Illegal
    40  Guns  indicated  that  several  states  which allow state authorities to
    41  supplement the federal ATF inspections with routine inspections  provide
    42  law  enforcement with more opportunities to uncover dealers in violation
    43  of the law. These inspections also help identify  dealers  who  exercise
    44  lax  oversight  over their inventory and may lead to improved compliance

    45  with federal, state and local laws.
    46    5. Current New York state laws governing firearm  dealers  are  inade-
    47  quate  to  prevent the diversion of firearms to the illegal marketplace.
    48  Additional protections that are needed include, but are not limited  to,
    49  better  gun dealer internal compliance procedures, programs to eliminate
    50  straw purchases, increased liability insurance, improved security  meas-
    51  ures,  reducing  youth access, mandatory training for gun dealer employ-
    52  ees, and improved recordkeeping requirements. The additional protections
    53  set forth in this act will greatly enhance the state's efforts to reduce
    54  criminal activity in the state.
    55    § 2. Article 40 and sections 900 and 901 of the general business  law,
    56  as renumbered by chapter 407 of the laws of 1973, are renumbered article

        S. 965                              3
 

     1  50  and  sections 1001 and 1002 and a new article 40 is added to read as
     2  follows:
     3                                  ARTICLE 40
     4                      PREVENTING THE SALE OF FIREARMS,
     5                      RIFLES, AND SHOTGUNS TO CRIMINALS
     6  Section 900. Definitions.
     7          901. Reasonable measures to prevent sales and
     8                  transfers to criminals.
     9          902. Security.
    10          903. Access to firearms, rifles, and shotguns.
    11          904. Location of firearm, rifle, and shotgun sales.
    12          905. Employee training.
    13          906. Retail sales of firearms, rifles, and shotguns.
    14          907. Maintenance of records.
    15          908. Cooperation with law enforcement.

    16          909. Internal compliance and certification.
    17          910. Rules and regulations.
    18          911. Violations.
    19    § 900. Definitions. For the purposes of this article:
    20    1.  "Dealer"  means  any  person,  firm,  partnership, corporation, or
    21  company who engages in the business of purchasing, selling, keeping  for
    22  sale,  lending,  leasing,  or  in  any manner disposing of, any firearm,
    23  rifle, or shotgun.
    24    2. "Dispose of" means to dispose of, give,  give  away,  lease,  lend,
    25  keep  for  sale,  offer,  offer  for  sale, sell, transfer, or otherwise
    26  dispose of.
    27    3. "Firearm" has the same meaning as that term is defined in  subdivi-
    28  sion three of section 265.00 of the penal law.

    29    4.  "Firearm  exhibitor"  means  any person, firm, partnership, corpo-
    30  ration, or company that exhibits, sells, offers for sale, transfers,  or
    31  exchanges firearms, rifles, or shotguns at a gun show.
    32    5.  "Gun show" means an event sponsored, whether for profit or not, by
    33  an individual, national, state, or local organization,  association,  or
    34  other  entity  devoted to the collection, competitive use, sporting use,
    35  or any other legal use of firearms, rifles, or shotguns, or an event  at
    36  which:  (a) twenty percent or more of the total number of exhibitors are
    37  firearm exhibitors; (b) ten or more firearm exhibitors  are  participat-
    38  ing; (c) a total of twenty-five or more pistols or revolvers are offered

    39  for  sale or transfer; or (d) a total of fifty or more firearms, rifles,
    40  or shotguns are offered for sale or transfer. The term "gun show"  shall
    41  include  any building, structure, or facility where firearms, rifles, or
    42  shotguns are offered for sale  or  transfer  and  any  grounds  used  in
    43  connection with the event.
    44    6.  "Retail dealer" means any dealer engaged in the retail business of
    45  selling firearms, rifles, or shotguns.
    46    7. "Rifle" has the same meaning as that term is defined in subdivision
    47  eleven of section 265.00 of the penal law.
    48    8. "Shotgun" has the same meaning as that term is defined in  subdivi-
    49  sion twelve of section 265.00 of the penal law.

    50    9.  "Straw  purchase" means the purchase, or attempt to purchase, by a
    51  person of a firearm, rifle, or shotgun for, on behalf of, or for the use
    52  of another person, knowing that it would  be  unlawful  for  such  other
    53  person to possess such firearm, rifle, or shotgun, or an attempt to make
    54  such a purchase.
    55    10.  "Straw  purchaser"  means  a person who, knowing that it would be
    56  unlawful for another person to possess a  firearm,  rifle,  or  shotgun,

        S. 965                              4
 
     1  purchases  or  attempts to purchase a firearm, rifle, or shotgun for, on
     2  behalf of, or for the use of such other person.
     3    11. "Superintendent" means the superintendent of state police.

     4    §  901.  Reasonable  measures to prevent sales and transfers to crimi-
     5  nals.  Every dealer shall adopt reasonable measures to prevent firearms,
     6  rifles, and shotguns from  being  diverted  from  the  legal  stream  of
     7  commerce,  intentionally  or  otherwise,  for  later  sale, transfer, or
     8  disposal to individuals not legally entitled to purchase or possess such
     9  weapons. Such measures shall  include,  but  need  not  be  limited  to,
    10  programs  to eliminate sales to straw purchasers and to otherwise thwart
    11  illegal gun  trafficking.  The  superintendent  shall  develop  programs
    12  designed  to eliminate sales to straw purchasers and to otherwise thwart
    13  illegal gun trafficking. Within six months of the effective date of this

    14  article, the superintendent shall submit a  report  to  the  legislature
    15  detailing such programs, including establishing minimum requirements for
    16  such programs.
    17    §  902.  Security.  Every  dealer  shall implement a security plan for
    18  securing firearms, rifles and shotguns, including firearms,  rifles  and
    19  shotguns  in  shipment.  The  plan  must  satisfy at least the following
    20  requirements:
    21    1. display cases shall be locked at all times except when  removing  a
    22  single firearm, rifle or shotgun to show a customer, and customers shall
    23  handle firearms, rifles or shotguns only under the direct supervision of
    24  an employee;
    25    2.  all  firearms,  rifles  and  shotguns shall be secured, other than

    26  during business hours, in a  locked  fireproof  safe  or  vault  in  the
    27  licensee's  business  premises  or in a similar secured and locked area;
    28  and
    29    3. ammunition shall be stored separately from the firearms, rifles and
    30  shotguns and out of reach of the customers.
    31    § 903. Access to firearms, rifles, and shotguns. Every  retail  dealer
    32  shall  exclude  all  persons  under  eighteen  years  of  age from those
    33  portions of its premises where firearms, rifles, shotguns, or ammunition
    34  are stocked or sold, unless such person is accompanied by  a  parent  or
    35  guardian.
    36    §  904.  Location  of  firearm, rifle, and shotgun sales. Every dealer
    37  shall sell or otherwise dispose of firearms, rifles, and  shotguns  only

    38  at  the  location  listed on the dealer's federal firearms license or at
    39  gun shows.
    40    § 905. Employee training. Every retail dealer shall  provide  training
    41  to  all  employees  and  other  personnel  engaged in the retail sale of
    42  firearms, rifles, and shotguns relating to:
    43    1. the law governing firearm, rifle, and shotgun transfers by  federal
    44  firearms licensees and individuals;
    45    2.  how  to  recognize  straw purchases and other attempts to purchase
    46  firearms, rifles, or shotguns illegally;
    47    3. how to teach consumers rules  of  gun  safety,  including  but  not
    48  limited  to the safe handling and storage of firearms, rifles, and shot-
    49  guns; and

    50    4. how to comply with provisions of section nine hundred six  of  this
    51  article.
    52    No  employee  or  agent  of any retail dealer shall participate in the
    53  sale or disposition of firearms, rifles, or shotguns unless such  person
    54  is  at least twenty-one years of age and has first received the training
    55  required by this section.  The  superintendent  shall  promulgate  regu-

        S. 965                              5
 
     1  lations  setting  forth  minimum  requirements  for  the  maintenance of
     2  records of such training.
     3    §  906.  Retail  sales of firearms, rifles, and shotguns. 1. No retail
     4  dealer shall sell, deliver, lease, or transfer any  firearm,  rifle,  or

     5  shotgun  to  any  retail  customer  unless  such  retail dealer has: (a)
     6  conducted the required national instant criminal  background  check  and
     7  complied  with  the provisions of 18 U.S.C. 922(t); (b) shown the trans-
     8  feree how to load and unload the firearm,  rifle,  or  shotgun,  how  to
     9  engage  and  disengage  all  safety devices, and how to safely store the
    10  weapon; (c) provided  the  transferee  with  a  gun  locking  device  as
    11  required  by  section  three  hundred ninety-six-ee of this chapter; (d)
    12  provided the transferee with a copy of the safe storage  warning  notice
    13  set  forth  in subdivision two of this section and a copy of the federal
    14  bureau of alcohol,  tobacco,  firearms  and  explosives  disposition  of

    15  firearms  notice;  (e)  obtained  the  transferee's  signature on a form
    16  promulgated by the superintendent certifying  that  the  transferee  has
    17  received  the  instruction  and notice required by this section; and (f)
    18  provided the transferee with a written record of the make, model,  cali-
    19  ber  or  gauge,  and  serial  number  of each firearm, rifle, or shotgun
    20  transferred to enable the transferee to accurately describe  the  weapon
    21  to law enforcement in the event that it is subsequently lost or stolen.
    22    2.  No  retail  dealer  shall  sell,  deliver,  lease, or transfer any
    23  firearm, rifle, or shotgun to any person unless at  the  time  of  sale,
    24  delivery, lease, or transfer such firearm, rifle, or shotgun is accompa-

    25  nied  by  the  following  warning, which shall appear in conspicuous and
    26  legible type in capital letters, and which shall be printed on  a  label
    27  affixed  to  such firearm, rifle, or shotgun and placed in the container
    28  in which such firearm, rifle, or shotgun is sold, delivered,  leased  or
    29  transferred:  "The  use  of  a locking device or safety lock is only one
    30  aspect of responsible firearm storage. Firearms  should  be  stored  and
    31  locked  in  a  location  that is both separate from their ammunition and
    32  inaccessible to children  and  other  unauthorized  persons.  More  than
    33  200,000  firearms  like this one are stolen from their owners every year
    34  in the United States. In  addition,  there  are  more  than  a  thousand

    35  suicides  each  year by younger children and teenagers who get access to
    36  firearms. Hundreds more die from accidental discharge. It is likely that
    37  many more children sustain serious wounds, or inflict such wounds  acci-
    38  dentally  on  others. In order to limit the chance of such misuse, it is
    39  imperative that you keep this weapon locked in a secure place  and  take
    40  other  steps  necessary  to  limit the possibility of theft or accident.
    41  Failure to take reasonable preventive steps may result in innocent lives
    42  being lost, and in some circumstances may result in your liability."
    43    § 907. Maintenance of records. Every dealer shall establish and  main-
    44  tain  such  purchase, sale, inventory, and other records at the dealer's

    45  place of business in such form and for such period as the superintendent
    46  shall require, and shall at a minimum include the following:
    47    1. every dealer shall record the make, model, caliber  or  gauge,  and
    48  serial number of all firearms, rifles, and shotguns that are acquired or
    49  disposed  of  not later than one business day after their acquisition or
    50  disposition. Monthly backups of these records shall be maintained  in  a
    51  secure  container  designed  to  prevent   loss by fire, theft, or other
    52  mishap;
    53    2. all firearms, rifles, and shotguns acquired but not yet disposed of
    54  must be accounted for through an  inventory  check  prepared  once  each
    55  month and maintained in a secure location;


        S. 965                              6
 
     1    3. firearm, rifle, and shotgun sales information, including the serial
     2  numbers of firearms, rifles, and shotguns sold, dates of sale, and iden-
     3  tity of purchasers, shall be maintained and made available to government
     4  law  enforcement  agencies  and to the manufacturer of the weapon or its
     5  designee; and
     6    4. every dealer shall maintain records of criminal firearm, rifle, and
     7  shotgun  traces  initiated  by  the  federal bureau of alcohol, tobacco,
     8  firearms and explosives ("ATF"). All ATF Form 4473  transaction  records
     9  shall be retained on the dealer's business premises in a secure contain-
    10  er designed to prevent loss by fire, theft, or other mishap.

    11    § 908. Cooperation with law enforcement. Every dealer shall:
    12    1. provide government law enforcement agencies with full access to any
    13  documents  related  to  the  acquisition  and disposition of firearms or
    14  employee training deemed necessary by such agency;
    15    2. participate in and comply with all monitoring  of  firearm,  rifle,
    16  and  shotgun distribution by manufacturers or government law enforcement
    17  agencies;
    18    3. report all ATF trace requests by make, model, and serial number  of
    19  firearm,  date  of  trace,  and  date of sale to the manufacturer of the
    20  firearm, rifle, or shotgun on a monthly basis, unless  ATF  directs  the
    21  licensee  not  to  report certain traces, and also report such traces to

    22  the superintendent for use in conjunction with the criminal  gun  clear-
    23  inghouse established pursuant to section two hundred thirty of the exec-
    24  utive law;
    25    4.  analyze  all  ATF  trace  requests to determine whether there is a
    26  pattern of firearms, rifles, or shotguns sold by the dealer  being  used
    27  for  criminal  purposes,  and,  if  such pattern exists, take corrective
    28  action and report such findings and such corrective action to the super-
    29  intendent; and
    30    5. report any firearm, rifle, or shotgun sales that appear to be straw
    31  purchases or otherwise create a reasonable suspicion that  the  firearm,
    32  rifle, or shotgun may be diverted from the legal stream of commerce.

    33    § 909. Internal compliance and certification. 1. Every dealer shall:
    34    (a)  implement  and maintain sufficient internal compliance procedures
    35  to ensure compliance with the  requirements  of  this  article  and  all
    36  applicable  federal, state, and local laws and regulations governing the
    37  sale, transfer, and disposal of firearms, rifles, and shotguns; and
    38    (b) annually certify  to  the  superintendent  that  such  dealer  has
    39  complied  with  all of the requirements of this article. The superinten-
    40  dent shall by regulation determine the form and content of  such  annual
    41  certification.
    42    2.  The  superintendent  of  state police shall promulgate regulations
    43  establishing periodic inspections, during  regular  and  usual  business

    44  hours,  by  the division of state police of the premises of every dealer
    45  to determine compliance by such dealer with  the  requirements  of  this
    46  article.  Every  dealer  shall provide the division of state police with
    47  full access to such dealer's premises for such inspections.
    48    § 910. Rules and regulations. The superintendent may  promulgate  such
    49  additional rules and regulations as the superintendent shall deem neces-
    50  sary  to prevent firearms, rifles, and shotguns from being diverted from
    51  the legal stream of commerce.
    52    § 911. Violations. Any person,  firm,  or  corporation  who  knowingly
    53  violates  any  provision  of  this  article shall be guilty of a class A
    54  misdemeanor punishable as provided for in the penal law,  and  shall  be

    55  guilty  of a class E felony for a second violation occurring within five

        S. 965                              7
 
     1  years of a prior conviction for a violation of  any  provision  of  this
     2  article.
     3    §  3.  Subdivision 1 of section 396-ee of the general business law, as
     4  added by chapter 189 of the laws of 2000, is amended to read as follows:
     5    (1) No person, firm or corporation engaged in the retail  business  of
     6  selling  rifles,  shotguns  or  firearms,  as  such terms are defined in
     7  section 265.00 of the penal law, shall sell,  deliver  or  transfer  any
     8  such  rifle,  shotgun or firearm to another person unless the transferee
     9  is provided at the time of sale, delivery or transfer with a gun locking
    10  device and a label containing the quoted language specified in  subdivi-

    11  sion two of [this] section [is either] nine hundred six of this chapter,
    12  which  shall  appear in conspicuous and legible type in capital letters,
    13  and shall be affixed to such rifle, shotgun or firearm [or]  and  placed
    14  in the container in which such rifle, shotgun or firearm is sold, deliv-
    15  ered  or  transferred.  For  the purposes of this section, the term "gun
    16  locking device" shall mean an integrated design feature or an attachable
    17  accessory that is resistant to tampering and is effective in  preventing
    18  the discharge of such rifle, shotgun or firearm by a person who does not
    19  have access to the key, combination or other mechanism used to disengage
    20  the  device.  The  division of state police shall develop and promulgate
    21  rules and regulations setting forth the specific devices or the  minimum

    22  standards  and criteria therefor which constitute an effective gun lock-
    23  ing device.
    24    § 4. Subdivision 1 of section 400.00 of the penal law, as  amended  by
    25  chapter 189 of the laws of 2000, is amended to read as follows:
    26    1. Eligibility. No license shall be issued or renewed pursuant to this
    27  section  except  by  the licensing officer, and then only after investi-
    28  gation and finding that all statements in a  proper  application  for  a
    29  license  are  true.  No license shall be issued or renewed except for an
    30  applicant (a) twenty-one years of age or older, provided, however,  that
    31  where  such  applicant  has  been  honorably  discharged from the United
    32  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    33  national  guard  of the state of New York, no such age restriction shall
    34  apply; (b) of good moral character;  (c)  who  has  not  been  convicted

    35  anywhere of a felony or a serious offense; (d) who has stated whether he
    36  or  she  has  ever  suffered  any mental illness or been confined to any
    37  hospital or institution, public or private, for mental illness; (e)  who
    38  has  not had a license revoked or who is not under a suspension or inel-
    39  igibility order issued pursuant to the provisions of section  530.14  of
    40  the  criminal  procedure law or section eight hundred forty-two-a of the
    41  family court act; (f) in the county of Westchester, who has successfully
    42  completed a firearms safety course and test as evidenced  by  a  certif-
    43  icate  of completion issued in his or her name and endorsed and affirmed
    44  under the penalties of perjury by a duly authorized  instructor,  except
    45  that:  (i)  persons  who are honorably discharged from the United States
    46  army, navy, marine corps or coast guard, or of the national guard of the

    47  state of New York, and produce evidence  of  official  qualification  in
    48  firearms  during  the term of service are not required to have completed
    49  those hours of a firearms safety course  pertaining  to  the  safe  use,
    50  carrying,  possession,  maintenance  and  storage of a firearm; and (ii)
    51  persons who were licensed to possess a pistol or revolver prior  to  the
    52  effective  date  of  this paragraph are not required to have completed a
    53  firearms safety course and test; and (g) concerning whom no  good  cause
    54  exists  for  the  denial  of  the license. No person shall engage in the
    55  business of gunsmith or dealer in firearms unless licensed  pursuant  to
    56  this  section,  and  no person shall engage in the business of dealer in

        S. 965                              8
 

     1  firearms unless such person complies with  the  provisions  of  articles
     2  thirty-nine-DD  and  forty  of the general business law. An applicant to
     3  engage in such business shall also be a citizen of  the  United  States,
     4  more  than  twenty-one  years of age and maintain a place of business in
     5  the city or county where the license is issued. For  such  business,  if
     6  the applicant is a firm or partnership, each member thereof shall comply
     7  with  all  of  the requirements set forth in this subdivision and if the
     8  applicant is a corporation, each officer thereof shall so comply.
     9    § 5. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
    10  vision 11 as amended by chapter 210 of the laws of 1999 and  subdivision
    11  12 as amended by chapter 449 of the laws of 1993, are amended to read as
    12  follows:

    13    11.  License:  revocation and suspension. The conviction of a licensee
    14  anywhere of a felony or serious offense shall operate as a revocation of
    15  the license. A license may be revoked or suspended as  provided  for  in
    16  section  530.14  of  the criminal procedure law or section eight hundred
    17  forty-two-a of the family court act. Except for a license issued  pursu-
    18  ant  to  section  400.01  of  this article, a license may be revoked and
    19  cancelled at any time in the city of New York, and in  the  counties  of
    20  Nassau  and Suffolk, by the licensing officer, and elsewhere than in the
    21  city of New York by any judge or justice of a court of record; a license
    22  issued pursuant to section 400.01 of this article  may  be  revoked  and
    23  cancelled  at  any time by the licensing officer or any judge or justice
    24  of a court of record.  A license to engage in the business of dealer may

    25  be revoked or suspended for any violation of the provisions  of  article
    26  thirty-nine-DD or forty of the general business law. The official revok-
    27  ing  a  license  shall  give  written notice thereof without unnecessary
    28  delay to the executive department, division of state police, Albany, and
    29  shall also notify immediately the duly constituted police authorities of
    30  the locality.
    31    12. Records required of gunsmiths and dealers in  firearms.  [Any]  In
    32  addition  to  the  requirements set forth in articles thirty-nine-DD and
    33  forty of the general business law, any person licensed  as  gunsmith  or
    34  dealer  in firearms shall keep a record book approved as to form, except
    35  in the city of New York, by the superintendent of state police.  In  the
    36  record  book shall be entered at the time of every transaction involving

    37  a firearm the date, name, age, occupation and residence  of  any  person
    38  from  whom  a firearm is received or to whom a firearm is delivered, and
    39  the calibre, make, model, manufacturer's name and serial number,  or  if
    40  none,  any  other  distinguishing  number or identification mark on such
    41  firearm. Before delivering a firearm to any person, the  licensee  shall
    42  require  him  to  produce  either  a license valid under this section to
    43  carry or possess the same, or proof of lawful  authority  as  an  exempt
    44  person  pursuant  to section 265.20 of this chapter. In addition, before
    45  delivering a firearm to a peace officer, the licensee shall verify  that
    46  person's  status  as  a peace officer with the division of state police.
    47  After completing the foregoing, the licensee shall remove and retain the
    48  attached coupon and enter in the record book the date of  such  license,

    49  number,  if  any,  and name of the licensing officer, in the case of the
    50  holder of a license to carry or possess, or the shield or other  number,
    51  if  any,  assignment  and  department, unit or agency, in the case of an
    52  exempt person. The original transaction report shall be forwarded to the
    53  division of state police within ten days of delivering a firearm to  any
    54  person,  and  a duplicate copy shall be kept by the licensee. The record
    55  book shall be maintained on the premises mentioned and described in  the
    56  license  and shall be open at all reasonable hours for inspection by any

        S. 965                              9
 
     1  peace officer, acting pursuant to his special duties, or police officer.
     2  In the event of cancellation or revocation of the license  for  gunsmith
     3  or dealer in firearms, or discontinuance of business by a licensee, such

     4  record book shall be immediately surrendered to the licensing officer in
     5  the  city  of  New  York, and in the counties of Nassau and Suffolk, and
     6  elsewhere in the state to the executive department,  division  of  state
     7  police.
     8    § 6. Severability. If any clause, sentence, paragraph, section or part
     9  of  this act shall be adjudged by any court of competent jurisdiction to
    10  be invalid, such judgment shall not affect,  impair  or  invalidate  the
    11  remainder thereof, but shall be confined in its operation to the clause,
    12  sentence,  paragraph,  section  or part thereof directly involved in the
    13  controversy in which such judgment shall have been rendered.
    14    § 7. This act shall take effect on the ninetieth day  after  it  shall
    15  have  become  a law; provided that the superintendent of the division of
    16  state police is authorized and directed to immediately adopt, amend, and

    17  promulgate such rules and regulations as may be necessary and  desirable
    18  to effectuate the purposes of section two of this act.
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