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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3280
SPONSOR: Paulin (MS) TITLE OF BILL: An act to amend the general business law and the penal
law, in relation to preventing the sale of firearms, rifles, and shot-
guns to criminals
PURPOSE: This bill will reduce gun trafficking by making it more
difficult for criminals to obtain firearms, rifles and shotguns from gun
dealers
SUMMARY OF PROVISIONS: Section 1 of the bill sets forth legislative
findings.
Section 2 adds a new Article 40 to the general business law and renum-
bers current Article 40 and sections 900 and 901 of the general business
law, as renumbered by chapter 407 of the laws of 1973, as article 50 and
sections 1001 and 1002. The new article contains twelve sections as
follows:
Section 900 sets forth definitions.
Section 901 requires gun dealers to adopt reasonable measures to prevent
sales and transfers to criminals to keep guns from being diverted from
the legal stream of commerce to individuals who are not legally entitled
I to purchase or possess such weapons.-This section also requires action
by the superintendent of state police to thwart illegal gun trafficking.
Section 902 requires gun dealers to implement a security plan for secur-
ing firearms, rifles and shotguns, including providing for the display
and storage of weapons and ammunition in a secure manner, and requiring
an alarm system installed and maintained by an alarm company operator
properly licensed pursuant to state law.
Section 903 requires that retail dealers exclude persons under eighteen
from the portions of the premises where firearms, rifles and shotguns or
ammunition are stocked or sold, unless the minor is accompanied by a
parent or guardian.
Section 904 provides that a dealer shall sell or otherwise dispose of
firearms, rifles and shotguns only at the location listed on the deal-
er's federal firearms license or at gun shows.
Section 905 provides that all employees engaged in the retail sale of
firearms, rifles and shotguns must be at least 21 years of age and shall
not participate in the sale or disposition of firearms, rifles and shot-
guns without receiving the training required by this section. The
section requires the retail dealer to provide the training specified.
Section 906 specifies that certain actions must be taken before a retail
dealer may sell, deliver, lease, or transfer a firearm, rifle, or shot-
gun to a retail customer. The retail dealer must: conduct the national
instant criminal background check; show the transferee how to load and
unload the firearm, rifle or shotgun, and safety measures for, and stor-
age of, the firearm, rifle or shotgun; provide the transferee with a gun
locking device; provide the transferee with.a copy of the safe storage
warning notice set forth in this section; obtain the transferee's signa-
ture on a form stating that the transferee has received the instruction
and notice required by this section; and provide the transferee with a
written record of specified information to enable the transferee to
accurately describe the weapon in the event it is lost or stolen. This
section also requires retail dealers, at the time of sale, delivery,
lease, or transfer of a firearm, to provide the specific:led warning in
the specified manner. - Section 907 sets forth record keeping require-
ments for gun dealers, and requires submission to the New York State
Police every April and October.
Section 908 requires gun dealers to cooperate with government law
enforcement agencies.
Section 909 requires gun dealers to establish internal compliance proce-
dures, and to certify to the superintendent of the state police compli-
ance with the requirements of this new Article 40 on an annual basis.
The section also requires the superintendent of state police to promul-
gate regulations establishing periodic inspections of the premises of
dealers to determine compliance by the dealer with the requirements of
this article. Every dealer shall provide the division of state police
full access to such dealer's premises for such inspections.
Section 910 authorizes the superintendent of state police to promulgate
additional rules and regulations to prevent firearms, rifles and shot-
guns from being diverted from the legal stream of commerce.
Section 911 provides that a violation of any provision of this new Arti-
cle 40 is a class A misdemeanor and provides that a second violation
occurring within five years of a prior conviction for a violation of any
provision of this article is a class E felony.
Section 3 of the bill amends subdivision 1 of § 396-ee of the general
business law, as added by chapter 189 of the laws of 2000, to specify
that the warning label required by this section must he affixed to any
rifle, shotgun or firearm sold, delivered or transferred by a gun dealer
and place in the container in which such rifle, shotgun or firearm is
sold, delivered or transferred.
Section 4 of the bill amends subdivision 1 of section 400.00 of the
penal law, as amended by chapter 189 of the laws of 2000, to provide
that no person shall engage in the business of dealer in firearms unless
such person complies with the provisions of Articles 39-DD and 40 of the
general business law.
Section 5 of the bill amends subdivisions 11 and 12 of section 400.00 of
the penal law, subdivision 11 as amended by chapter 210 of the laws of
1999 and subdivision 12 as amended by chapter 449 of the laws of 1993,
to provide that a license to engage in the business of dealer may be
revoked or suspended for any violation of the provisions of Articles
39-DD and 40 of the general business law, and that in addition to the
records required of gunsmiths and dealers in firearms, such persons
shall be required to comply with the provisions of Articles 39-DD and 40
of the general business law.
Section 6 of the bill provides a severability provision, Section 7 of
the bill provides the effective date.
JUSTIFICATION: Firearms, rifles and shotguns are used to kill over
30,000 individuals in the United Sates every year, including 1,000 indi-
viduals in New York state alone. Additionally, there are 100,000 non-fa-
tal injuries across the country. There is -a thriving underground market
for illegal firearms, largely driven by demand from drug gangs and other
criminals. A highly efficient and continuous business practice exists in
which firearms are moved from legal manufacture and sale to prohibited
purchasers, making them illegal firearms. In 2011, according to a review
by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (AM
of trace data compiled for several regions in the state, including Alba-
ny, Buffalo, Rochester, Syracuse, Long Island and New York City that
calendar year, 8,793 firearms were submitted to be traced, 2,119 of
which were long guns. Outside New York City, long guns are sold without
a permit. Fifty-five percent of the firearms recovered from crimes by
New York law enforcement in 2011 were found outside New York City. A
significant portion of guns involved in crimes upstate originate within
the state. For example, according to 2009 ATF crime gun trace data, 69%
of crime guns in the Buffalo area and 50% of crime guns in the Syracuse
area originated within New York state.
A substantial portion of illegal firearms are diverted to the illegal
market through licensed gun dealers. Rogue gun dealers play a key role
in this market These rogue dealers funnel guns to the illegal market
through a variety of channels. One of the most common means is to allow
"straw purchases." A straw purchase occurs when a person purchases a gun
on behalf of a prohibited person. The ATF conducted an investigation of
gun trafficking from July 1996 to December 1998 and found almost 26,000
trafficked firearms were associated with investigations in which there
was a straw purchaser. Almost 50% of all trafficking investigations
involved straw purchasers, with an average of 37 firearms trafficked per
investigation.
Moreover, this problem is not limited to unlicensed sellers, and clearly
includes federal firearms licensees (FFLs). Indeed, although FFLs were
involved in under 10% of the trafficking investigations under-taken by
ATF, they were associated with the largest number of diverted firearms-
-over 40,000 guns, which is nearly half of the total number of traf-
ficked firearms documented during the two-year period of ATF's investi-
gation. Additionally, a 2010 report by Mayors Against Illegal Guns
indicated that several states which allow state authorities to supple-
ment the federal ATF inspection with routine inspections provide law
enforcement with more opportunities to uncover dealers in violation of
the law. These inspections also help identify dealers who exercise lax
oversight over their inventory and may lead to improved compliance with
federal, state, and local laws.
The first part of this bill seeks to prevent the diversion of firearms
to the illegal marketplace by addressing the problems with New York
State's current laws governing firearm dealers. Specifically, this bill
adds a new Article 40 to the general Business Law which: (1) requires
gun dealers to display and store weapons and ammunition in a secure
manner; (2) provides that guns may be sold only at the location listed
an the dealer's federal firearms license or at gun shows; (3) requires
that all dealer employees making retail gun sales must be at least 21
years of age and must receive adequate training; (4) specifies the
actions that must be taken before a gun dealer may sell a firearm to a
retail customer; (5) provides that children may not enter premises where
guns are sold unless accompanied by a parent or guardian; (6) requires
gun dealers to maintain sales records and periodically submit them to
the state police; (7) requires gun dealers to cooperate with investi-
gations by government law enforcement agencies; and (8) requires gun
dealers to establish internal compliance procedures, and to certify
compliance with the requirements of new Article 40 on an annual basis. A
violation of new Article 40 is a class A misdemeanor, and a second
violation within five years is a class E felony. The additional require-
ments set forth in this bill will help to reduce the diversion of
firearms to the illegal market, and will also assist police departments,
prosecutors and other law enforcement officials in their efforts to
trace and recover illegal weapons. As a result, this bill will help to
reduce the number of crimes and other violent acts involving firearms in
New York State every year, which will help save lives and prevent need-
less injuries caused by use of illegal weapons.
PRIOR LEGISLATIVE HISTORY: A.361, 2011 and 2012 referred to economic
development. Same as S.965, 2012 committed to rules; 2011 referred to
codes. A.1093A, 2009 passed assembly and 2010 amended on third reading.
Same as S.1715A, 2009 referred to codes and 2010 printed. A.6525-A,
2007 and 2008, passed assembly. Same as 8.2404-B, 2007 and 2008 referred
to codes. A.4958, 2005 and 2006, referred to codes. Same as 8.2944,
2005 and 2006, referred to codes. A.7002-A, 2003 and 2004, referred to
codes. Same as 8.5420, 2003 and 2004, referred to codes. Same as 8.5420,
2003 and 2004, referred to codes. A.9255-A, 2001 ordered to third read-
ing.
FISCAL IMPLICATIONS: New York State and its local governments will
realize substantial savings in future years through reduced costs in the
prosecution of gun-related crimes and the treatment of gun-related inju-
ries.
EFFECTIVE DATE: The bill takes effect on the ninetieth day after it
shall have become a law; provided that the superintendent of the divi-
sion of state police is authorized and directed to immediately adopt,
amend, and promulgate such rules and regulation as may be necessary and
desirable to effectuate the purposes of section two of this act.
