A01054 Summary:

COSPNSRRamos, Lifton, Englebright, Rosenthal L, Abinanti, Colton, Dinowitz, Jaffee, Steck, Seawright, Fahy, Schimminger, Simotas
MLTSPNSRArroyo, Crespo, Gottfried, Magnarelli
Add Art 39-BB §§875-a - 875-j, Gen Bus L, amd §400.00, 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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A01054 Actions:

01/14/2019referred to economic development
09/09/2019amend and recommit to economic development
09/09/2019print number 1054a
01/08/2020referred to economic development
11/06/2020amend and recommit to economic development
11/06/2020print number 1054b
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A01054 Committee Votes:

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A01054 Floor Votes:

There are no votes for this bill in this legislative session.
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A01054 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
          ER,  SIMOTAS  --  Multi-Sponsored  by  --  M. of A. ARROYO, GOTTFRIED,
          MAGNARELLI -- read once and referred  to  the  Committee  on  Economic
          Development  --  committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee --  again  reported  from
          said  committee  with  amendments,  ordered  reprinted  as amended and
          recommitted to said committee
        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 over 30,000 individ-
     4  uals in the United States every year, including 1,000 individuals in New
     5  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 billions 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.    According to a recent report of the New York
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1054--B                          2
     1  state attorney general, 52,915 crime guns were recovered by law enforce-
     2  ment in New York between 2010-2015.  Target  on  Trafficking,  New  York
     3  Crime  Gun  Analysis,  October  2016  ("2016 AG Report"). Of these crime
     4  guns,  13,188  or 24.9% were long guns. Outside New York City, long guns
     5  are sold without a permit. The 2016 AG Report further found that 90%  of
     6  the  crime  guns recovered were recovered in seven distinct markets: New
     7  York City, the lower Hudson Valley (including  the  cities  of  Yonkers,
     8  White  Plains, Newburgh and Poughkeepsie), the Capital Region (including
     9  Albany, Troy and Schenectady), Syracuse, Rochester and Buffalo.  74%  of
    10  the  crime  guns  recovered  were  from  out of state. Yet a significant
    11  portion of guns involved in crimes upstate originate within  the  state.
    12  For  example,  according to the 2016 AG Report, 41% of crime guns in the
    13  Buffalo area and 56% of crime guns  in  the  Rochester  area  originated
    14  within New York state.
    15    3.  Youth are particularly at risk of being killed with guns.  Accord-
    16  ing to the Centers for Disease Control and Prevention,  in  2010  alone,
    17  116  children  and teens (under the age of 19) died from gun violence in
    18  New York state.
    19    4. A substantial portion of illegal firearms are diverted to the ille-
    20  gal market through licensed gun dealers. Rogue gun dealers  play  a  key
    21  role  in  this  market.  These  rogue dealers funnel guns to the illegal
    22  market through a variety of channels. One of the most common means is to
    23  allow "straw purchases". A straw purchase occurs when a person purchases
    24  a gun on behalf of a prohibited person.  In 2000, the Bureau of Alcohol,
    25  Tobacco, Firearms, and Explosives (ATF) conducted  an  investigation  of
    26  gun  trafficking  from  July 1996 to December 1998 and found that almost
    27  26,000 trafficked firearms were associated with investigations in  which
    28  there  was  a  straw  purchaser.  Almost 50% of all trafficking investi-
    29  gations involved straw purchasers, with an average of 37 firearms  traf-
    30  ficked  per investigation.  Another issue, according to a 2008 report by
    31  Mayors Against Illegal Guns, Inside Straw Purchasing: How Criminals  Get
    32  Guns  Illegally, is that many traffickers return to the same store again
    33  and again once they have identified it as one in  which  they  can  make
    34  straw purchases easily.  According to the ATF, 1% of gun dealers are the
    35  source of almost 60% of crime guns.
    36    5.    Although  most  gun dealers operate their businesses legally and
    37  responsibly, some gun dealers who are corrupt or maintain shoddy record-
    38  keeping practices flood the streets with illegal weapons as a result  of
    39  their  unrestricted access to new gun inventory and the unwillingness of
    40  gun manufacturers to terminate their  supply  to  these  rogue  dealers.
    41  Current  federal  and state regulation has not curbed the business prac-
    42  tice of illegal gun dealers. According to a 2004 study by Americans  for
    43  Gun  Safety,  of  the 120 worst gun dealers in the country, namely those
    44  dealers with an average of 500 crime guns traced to them, 96 were  still
    45  in operation.
    46    6.  Moreover,  this  problem is not limited to unlicensed sellers, and
    47  clearly includes federal firearms  licensees  (FFLs).  Indeed,  although
    48  FFLs were involved in under 10% of the trafficking investigations under-
    49  taken  by  ATF, they were associated with the largest number of diverted
    50  firearms--over 40,000 guns, which is nearly half of the total number  of
    51  trafficked  firearms  documented during the two-year period of the ATF's
    52  investigation.  Additionally, a 2010 report by  Mayors  Against  Illegal
    53  Guns  indicated  that  several  states  which allow state authorities to
    54  supplement the federal ATF inspection with routine  inspections  provide
    55  law  enforcement with more opportunities to uncover dealers in violation
    56  of the law.  These inspections also help identify dealers  who  exercise

        A. 1054--B                          3

     1  lax  oversight  over their inventory and may lead to improved compliance
     2  with federal, state, and local laws.
     3    7.  Current  state  law  governing  firearm  dealers  is inadequate to
     4  prevent the diversion of firearms to the  illegal  marketplace.    Addi-
     5  tional  protections  that  are  needed  include, but are not limited to,
     6  better gun dealer internal compliance procedures, programs to  eliminate
     7  straw  purchases, improved security measures, reducing youth access, and
     8  mandatory training for gun dealer employees.  The additional protections
     9  set forth in this act will greatly enhance the state's efforts to reduce
    10  criminal activity in the state.
    11    § 2. The general business law is amended by adding a new article 39-BB
    12  to read as follows:
    13                                 ARTICLE 39-BB
    14                      PREVENTING THE SALE OF FIREARMS,
    15                      RIFLES, AND SHOTGUNS TO CRIMINALS
    16  Section 875-a. Definitions.
    17          875-b. Reasonable measures to prevent sales and
    18                  transfers to criminals.
    19          875-c. Security.
    20          875-d. Access to firearms, rifles, and shotguns.
    21          875-e. Location of firearm, rifle, and shotgun sales.
    22          875-f. Employee training.
    23          875-g. Maintenance of records.
    24          875-h. Internal compliance and certification.
    25          875-i. Rules and regulations.
    26          875-j. Violations.
    27    § 875-a. Definitions. For the purposes of this article:
    28    1. "Dealer" means  any  person,  firm,  partnership,  corporation,  or
    29  company  who engages in the business of purchasing, selling, keeping for
    30  sale, lending, leasing, or in any  manner  disposing  of,  any  firearm,
    31  rifle, or shotgun.
    32    2.  "Dispose  of"  means  to dispose of, give, give away, lease, lend,
    33  keep for sale, offer, offer  for  sale,  sell,  transfer,  or  otherwise
    34  dispose of.
    35    3.  "Firearm" has the same meaning as that term is defined in subdivi-
    36  sion three of section 265.00 of the penal law.
    37    4. "Firearm exhibitor" means any  person,  firm,  partnership,  corpo-
    38  ration,  or company that exhibits, sells, offers for sale, transfers, or
    39  exchanges firearms, rifles, or shotguns at a gun show.
    40    5. "Retail dealer" means any dealer engaged in the retail business  of
    41  selling firearms, rifles, or shotguns.
    42    6. "Rifle" has the same meaning as that term is defined in subdivision
    43  eleven of section 265.00 of the penal law.
    44    7.  "Shotgun" has the same meaning as that term is defined in subdivi-
    45  sion twelve of section 265.00 of the penal law.
    46    8. "Straw purchase" means the purchase, or attempt to purchase,  by  a
    47  person  of a firearm, rifle, shotgun or ammunition for, on behalf of, or
    48  for the use of another person, knowing that it  would  be  unlawful  for
    49  such other person to possess such firearm, rifle, shotgun or ammunition,
    50  or an attempt to make such a purchase.
    51    9.  "Straw  purchaser"  means  a  person who, knowing that it would be
    52  unlawful for another person to possess  a  firearm,  rifle,  shotgun  or
    53  ammunition,  purchases or attempts to purchase a firearm, rifle, shotgun
    54  or ammunition for, on behalf of, or for the use of such other person.
    55    10. "Superintendent" means the superintendent of state police.

        A. 1054--B                          4
     1    § 875-b. Reasonable measures to prevent sales and transfers to  crimi-
     2  nals.  Every dealer shall adopt reasonable measures to prevent firearms,
     3  rifles,  and  shotguns  from  being  diverted  from  the legal stream of
     4  commerce, intentionally or  otherwise,  for  later  sale,  transfer,  or
     5  disposal to individuals not legally entitled to purchase or possess such
     6  weapons.  Such  measures  shall  include,  but  need  not be limited to,
     7  programs to eliminate sales to straw purchasers and to otherwise  thwart
     8  illegal  gun  trafficking.  The  superintendent  shall  develop programs
     9  designed to eliminate sales to straw purchasers and to otherwise  thwart
    10  illegal gun trafficking. Within six months of the effective date of this
    11  article,  the  superintendent  shall  submit a report to the legislature
    12  detailing such programs, including establishing minimum requirements for
    13  such programs.
    14    § 875-c. Security. 1.  Every dealer shall implement  a  security  plan
    15  for  securing  firearms, rifles and shotguns, including firearms, rifles
    16  and shotguns in shipment. The plan must satisfy at least  the  following
    17  requirements:
    18    (a)  display cases shall be locked at all times except when removing a
    19  single firearm, rifle or shotgun to show a customer, and customers shall
    20  handle firearms, rifles or shotguns only under the direct supervision of
    21  an employee;
    22    (b) all firearms, rifles and shotguns shall  be  secured,  other  than
    23  during  business  hours,  in  a  locked  fireproof  safe or vault in the
    24  licensee's business premises or in a similar secured  and  locked  area;
    25  and
    26    (c)  ammunition  shall  be stored separately from the firearms, rifles
    27  and shotguns and out of reach of the customers.
    28    2. (a) The permitted business location shall be secured  by  an  alarm
    29  system  that  is  installed  and maintained by an alarm company operator
    30  properly licensed pursuant to state law. The alarm system must be  moni-
    31  tored  by  a  central station listed by Underwriters Laboratories, Inc.,
    32  and covered by an active Underwriters Laboratories,  Inc.  alarm  system
    33  certificate with a #3 extent of protection.
    34    (b)   Underwriters   Laboratories,  Inc.  uses  the  term  "extent  of
    35  protection" to refer to the amount  of  alarm  protection  installed  to
    36  protect  a  particular area, room or container. Systems with a #3 extent
    37  of protection include complete protection for all  accessible  openings,
    38  and  partial  motion  and  sound detection at certain other areas of the
    39  premises. More information may be found in: Central Station Alarm  Asso-
    40  ciation, A Practical Guide to Central Station Burglar Alarm Systems (3rd
    41  ed. 2005).
    42    § 875-d. Access to firearms, rifles, and shotguns. Every retail dealer
    43  shall  exclude  all  persons  under  eighteen  years  of  age from those
    44  portions of its premises where firearms, rifles, shotguns, or ammunition
    45  are stocked or sold, unless such person is accompanied by  a  parent  or
    46  guardian.
    47    §  875-e.  Location of firearm, rifle, and shotgun sales. Every dealer
    48  shall sell or otherwise dispose of firearms, rifles, and  shotguns  only
    49  at  the  location  listed on the dealer's federal firearms license or at
    50  gun shows.
    51    § 875-f. Employee training. Every retail dealer shall provide training
    52  to all employees and other personnel  engaged  in  the  retail  sale  of
    53  firearms, rifles, and shotguns relating to:
    54    1.  the law governing firearm, rifle, and shotgun transfers by federal
    55  firearms licensees and individuals;

        A. 1054--B                          5
     1    2. how to recognize straw purchases and  other  attempts  to  purchase
     2  firearms, rifles, shotguns or ammunition illegally; and
     3    3.  how  to  teach  consumers  rules  of gun safety, including but not
     4  limited to the safe handling and storage of firearms, rifles, and  shot-
     5  guns.
     6    No  employee  or  agent  of any retail dealer shall participate in the
     7  sale or disposition of firearms, rifles, or shotguns unless such  person
     8  is  at least twenty-one years of age and has first received the training
     9  required by this section.  The  superintendent  shall  promulgate  regu-
    10  lations  setting  forth  minimum  requirements  for  the  maintenance of
    11  records of such training.
    12    § 875-g.  Maintenance of records. Every  dealer  shall  establish  and
    13  maintain  such purchase, sale, inventory, and other records at the deal-
    14  er's place of business in such form and for such period  as  the  super-
    15  intendent  shall  require, and shall submit such records to the New York
    16  state police every April and October. Such records shall  at  a  minimum
    17  include the following:
    18    1.  every  dealer  shall record the make, model, caliber or gauge, and
    19  serial number of all rifles and shotguns that are acquired  or  disposed
    20  of  not  later than one business day after their acquisition or disposi-
    21  tion. Monthly backups of these records shall be maintained in  a  secure
    22  container designed to prevent  loss by fire, theft, or other mishap;
    23    2.  all  rifles  and shotguns acquired but not yet disposed of must be
    24  accounted for through an inventory check prepared once  each  month  and
    25  maintained in a secure location;
    26    3.  rifle  and shotgun sales information, including the serial numbers
    27  of rifles and shotguns sold, dates of sale, and identity of  purchasers,
    28  shall  be  maintained  and  made available to government law enforcement
    29  agencies and to the manufacturer of the weapon or its designee; and
    30    4. every dealer shall maintain records of criminal rifle  and  shotgun
    31  traces initiated by the federal bureau of alcohol, tobacco, firearms and
    32  explosives  ("ATF").  All  ATF  Form  4473  transaction records shall be
    33  retained on  the  dealer's  business  premises  in  a  secure  container
    34  designed to prevent loss by fire, theft, or other mishap.
    35    § 875-h. Internal compliance and certification. 1. Every dealer shall:
    36    (a)  implement  and maintain sufficient internal compliance procedures
    37  to ensure compliance with the  requirements  of  this  article  and  all
    38  applicable  federal, state, and local laws and regulations governing the
    39  sale, transfer, and disposal of firearms, rifles, and shotguns; and
    40    (b) annually certify  to  the  superintendent  that  such  dealer  has
    41  complied  with  all of the requirements of this article. The superinten-
    42  dent shall by regulation determine the form and content of  such  annual
    43  certification.
    44    2.  The superintendent shall promulgate regulations establishing peri-
    45  odic inspections, during regular and usual business hours, by the  divi-
    46  sion  of  state  police  of  the  premises  of every dealer to determine
    47  compliance by such dealer with the requirements of this  article.  Every
    48  dealer  shall  provide  the division of state police with full access to
    49  such dealer's premises for such inspections.
    50    § 875-i. Rules and regulations. The superintendent may promulgate such
    51  additional rules and regulations as the superintendent shall deem neces-
    52  sary to prevent firearms, rifles, and shotguns from being diverted  from
    53  the legal stream of commerce.
    54    §  875-j.  Violations.  Any person, firm, or corporation who knowingly
    55  violates any provision of this article shall be  guilty  of  a  class  A
    56  misdemeanor punishable as provided for in the penal law.

        A. 1054--B                          6
     1    §  3.  Subdivision 1 of section 400.00 of the penal law, as amended by
     2  chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
     3  the laws of 2018, is amended to read as follows:
     4    1. Eligibility. No license shall be issued or renewed pursuant to this
     5  section  except  by  the licensing officer, and then only after investi-
     6  gation and finding that all statements in a  proper  application  for  a
     7  license  are  true.  No license shall be issued or renewed except for an
     8  applicant (a) twenty-one years of age or older, provided, however,  that
     9  where  such  applicant  has  been  honorably  discharged from the United
    10  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    11  national  guard  of the state of New York, no such age restriction shall
    12  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
    13  anywhere  of  a felony or a serious offense or who is not the subject of
    14  an outstanding warrant of arrest issued upon the alleged commission of a
    15  felony or serious offense; (d) who is not a fugitive from  justice;  (e)
    16  who  is  not an unlawful user of or addicted to any controlled substance
    17  as defined in section 21 U.S.C. 802; (f) who being an alien (i)  is  not
    18  illegally or unlawfully in the United States or (ii) has not been admit-
    19  ted to the United States under a nonimmigrant visa subject to the excep-
    20  tion  in  18  U.S.C. 922(y)(2); (g) who has not been discharged from the
    21  Armed Forces under dishonorable conditions; (h) who, having been a citi-
    22  zen of the United States, has not renounced his or her citizenship;  (i)
    23  who  has  stated whether he or she has ever suffered any mental illness;
    24  (j) who has not been involuntarily committed to  a  facility  under  the
    25  jurisdiction  of  an office of the department of mental hygiene pursuant
    26  to article nine or fifteen of the  mental  hygiene  law,  article  seven
    27  hundred  thirty or section 330.20 of the criminal procedure law, section
    28  four hundred two or five hundred eight of the  correction  law,  section
    29  322.2 or 353.4 of the family court act, or has not been civilly confined
    30  in  a  secure  treatment  facility pursuant to article ten of the mental
    31  hygiene law; (k) who has not had a license revoked or who is not under a
    32  suspension or ineligibility order issued pursuant to the  provisions  of
    33  section  530.14  of  the criminal procedure law or section eight hundred
    34  forty-two-a of the family court act; (l) in the county  of  Westchester,
    35  who  has  successfully  completed  a  firearms safety course and test as
    36  evidenced by a certificate of completion issued in his or her  name  and
    37  endorsed  and  affirmed under the penalties of perjury by a duly author-
    38  ized instructor, except that: (i) persons who are  honorably  discharged
    39  from  the  United  States army, navy, marine corps or coast guard, or of
    40  the national guard of the state of New York,  and  produce  evidence  of
    41  official  qualification  in  firearms during the term of service are not
    42  required to have completed those  hours  of  a  firearms  safety  course
    43  pertaining  to the safe use, carrying, possession, maintenance and stor-
    44  age of a firearm; and (ii) persons who were licensed to possess a pistol
    45  or revolver prior to the  effective  date  of  this  paragraph  are  not
    46  required  to  have  completed a firearms safety course and test; (m) who
    47  has not had a  guardian  appointed  for  him  or  her  pursuant  to  any
    48  provision  of  state  law,  based on a determination that as a result of
    49  marked subnormal intelligence, mental illness, incapacity, condition  or
    50  disease,  he  or she lacks the mental capacity to contract or manage his
    51  or her own affairs; and (n) concerning whom no good cause exists for the
    52  denial of the license.  No  person  shall  engage  in  the  business  of
    53  gunsmith or dealer in firearms unless licensed pursuant to this section,
    54  and  no person shall engage in the business of dealer in firearms unless
    55  such person complies with the provisions of  article  thirty-nine-BB  of
    56  the general business law.  An applicant to engage in such business shall

        A. 1054--B                          7
     1  also  be  a  citizen of the United States, more than twenty-one years of
     2  age and maintain a place of business in the city  or  county  where  the
     3  license  is  issued.  For  such  business, if the applicant is a firm or
     4  partnership,  each  member thereof shall comply with all of the require-
     5  ments set forth in this subdivision and if the  applicant  is  a  corpo-
     6  ration, each officer thereof shall so comply.
     7    § 4. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
     8  vision 11 as amended by chapter 1 of the laws of 2013 and subdivision 12
     9  as  amended  by  chapter 129 of the laws of 2019, are amended to read as
    10  follows:
    11    11. License: revocation and suspension. (a) The conviction of a licen-
    12  see anywhere of a felony or serious offense or a licensee  at  any  time
    13  becoming ineligible to obtain a license under this section shall operate
    14  as a revocation of the license. A license may be revoked or suspended as
    15  provided  for in section 530.14 of the criminal procedure law or section
    16  eight hundred forty-two-a of the family court act. Except for a  license
    17  issued  pursuant  to  section  400.01  of this article, a license may be
    18  revoked and cancelled at any time in the city of New York,  and  in  the
    19  counties  of Nassau and Suffolk, by the licensing officer, and elsewhere
    20  than in the city of New York by any judge  or  justice  of  a  court  of
    21  record;  a license issued pursuant to section 400.01 of this article may
    22  be revoked and cancelled at any time by the  licensing  officer  or  any
    23  judge  or justice of a court of record. A license to engage in the busi-
    24  ness of dealer may be revoked or suspended  for  any  violation  of  the
    25  provisions  of  article  thirty-nine-BB of the general business law. The
    26  official revoking a license shall give written  notice  thereof  without
    27  unnecessary delay to the executive department, division of state police,
    28  Albany,  and  shall  also notify immediately the duly constituted police
    29  authorities of the locality.
    30    (b) Whenever the director of community services or his or her designee
    31  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
    32  division  of  criminal  justice  services shall convey such information,
    33  whenever it determines that the person named in the report  possesses  a
    34  license  issued  pursuant  to this section, to the appropriate licensing
    35  official, who shall issue an order suspending or revoking such license.
    36    (c) In any instance in  which  a  person's  license  is  suspended  or
    37  revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
    38  shall surrender such license to the appropriate licensing  official  and
    39  any  and  all  firearms,  rifles, or shotguns owned or possessed by such
    40  person shall be surrendered to an appropriate law enforcement agency  as
    41  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
    42  section 265.20 of this chapter. In  the  event  such  license,  firearm,
    43  shotgun,  or  rifle  is not surrendered, such items shall be removed and
    44  declared a nuisance and any  police  officer  or  peace  officer  acting
    45  pursuant  to  his  or her special duties is authorized to remove any and
    46  all such weapons.
    47    12. Records required of gunsmiths and dealers in  firearms.  [Any]  In
    48  addition  to the requirements set forth in article thirty-nine-BB of the
    49  general business law, any person  licensed  as  gunsmith  or  dealer  in
    50  firearms  shall  keep  a  record book approved as to form, except in the
    51  city of New York, by the superintendent of state police. In  the  record
    52  book  shall  be  entered  at  the  time of every transaction involving a
    53  firearm the date, name, age, occupation and residence of any person from
    54  whom a firearm is received or to whom a firearm is  delivered,  and  the
    55  calibre, make, model, manufacturer's name and serial number, or if none,
    56  any  other distinguishing number or identification mark on such firearm.

        A. 1054--B                          8
     1  Before delivering a firearm to any person, the  licensee  shall  require
     2  him  to  produce  either  a license valid under this section to carry or
     3  possess the same, or proof of  lawful  authority  as  an  exempt  person
     4  pursuant  to  section 265.20 of this chapter and either (a) the National
     5  Instant Criminal Background Check System (NICS)  or  its  successor  has
     6  issued a "proceed" response to the licensee, or (b) thirty calendar days
     7  have  elapsed  since  the date the licensee contacted NICS to initiate a
     8  national instant criminal background check and NICS has not notified the
     9  licensee that the transfer of the  firearm  to  such  person  should  be
    10  denied. In addition, before delivering a firearm to a peace officer, the
    11  licensee  shall  verify that person's status as a peace officer with the
    12  division of state police. After completing the foregoing,  the  licensee
    13  shall remove and retain the attached coupon and enter in the record book
    14  the  date  of  such  license,  number, if any, and name of the licensing
    15  officer, in the case of the holder of a license to carry or possess,  or
    16  the  shield  or other number, if any, assignment and department, unit or
    17  agency, in the case of an exempt person. The original transaction report
    18  shall be forwarded to the division of state police within  ten  days  of
    19  delivering  a  firearm to any person, and a duplicate copy shall be kept
    20  by the licensee. The superintendent of state police may  designate  that
    21  such  record  shall  be  completed and transmitted in electronic form. A
    22  dealer may be granted a waiver from transmitting such records  in  elec-
    23  tronic form if the superintendent determines that such dealer is incapa-
    24  ble  of  such transmission due to technological limitations that are not
    25  reasonably within the  control  of  the  dealer,  or  other  exceptional
    26  circumstances  demonstrated  by the dealer, pursuant to a process estab-
    27  lished in regulation, and  at  the  discretion  of  the  superintendent.
    28  Records assembled or collected for purposes of inclusion in the database
    29  created  pursuant to section 400.02 of this article shall not be subject
    30  to disclosure pursuant to article six of the public  officers  law.  The
    31  record  book shall be maintained on the premises mentioned and described
    32  in the license and shall be open at all reasonable hours for  inspection
    33  by  any  peace officer, acting pursuant to his special duties, or police
    34  officer. In the event of cancellation or revocation of the  license  for
    35  gunsmith  or  dealer  in  firearms,  or  discontinuance of business by a
    36  licensee, such record book  shall  be  immediately  surrendered  to  the
    37  licensing officer in the city of New York, and in the counties of Nassau
    38  and  Suffolk,  and  elsewhere  in the state to the executive department,
    39  division of state police.
    40    § 5. Severability. If any clause, sentence, paragraph, section or part
    41  of this act shall be adjudged by any court of competent jurisdiction  to
    42  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    43  remainder thereof, but shall be confined in its operation to the clause,
    44  sentence, paragraph, section or part thereof directly  involved  in  the
    45  controversy in which such judgment shall have been rendered.
    46    §  6.  This  act shall take effect on the ninetieth day after it shall
    47  have become a law; provided that the superintendent of the  division  of
    48  state police is authorized and directed to immediately adopt, amend, and
    49  promulgate  such rules and regulations as may be necessary and desirable
    50  to effectuate the purposes of section two of this act.
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