New York State Assembly

 
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A02406 Summary:

A02406 Actions:

A02406 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:03/05/2018AYE/NAY:20/1  Action: Favorable refer to committee Rules        
Lentol
Aye
Curran
Aye
Schimminger
Nay
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Excused
Hevesi
Aye
Fahy
Aye
Seawright
Aye

Committee:RULES   Chair:Heastie      
DATE:03/06/2018AYE/NAY:20/5  Action: Favorable         
Heastie
Aye
Kolb
Excused
Gottfried
Excused
Oaks
Nay
Lentol
Aye
Butler
Nay
Gantt
Excused
Crouch
Nay
Nolan
Excused
Finch
Excused
Weinstein
Aye
Barclay
Nay
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Nay
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye

A02406 Floor Votes:

A02406 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2406
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, GALEF, GOTTFRIED, MOSLEY,
          SIMON, JAFFEE, BLAKE, HOOPER, BUCHWALD, ABINANTI, OTIS, STECK --  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 1 of the laws of 2013, is amended to read as follows:
     3    12.  Records required of gunsmiths and dealers in firearms. Any person
     4  licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
     5  approved  as to form, except in the city of New York, by the superinten-
     6  dent of state police. In the record book shall be entered at the time of
     7  every transaction involving a firearm the date,  name,  age,  occupation
     8  and residence of any person from whom a firearm is received or to whom a
     9  firearm  is delivered, and the calibre, make, model, manufacturer's name
    10  and serial number, or if none, any other distinguishing number or  iden-
    11  tification  mark  on  such  firearm.  Before delivering a firearm to any
    12  person, the licensee shall require him to produce either a license valid
    13  under this section to carry or possess the  same,  or  proof  of  lawful
    14  authority as an exempt person pursuant to section 265.20 of this chapter
    15  and  either  (a)  the  National Instant Criminal Background Check System
    16  (NICS) or its successor has issued a "proceed" response to the licensee,
    17  or (b) ten business days  have  elapsed  since  the  date  the  licensee
    18  contacted  NICS to initiate a national instate criminal background check
    19  and NICS has not notified the licensee that the transfer of the  firearm
    20  to  such  person  should  be  denied.   In addition, before delivering a
    21  firearm to a peace officer, the  licensee  shall  verify  that  person's
    22  status  as  a  peace  officer  with  the division of state police. After
    23  completing the foregoing, the  licensee  shall  remove  and  retain  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01251-01-7
        A. 2406                             2
 
     1  attached  coupon  and enter in the record book the date of such license,
     2  number, if any, and name of the licensing officer, in the  case  of  the
     3  holder  of a license to carry or possess, or the shield or other number,
     4  if  any,  assignment  and  department, unit or agency, in the case of an
     5  exempt person. The original transaction report shall be forwarded to the
     6  division of state police within ten days of delivering a firearm to  any
     7  person,  and  a duplicate copy shall be kept by the licensee. The super-
     8  intendent of state police  may  designate  that  such  record  shall  be
     9  completed  and transmitted in electronic form. A dealer may be granted a
    10  waiver from transmitting such records in electronic form if  the  super-
    11  intendent  determines that such dealer is incapable of such transmission
    12  due to technological limitations that  are  not  reasonably  within  the
    13  control  of  the dealer, or other exceptional circumstances demonstrated
    14  by the dealer, pursuant to a process established in regulation,  and  at
    15  the discretion of the superintendent. Records assembled or collected for
    16  purposes of inclusion in the database created pursuant to section 400.02
    17  of  this  article shall not be subject to disclosure pursuant to article
    18  six of the public officers law. The record book shall be  maintained  on
    19  the premises mentioned and described in the license and shall be open at
    20  all  reasonable hours for inspection by any peace officer, acting pursu-
    21  ant to his special duties, or police officer. In the event of  cancella-
    22  tion or revocation of the license for gunsmith or dealer in firearms, or
    23  discontinuance  of  business  by  a  licensee, such record book shall be
    24  immediately surrendered to the licensing officer  in  the  city  of  New
    25  York,  and  in  the counties of Nassau and Suffolk, and elsewhere in the
    26  state to the executive department, division of state police.
    27    § 2. The penal law is amended by adding a new section 400.20  to  read
    28  as follows:
    29  § 400.20 Waiting  period  in  connection  with the sale or transfer of a
    30             rifle or shotgun.
    31    When a national instant criminal background check is required pursuant
    32  to state or federal law to be conducted  through  the  National  Instant
    33  Criminal  Background  Check System (NICS) or its successor in connection
    34  with the sale or transfer of a rifle or shotgun to  any  person,  before
    35  delivering a rifle or shotgun to such person, either (a) NICS has issued
    36  a  "proceed"  response  to the seller or transferor, or (b) ten business
    37  days shall  have  elapsed  since  the  date  the  seller  or  transferor
    38  contacted  NICS to initiate a national instant criminal background check
    39  and NICS has not notified the seller or transferor that the transfer  of
    40  the rifle or shotgun to such person should be denied.
    41    §  3.  Subdivision  1  of  section 897 of the general business law, as
    42  added by chapter 189 of the laws of 2000, is amended to read as follows:
    43    1. A national instant criminal background check shall be conducted and
    44  no person shall sell or transfer a firearm, rifle or shotgun  at  a  gun
    45  show,  except  in  accordance  with  the provisions of 18 U.S.C. 922(t),
    46  provided that before delivering a  firearm,  rifle  or  shotgun  to  any
    47  person, either (a) the National Instant Criminal Background Check System
    48  (NICS) or its successor has issued a "proceed" response to the seller or
    49  transferor,  or  (b) ten business days shall have elapsed since the date
    50  the seller or transferor contacted NICS to initiate a  national  instant
    51  criminal  background  check  and  NICS  has  not  notified the seller or
    52  transferor that the transfer of the firearm, rifle or  shotgun  to  such
    53  person should be denied.
    54    §  4. Subdivisions 1 and 2 of section 898 of the general business law,
    55  as added by chapter 1 of the laws  of  2013,  are  amended  to  read  as
    56  follows:
        A. 2406                             3
 
     1    1.  In addition to any other requirements pursuant to state and feder-
     2  al  law,  all sales, exchanges or disposals of firearms, rifles or shot-
     3  guns shall be conducted in accordance  with  this  section  unless  such
     4  sale, exchange or disposal is conducted by a licensed importer, licensed
     5  manufacturer  or licensed dealer, as those terms are defined in 18 USC §
     6  922, when such sale, exchange or disposal is conducted pursuant to  that
     7  person's  federal firearms license or such sale, exchange or disposal is
     8  between members of  an  immediate  family.  When  a  sale,  exchange  or
     9  disposal  is  conducted pursuant to a person's federal firearms license,
    10  before delivering a firearm, rifle or shotgun to any person, either  (a)
    11  the  National  Instant  Criminal  Background  Check System (NICS) or its
    12  successor has issued a "proceed" response to the federal firearms licen-
    13  see, or (b) ten business days shall have  elapsed  since  the  date  the
    14  federal  firearms licensee contacted NICS to initiate a national instant
    15  criminal background check and NICS has not notified the federal firearms
    16  licensee that the transfer of the firearm,  rifle  or  shotgun  to  such
    17  person should be denied.  For purposes of this section, "immediate fami-
    18  ly" shall mean spouses, domestic partners, children and step-children.
    19    2.  Before  any sale, exchange or disposal pursuant to this article, a
    20  national instant criminal background check must be completed by a dealer
    21  who consents to conduct such check, and upon completion  of  such  back-
    22  ground  check,  shall  complete  a  document, the form of which shall be
    23  approved by the superintendent of  state  police,  that  identifies  and
    24  confirms that such check was performed.  Before a dealer who consents to
    25  conduct a national instant criminal background check delivers a firearm,
    26  rifle  or  shotgun  to  any  person,  either (a) NICS issued a "proceed"
    27  response to the dealer, or (b) ten  business  days  shall  have  elapsed
    28  since  the date the dealer contacted NICS to initiate a national instant
    29  criminal background check and NICS has not notified the dealer that  the
    30  transfer  of  the  firearm,  rifle  or  shotgun to such person should be
    31  denied.
    32    § 5. This act shall take effect on the sixtieth  day  after  it  shall
    33  have become a law.