senate Bill S1863A

Relates to licenses to carry, possess, repair and dispose of firearms

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 12 / Sep / 2012
    • AMEND AND RECOMMIT TO CODES
  • 12 / Sep / 2012
    • PRINT NUMBER 1863A

Summary

Requires the police authority in the locality where an application is made for a license to carry, possess, repair and dispose of firearms to conduct a search of the National Instant Criminal Background Check System (NICS).

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Bill Details

Versions:
S1863
S1863A
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S3478

Sponsor Memo

BILL NUMBER:S1863A

TITLE OF BILL:
An act to amend the penal law, in relation to licenses to carry,
possess, repair and dispose of firearms

PURPOSE OF THE BILL:
This legislation will conform New York State law to current ATF require-
ments regarding background checks for firearms transfers.

SUMMARY OF SPECIFIC PROVISIONS:
§ 1- Amends subdivision 4 of § 400.00 of the Penal Law.

§ 2- Effective date.

JUSTIFICATION:
In 1998, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
sent an Open Letter to all New York State Federal Firearms Licensees
(FFLS) advising them that New York State licenses to carry and possess
handguns would qualify as an alternative to the National Instant Crimi-
nal Background Check System (NICS) background check required under the
Brady Law. In 2004, the ATF began reviewing the background check
requirements of all States that had permits that qualified as alterna-
tives to NICS and has since deemed that New York licenses to carry and
possess handguns no longer qualify as a NICS check alternative.

This legislation will require that along with all other requirements
stipulated under law, including other state and federal background
checks, that a NICS background check also be performed on an individual
wishing to obtain a handgun license.

PRIOR LEGISLATIVE HISTORY:
2007-2008: A.6378. Similar to the intent of A.3195/S.282 of 2005-2006.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1863--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to  be  committed to the Committee on Codes -- recommitted to
  the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the  penal  law,  in  relation  to  licenses  to  carry,
  possess, repair and dispose of firearms

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of  section  400.00  of  the  penal  law,  as
amended  by  chapter  331  of  the  laws  of 2005, is amended to read as
follows:
  4. Investigation. Before a license is issued or renewed,  there  shall
be an investigation of all statements required in the application by the
duly  constituted police authorities of the locality where such applica-
tion is made. For that purpose, the records of the appropriate office of
the department of mental hygiene concerning previous or  present  mental
illness of the applicant shall be available for inspection by the inves-
tigating  officer  of the police authority.  THE POLICE AUTHORITY IN THE
LOCALITY WHERE THE APPLICATION IS MADE SHALL CONDUCT  A  SEARCH  OF  THE
NATIONAL  INSTANT  CRIMINAL  BACKGROUND CHECK SYSTEM (NICS). In order to
ascertain any previous criminal record, the investigating officer  shall
take  the fingerprints and physical descriptive data in quadruplicate of
each individual by whom the application  is  signed  and  verified.  Two
copies of such fingerprints shall be taken on standard fingerprint cards
eight  inches  square,  and one copy may be taken on a card supplied for
that purpose by the federal bureau of investigation; provided,  however,
that in the case of a corporate applicant that has already been issued a
dealer  in firearms license and seeks to operate a firearm dealership at
a second or subsequent location, the original fingerprints on  file  may
be  used  to  ascertain  any criminal record in the second or subsequent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06350-02-2

S. 1863--A                          2

application unless any of the corporate officers have changed since  the
prior  application, in which case the new corporate officer shall comply
with procedures governing an initial application for such license.  When
completed,  one  standard card shall be forwarded to and retained by the
division of criminal justice services in the  executive  department,  at
Albany.  A search of the files of such division and written notification
of the results of the search to the investigating officer shall be  made
without  unnecessary delay.   Thereafter, such division shall notify the
licensing officer  and  the  executive  department,  division  of  state
police,  Albany,  of  any criminal record of the applicant filed therein
subsequent to the search of its files. A second standard  card,  or  the
one supplied by the federal bureau of investigation, as the case may be,
shall  be forwarded to that bureau at Washington with a request that the
files of the bureau be searched and notification of the results  of  the
search  be  made  to  the investigating police authority. The failure or
refusal of the federal bureau of investigation to make  the  fingerprint
check  provided  for in this section shall not constitute the sole basis
for refusal to issue  a  permit  pursuant  to  the  provisions  of  this
section. Of the remaining two fingerprint cards, one shall be filed with
the  executive  department, division of state police, Albany, within ten
days after issuance of the license, and the other remain  on  file  with
the   investigating  police  authority.  No  such  fingerprints  may  be
inspected by any person other than a peace officer, who is acting pursu-
ant to his special duties, or a police officer, except  on  order  of  a
judge or justice of a court of record either upon notice to the licensee
or  without  notice,  as the judge or justice may deem appropriate. Upon
completion of the investigation, the police authority shall  report  the
results to the licensing officer without unnecessary delay.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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