senate Bill S41

Amended

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals

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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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 23 / Jan / 2014
    • AMEND (T) AND RECOMMIT TO CODES
  • 23 / Jan / 2014
    • PRINT NUMBER 41A

Summary

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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Bill Details

Versions:
S41
S41A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
General Business Law
Laws Affected:
Ren Art 40 §§900 & 901 to be Art 50 §§1001 & 1002, add Art 40 §§900 - 911, amd §396-ee, Gen Bus L; amd §400.00, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S965
2009-2010: S1715A
2007-2008: S2404B

Sponsor Memo

BILL NUMBER:S41

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 shotguns 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 of the bill adds a new Article 40 to the General Business
Law to help prevent the sale of firearms, rifles and shotguns to
criminals. The new article contains thirteen sections as follows:

* Section 900 defines certain terms.
* Section 901 requires gun dealers to adopt reasonable measures to
prevent guns from being diverted from the legal stream of commerce to
individuals who are not legally entitled to purchase or possess such
weapons.
* Section 902 requires gun dealers to display and store weapons and
ammunition in a secure manner.
* Section 903 requires that retail dealers exclude persons under
eighteen from premises where firearms, rifles and shotguns are sold,
unless the minor is accompanied by a parent or guardian.
* Section 904 provides that a gun dealer may sell guns only at the
location listed on the dealer's federal firearms license or at gun
shows.
* Section 905 provides that all employees engaged in the retail sale
of guns must be at least 21 years of age and the retail dealer shall
provide adequate training to such employee.
* Section 906 specifies that certain actions must be taken before a
gun dealer may sell a firearm to a retail customer. The retail dealer
must: conduct the national instant criminal background check; show
the transferee proper uses and safety measures for 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; obtain the
transferee's signature on a form stating that the transferee has
received the instruction and notice required by this section; and
provide the transferee with an accurate description of the weapon.
* Section 907 sets forth record keeping requirements for gun dealers.
* Section 908 requires gun dealers to cooperate with government law
enforcement agencies.
* Section 909 requires gun dealers to establish internal compliance
procedures, and to certify compliance with the requirements of new
Article 40 on an annual basis and will allow for the
superintendent of state police to promulgate regulations establishing
periodic inspections of the premises of dealers to determine
compliance by the dealer of the article's requirements.
* Section 910 authorizes the Superintendent of State police to
promulgate regulations to prevent firearms, rifles and shotguns from
being diverted from the legal stream of commerce.


* Section 911 provides that a violation of new Article 40 is a class A
misdemeanor and a second violation within five years is a Class E
felony.

Section 3 of the bill amends General Business Law § 396-ee to make the
contents of the warning label which must be affixed to any rifle,
shotgun or firearm sold by a gun retailer consistent with the warning
language required in General Business Law § 907.

Sections 4 and 5 of the bill amend Penal Law § 400.00 to add
cross-references to the General Business Law.

Section 6 of the bill provides a severability provision.

Section 7 of the bill contains the effective date.

JUSTIFICATION:
Firearms are used to kill over 30,000 individuals in the United States
every year, including over 1,000 individuals in New York State alone,
and also cause hundreds of thousands of non-fatal injuries. Firearm
violence also causes millions of dollars in economic costs, as well
as incalculable emotional damage that is devastating to families and
communities throughout the country.

There is a thriving underground market for illegal firearms, largely
driven by demand from drug gangs and other criminals. In 2001,
approximately 12,000 illegal firearms, rifles and shotguns were
seized in New York State. An overwhelming number of illegal guns
originate from within the state. According to a 2000 Federal Bureau
of Alcohol Tobacco and Firearms (ATF) study, 79% of crime guns found
in Buffalo, New York originated from within the same county, with
another 14% that originated from an adjacent county. A substantial
portion of illegal firearms are diverted to the illegal market
through licensed gun dealers. For example, "straw purchasers"
purchase firearms on behalf of others from licensed and unlicensed
sellers, and transfer those firearms either to prohibited purchasers
or to other unlicensed sellers. The ATF conducted an investigation
of gun trafficking from July 1996 to December 1998, and found that
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 undertaken 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
trafficked firearms documented during the two-year period of ATF's
investigation. Though the ATF strives to inspect FFLs to ensure
compliance with federal firearms laws, in reality, ATF workload data
shows that in 2002, they conducted only 4.5% of the approximately
104,000 FFL compliance inspections nationwide. At that rate, it would
take the ATF more than twenty-two years to inspect all FFLs.

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 hill 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 on the dealer's federal firearms license
or at gun shows;
(3) requires that all dealer employees making retail gun sales must he
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 liability
insurance; (7) requires gun dealers to maintain sales records; (8)
requires gun dealers to cooperate with investigations by government
law enforcement agencies; and (9) 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 requirements 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 needless injuries caused by use of
illegal weapons.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.965
2010: S.1715-A Referred to Codes; A.1093-A Passed Assembly
2007-2008: S.2404-B Referred to Codes; A.6525-A Passed Assembly
2005-2006: S.2944 Referred to Codes; A.4958 Referred to Codes
2003-2004: S.5420 Referred to Codes; A.7002-A Referred to Codes
2001: A.9255-A Ordered to Third Reading

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 injuries.

EFFECTIVE DATE:
The bill takes effect on the ninetieth day after it shall have become
a law; provided that the superintendent of the division 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 purpose of section two of this act.

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

                                   41

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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:

  Section 1. Legislative findings and declaration. The legislature here-
by finds and declares as follows:
  1. Firearms, rifles and shotguns are used to kill nearly 30,000  indi-
viduals  in the United States every year, including 1,000 individuals in
New York state alone. Additionally, there are 100,000 non-fatal injuries
across the country. The federal  government  has  largely  ignored  this
public  health  crisis and has left it up to state and local governments
to protect its citizens. Firearm violence also costs millions of dollars
and causes  incalculable  emotional  damage,  devastating  families  and
communities  throughout  the country.   Therefore, the state of New York
has a strong interest in reducing violence and crimes that  involve  the
use  of  firearms  and the illegal trafficking of firearms. Illegal guns
obtained throughout the state end up in the hands  of  criminals,  youth
and violent individuals who use them to threaten, maim and kill.
  2. There is a thriving underground market for illegal firearms, large-
ly  driven by demand from drug gangs and other criminals. A highly effi-
cient and continuous business practice  exists  in  which  firearms  are
moved  from  legal manufacture and sale to prohibited purchasers, making
them illegal firearms. In 2001, approximately 12,000  illegal  firearms,
rifles  and  shotguns were seized in New York state.  From November 2000
to April 2002, 2,700 crime guns were entered into the  state  crime  gun
database.  In 2008, according to a review by the federal bureau of alco-
hol,  tobacco, firearms, and explosives (ATF) of trace data compiled for
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.
                                                           LBD00353-01-3

S. 41                               2

Syracuse,  Long  Island  and  New  York  City  that calendar year, 9,558
firearms were submitted to be traced, 2,659 of  which  were  long  guns.
Outside  New  York  City, long guns are sold without a permit. Forty-six
percent  of  the  firearms recovered in 2008 were found outside New York
City.  A significant portion of guns involved in crimes  upstate  origi-
nate  within the state. In fact, youth data reveals that in 2000, 40% of
the crime guns in Buffalo originated within a five-mile radius  of  that
city.
  3. A substantial portion of illegal firearms are diverted to the ille-
gal  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 investi-
gation of gun trafficking from July 1996 to December 1998 and found that
almost 26,000 trafficked firearms were associated with investigations in
which there was a straw purchaser. Almost 50% of all trafficking  inves-
tigations  involved  straw  purchasers,  with  an average of 37 firearms
trafficked per investigation.  Another issue, according to a 2008 report
by Mayors Against Illegal Guns, Inside Straw Purchasing:  How  Criminals
Get  Guns  Illegally,  is that many traffickers return to the same store
again and again once they have identified it as one in  which  they  can
make  straw  purchases easily.   Although most gun dealers operate their
businesses legally and responsibly, some gun dealers who are corrupt  or
maintain  shoddy  recordkeeping practices flood the streets with illegal
weapons as a result of their unrestricted access to  new  gun  inventory
and  the unwillingness of gun manufacturers to terminate their supply to
these rogue dealers. Current federal and state regulation has not curbed
the business practice of illegal gun dealers. According to a 2004  study
by  Americans  for Gun Safety, of the 120 worst gun dealers in the coun-
try, namely those dealers with an average of 500 crime  guns  traced  to
them, 96 were still in operation.
  4.  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
trafficked  firearms  documented  during  the  two-year  period of ATF's
investigation.  Additionally, a 2008 report by  Mayors  Against  Illegal
Guns  indicated  that  several  states  which allow state authorities to
supplement the federal ATF inspections 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.
  5. Current New York state laws governing firearm  dealers  are  inade-
quate  to  prevent the diversion of firearms to the illegal marketplace.
Additional protections that are needed include, but are not limited  to,
better  gun dealer internal compliance procedures, programs to eliminate
straw purchases, increased liability insurance, improved security  meas-
ures,  reducing  youth access, mandatory training for gun dealer employ-
ees, and improved recordkeeping requirements. The additional protections
set forth in this act will greatly enhance the state's efforts to reduce
criminal activity in the state.
  S 2. Article 40 and sections 900 and 901 of the general business  law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article

S. 41                               3

50  and  sections 1001 and 1002 and a new article 40 is added to read as
follows:
                                ARTICLE 40
                    PREVENTING THE SALE OF FIREARMS,
                    RIFLES, AND SHOTGUNS TO CRIMINALS
SECTION 900. DEFINITIONS.
        901. REASONABLE MEASURES TO PREVENT SALES AND
                TRANSFERS TO CRIMINALS.
        902. SECURITY.
        903. ACCESS TO FIREARMS, RIFLES AND SHOTGUNS.
        904. LOCATION OF FIREARM, RIFLE AND SHOTGUN SALES.
        905. EMPLOYEE TRAINING.
        906. RETAIL SALES OF FIREARMS, RIFLES AND SHOTGUNS.
        907. MAINTENANCE OF RECORDS.
        908. COOPERATION WITH LAW ENFORCEMENT.
        909. INTERNAL COMPLIANCE AND CERTIFICATION.
        910. RULES AND REGULATIONS.
        911. VIOLATIONS.
  S 900. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "DEALER"  MEANS  ANY  PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY
COMPANY, CORPORATION  OR  COMPANY  WHICH  ENGAGES  IN  THE  BUSINESS  OF
PURCHASING, SELLING, KEEPING FOR SALE, LENDING, LEASING OR IN ANY MANNER
DISPOSING OF ANY FIREARM, RIFLE OR SHOTGUN.
  2.  "DISPOSE  OF"  MEANS  TO DISPOSE OF, GIVE, GIVE AWAY, LEASE, LEND,
KEEP FOR SALE, OFFER,  OFFER  FOR  SALE,  SELL,  TRANSFER  OR  OTHERWISE
DISPOSE OF.
  3.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
  4. "FIREARM EXHIBITOR" MEANS ANY PERSON,  FIRM,  PARTNERSHIP,  LIMITED
LIABILITY  COMPANY,  CORPORATION OR COMPANY THAT EXHIBITS, SELLS, OFFERS
FOR SALE, TRANSFERS OR EXCHANGES FIREARMS, RIFLES OR SHOTGUNS AT  A  GUN
SHOW.
  5.  "GUN SHOW" MEANS AN EVENT SPONSORED, WHETHER FOR PROFIT OR NOT, BY
AN INDIVIDUAL, NATIONAL, STATE OR LOCAL  ORGANIZATION,  ASSOCIATION,  OR
OTHER ENTITY DEVOTED TO THE COLLECTION, COMPETITIVE USE, SPORTING USE OR
ANY  OTHER  LEGAL  USE  OF  FIREARMS, RIFLES OR SHOTGUNS, OR AN EVENT AT
WHICH: (A) TWENTY PERCENT OR MORE OF THE TOTAL NUMBER OF EXHIBITORS  ARE
FIREARM  EXHIBITORS;  (B) TEN OR MORE FIREARM EXHIBITORS ARE PARTICIPAT-
ING; (C) A TOTAL OF TWENTY-FIVE OR MORE PISTOLS OR REVOLVERS ARE OFFERED
FOR SALE OR TRANSFER; OR (D) A TOTAL OF FIFTY OR MORE  FIREARMS,  RIFLES
OR  SHOTGUNS ARE OFFERED FOR SALE OR TRANSFER. THE TERM "GUN SHOW" SHALL
INCLUDE ANY BUILDING, STRUCTURE OR FACILITY WHERE  FIREARMS,  RIFLES  OR
SHOTGUNS  ARE  OFFERED  FOR  SALE  OR  TRANSFER, AND ANY GROUNDS USED IN
CONNECTION WITH THE EVENT.
  6. "RETAIL DEALER" MEANS ANY DEALER ENGAGED IN THE RETAIL BUSINESS  OF
SELLING FIREARMS, RIFLES OR SHOTGUNS.
  7. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
  8.  "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
  9. "STRAW PURCHASE" MEANS THE PURCHASE OR ATTEMPT  TO  PURCHASE  BY  A
PERSON  OF  A FIREARM, RIFLE OR SHOTGUN FOR, ON BEHALF OF OR FOR THE USE
OF ANOTHER PERSON, KNOWING THAT IT WOULD  BE  UNLAWFUL  FOR  SUCH  OTHER
PERSON  TO POSSESS SUCH FIREARM, RIFLE OR SHOTGUN, OR AN ATTEMPT TO MAKE
SUCH A PURCHASE.

S. 41                               4

  10. "STRAW PURCHASER" MEANS A PERSON WHO, KNOWING  THAT  IT  WOULD  BE
UNLAWFUL  FOR  ANOTHER  PERSON  TO  POSSESS A FIREARM, RIFLE OR SHOTGUN,
PURCHASES OR ATTEMPTS TO PURCHASE A FIREARM, RIFLE OR  SHOTGUN  FOR,  ON
BEHALF OF OR FOR THE USE OF SUCH OTHER PERSON.
  11. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
  S  901.  REASONABLE  MEASURES TO PREVENT SALES AND TRANSFERS TO CRIMI-
NALS.  EVERY DEALER SHALL ADOPT REASONABLE MEASURES TO PREVENT FIREARMS,
RIFLES AND SHOTGUNS  FROM  BEING  DIVERTED  FROM  THE  LEGAL  STREAM  OF
COMMERCE,  INTENTIONALLY  OR  OTHERWISE,  FOR  LATER  SALE,  TRANSFER OR
DISPOSAL TO INDIVIDUALS NOT LEGALLY ENTITLED TO PURCHASE OR POSSESS SUCH
WEAPONS. SUCH MEASURES SHALL  INCLUDE,  BUT  NEED  NOT  BE  LIMITED  TO,
PROGRAMS  TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE THWART
ILLEGAL GUN  TRAFFICKING.  THE  SUPERINTENDENT  SHALL  DEVELOP  PROGRAMS
DESIGNED  TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE THWART
ILLEGAL GUN TRAFFICKING. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
ARTICLE, THE SUPERINTENDENT SHALL SUBMIT A  REPORT  TO  THE  LEGISLATURE
DETAILING SUCH PROGRAMS, INCLUDING ESTABLISHING MINIMUM REQUIREMENTS FOR
SUCH PROGRAMS.
  S  902.  SECURITY.  EVERY  DEALER  SHALL IMPLEMENT A SECURITY PLAN FOR
SECURING FIREARMS, RIFLES AND SHOTGUNS, INCLUDING FIREARMS,  RIFLES  AND
SHOTGUNS IN SHIPMENT. EACH SUCH PLAN MUST SATISFY AT LEAST THE FOLLOWING
REQUIREMENTS:
  1.  DISPLAY  CASES SHALL BE LOCKED AT ALL TIMES EXCEPT WHEN REMOVING A
SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW A CUSTOMER, AND CUSTOMERS SHALL
HANDLE FIREARMS, RIFLES OR SHOTGUNS ONLY UNDER THE DIRECT SUPERVISION OF
AN EMPLOYEE;
  2. ALL FIREARMS, RIFLES AND SHOTGUNS  SHALL  BE  SECURED,  OTHER  THAN
DURING  BUSINESS  HOURS,  IN  A  LOCKED  FIREPROOF  SAFE OR VAULT IN THE
LICENSEE'S BUSINESS PREMISES OR IN A SIMILAR SECURED  AND  LOCKED  AREA;
AND
  3. AMMUNITION SHALL BE STORED SEPARATELY FROM THE FIREARMS, RIFLES AND
SHOTGUNS AND OUT OF REACH OF THE CUSTOMERS.
  S  903.  ACCESS  TO FIREARMS, RIFLES AND SHOTGUNS. EVERY RETAIL DEALER
SHALL EXCLUDE ALL  PERSONS  UNDER  EIGHTEEN  YEARS  OF  AGE  FROM  THOSE
PORTIONS  OF ITS PREMISES WHERE FIREARMS, RIFLES, SHOTGUNS OR AMMUNITION
ARE STOCKED OR SOLD, UNLESS SUCH PERSON IS ACCOMPANIED BY  A  PARENT  OR
GUARDIAN.
  S  904.  LOCATION  OF  FIREARM,  RIFLE AND SHOTGUN SALES. EVERY DEALER
SHALL SELL OR OTHERWISE DISPOSE OF FIREARMS, RIFLES AND SHOTGUNS ONLY AT
THE LOCATION LISTED ON THE DEALER'S FEDERAL FIREARMS LICENSE OR  AT  GUN
SHOWS.
  S  905.  EMPLOYEE TRAINING. EVERY RETAIL DEALER SHALL PROVIDE TRAINING
TO ALL EMPLOYEES AND OTHER PERSONNEL  ENGAGED  IN  THE  RETAIL  SALE  OF
FIREARMS, RIFLES AND SHOTGUNS RELATING TO:
  1.  THE  LAW GOVERNING FIREARM, RIFLE AND SHOTGUN TRANSFERS BY FEDERAL
FIREARMS LICENSEES AND INDIVIDUALS;
  2. HOW TO RECOGNIZE STRAW PURCHASES AND  OTHER  ATTEMPTS  TO  PURCHASE
FIREARMS, RIFLES OR SHOTGUNS ILLEGALLY;
  3.  HOW  TO  TEACH  CONSUMERS  RULES  OF GUN SAFETY, INCLUDING BUT NOT
LIMITED TO THE SAFE HANDLING AND STORAGE OF FIREARMS, RIFLES  AND  SHOT-
GUNS; AND
  4.  HOW  TO COMPLY WITH PROVISIONS OF SECTION NINE HUNDRED SIX OF THIS
ARTICLE.
  NO EMPLOYEE OR AGENT OF ANY RETAIL DEALER  SHALL  PARTICIPATE  IN  THE
SALE  OR  DISPOSITION OF FIREARMS, RIFLES OR SHOTGUNS UNLESS SUCH PERSON
IS AT LEAST TWENTY-ONE YEARS OF AGE AND HAS FIRST RECEIVED THE  TRAINING

S. 41                               5

REQUIRED  BY  THIS  SECTION.  THE  SUPERINTENDENT SHALL PROMULGATE REGU-
LATIONS SETTING  FORTH  MINIMUM  REQUIREMENTS  FOR  THE  MAINTENANCE  OF
RECORDS OF SUCH TRAINING.
  S  906.  RETAIL  SALES  OF FIREARMS, RIFLES AND SHOTGUNS. 1. NO RETAIL
DEALER SHALL SELL, DELIVER, LEASE OR  TRANSFER  ANY  FIREARM,  RIFLE  OR
SHOTGUN  TO  ANY  RETAIL  CUSTOMER  UNLESS  SUCH  RETAIL DEALER HAS: (A)
CONDUCTED THE REQUIRED NATIONAL INSTANT CRIMINAL  BACKGROUND  CHECK  AND
COMPLIED  WITH  THE PROVISIONS OF 18 U.S.C. 922(T); (B) SHOWN THE TRANS-
FEREE HOW TO LOAD AND UNLOAD THE  FIREARM,  RIFLE  OR  SHOTGUN,  HOW  TO
ENGAGE  AND  DISENGAGE  ALL  SAFETY DEVICES, AND HOW TO SAFELY STORE THE
WEAPON; (C) PROVIDED  THE  TRANSFEREE  WITH  A  GUN  LOCKING  DEVICE  AS
REQUIRED  BY  SECTION  THREE  HUNDRED NINETY-SIX-EE OF THIS CHAPTER; (D)
PROVIDED THE TRANSFEREE WITH A COPY OF THE SAFE STORAGE  WARNING  NOTICE
SET  FORTH  IN SUBDIVISION TWO OF THIS SECTION AND A COPY OF THE FEDERAL
BUREAU OF ALCOHOL,  TOBACCO,  FIREARMS  AND  EXPLOSIVES  DISPOSITION  OF
FIREARMS  NOTICE;  (E)  OBTAINED  THE  TRANSFEREE'S  SIGNATURE ON A FORM
PROMULGATED BY THE SUPERINTENDENT CERTIFYING  THAT  THE  TRANSFEREE  HAS
RECEIVED  THE  INSTRUCTION  AND NOTICE REQUIRED BY THIS SECTION; AND (F)
PROVIDED THE TRANSFEREE WITH A WRITTEN RECORD OF THE MAKE, MODEL,  CALI-
BER OR GAUGE, AND SERIAL NUMBER OF EACH FIREARM, RIFLE OR SHOTGUN TRANS-
FERRED TO ENABLE THE TRANSFEREE TO ACCURATELY DESCRIBE THE WEAPON TO LAW
ENFORCEMENT IN THE EVENT THAT IT IS SUBSEQUENTLY LOST OR STOLEN.
  2.  NO  RETAIL  DEALER  SHALL  SELL,  DELIVER,  LEASE  OR TRANSFER ANY
FIREARM, RIFLE OR SHOTGUN TO ANY PERSON UNLESS  AT  THE  TIME  OF  SALE,
DELIVERY,  LEASE  OR TRANSFER SUCH FIREARM, RIFLE OR SHOTGUN IS ACCOMPA-
NIED BY THE FOLLOWING WARNING, WHICH SHALL  APPEAR  IN  CONSPICUOUS  AND
LEGIBLE  TYPE  IN CAPITAL LETTERS, AND WHICH SHALL BE PRINTED ON A LABEL
AFFIXED TO SUCH FIREARM, RIFLE OR SHOTGUN AND PLACED IN THE CONTAINER IN
WHICH SUCH FIREARM, RIFLE OR  SHOTGUN  IS  SOLD,  DELIVERED,  LEASED  OR
TRANSFERRED:  "THE  USE  OF  A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE
ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS  SHOULD  BE  STORED  AND
LOCKED  IN  A  LOCATION  THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND
INACCESSIBLE TO CHILDREN  AND  OTHER  UNAUTHORIZED  PERSONS.  MORE  THAN
200,000  FIREARMS  LIKE THIS ONE ARE STOLEN FROM THEIR OWNERS EVERY YEAR
IN THE UNITED STATES. IN  ADDITION,  THERE  ARE  MORE  THAN  A  THOUSAND
SUICIDES  EACH  YEAR BY YOUNGER CHILDREN AND TEENAGERS WHO GET ACCESS TO
FIREARMS. HUNDREDS MORE DIE FROM ACCIDENTAL DISCHARGE. IT IS LIKELY THAT
MANY MORE CHILDREN SUSTAIN SERIOUS WOUNDS, OR INFLICT SUCH WOUNDS  ACCI-
DENTALLY  ON  OTHERS. IN ORDER TO LIMIT THE CHANCE OF SUCH MISUSE, IT IS
IMPERATIVE THAT YOU KEEP THIS WEAPON LOCKED IN A SECURE PLACE  AND  TAKE
OTHER  STEPS  NECESSARY  TO  LIMIT THE POSSIBILITY OF THEFT OR ACCIDENT.
FAILURE TO TAKE REASONABLE PREVENTIVE STEPS MAY RESULT IN INNOCENT LIVES
BEING LOST, AND IN SOME CIRCUMSTANCES MAY RESULT IN YOUR LIABILITY."
  S 907. MAINTENANCE OF RECORDS. EVERY DEALER SHALL ESTABLISH AND  MAIN-
TAIN  SUCH  PURCHASE,  SALE, INVENTORY AND OTHER RECORDS AT THE DEALER'S
PLACE OF BUSINESS IN SUCH FORM AND FOR SUCH PERIOD AS THE SUPERINTENDENT
SHALL REQUIRE, AND SHALL AT A MINIMUM INCLUDE THE FOLLOWING:
  1. EVERY DEALER SHALL RECORD THE MAKE, MODEL, CALIBER  OR  GAUGE,  AND
SERIAL  NUMBER OF ALL FIREARMS, RIFLES AND SHOTGUNS THAT ARE ACQUIRED OR
DISPOSED OF NOT LATER THAN ONE BUSINESS DAY AFTER THEIR  ACQUISITION  OR
DISPOSITION.  MONTHLY  BACKUPS OF THESE RECORDS SHALL BE MAINTAINED IN A
SECURE CONTAINER DESIGNED TO PREVENT LOSS BY FIRE, THEFT OR OTHER  MISH-
AP;
  2.  ALL FIREARMS, RIFLES AND SHOTGUNS ACQUIRED BUT NOT YET DISPOSED OF
MUST BE ACCOUNTED FOR THROUGH AN  INVENTORY  CHECK  PREPARED  ONCE  EACH
MONTH AND MAINTAINED IN A SECURE LOCATION;

S. 41                               6

  3.  FIREARM, RIFLE AND SHOTGUN SALES INFORMATION, INCLUDING THE SERIAL
NUMBERS OF FIREARMS, RIFLES AND SHOTGUNS SOLD, DATES OF SALE AND IDENTI-
TY OF PURCHASERS, SHALL BE MAINTAINED AND MADE AVAILABLE  TO  GOVERNMENT
LAW  ENFORCEMENT  AGENCIES  AND TO THE MANUFACTURER OF THE WEAPON OR ITS
DESIGNEE; AND
  4.  EVERY DEALER SHALL MAINTAIN RECORDS OF CRIMINAL FIREARM, RIFLE AND
SHOTGUN TRACES INITIATED BY THE  FEDERAL  BUREAU  OF  ALCOHOL,  TOBACCO,
FIREARMS  AND  EXPLOSIVES ("ATF"). ALL ATF FORM 4473 TRANSACTION RECORDS
SHALL BE RETAINED ON THE DEALER'S BUSINESS PREMISES IN A SECURE CONTAIN-
ER DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISHAP.
  S 908. COOPERATION WITH LAW ENFORCEMENT. EVERY DEALER SHALL:
  1. PROVIDE GOVERNMENT LAW ENFORCEMENT AGENCIES WITH FULL ACCESS TO ANY
DOCUMENTS RELATED TO THE ACQUISITION  AND  DISPOSITION  OF  FIREARMS  OR
EMPLOYEE TRAINING DEEMED NECESSARY BY SUCH AGENCY;
  2. PARTICIPATE IN AND COMPLY WITH ALL MONITORING OF FIREARM, RIFLE AND
SHOTGUN  DISTRIBUTION  BY  MANUFACTURERS  OR  GOVERNMENT LAW ENFORCEMENT
AGENCIES;
  3. REPORT ALL ATF TRACE REQUESTS BY MAKE, MODEL AND SERIAL  NUMBER  OF
FIREARM,  DATE  OF  TRACE,  AND  DATE OF SALE TO THE MANUFACTURER OF THE
FIREARM, RIFLE OR SHOTGUN ON A MONTHLY BASIS, UNLESS THE ATF DIRECTS THE
LICENSEE NOT TO REPORT CERTAIN TRACES, AND ALSO REPORT  SUCH  TRACES  TO
THE  SUPERINTENDENT  FOR USE IN CONJUNCTION WITH THE CRIMINAL GUN CLEAR-
INGHOUSE ESTABLISHED PURSUANT TO SECTION TWO HUNDRED THIRTY OF THE EXEC-
UTIVE LAW;
  4. ANALYZE ALL ATF TRACE REQUESTS TO  DETERMINE  WHETHER  THERE  IS  A
PATTERN  OF  FIREARMS,  RIFLES OR SHOTGUNS SOLD BY THE DEALER BEING USED
FOR CRIMINAL PURPOSES, AND, IF  SUCH  PATTERN  EXISTS,  TAKE  CORRECTIVE
ACTION AND REPORT SUCH FINDINGS AND SUCH CORRECTIVE ACTION TO THE SUPER-
INTENDENT; AND
  5.  REPORT ANY FIREARM, RIFLE OR SHOTGUN SALES THAT APPEAR TO BE STRAW
PURCHASES OR OTHERWISE CREATE A REASONABLE SUSPICION THAT  THE  FIREARM,
RIFLE OR SHOTGUN MAY BE DIVERTED FROM THE LEGAL STREAM OF COMMERCE.
  S 909. INTERNAL COMPLIANCE AND CERTIFICATION. 1. EVERY DEALER SHALL:
  (A)  IMPLEMENT  AND MAINTAIN SUFFICIENT INTERNAL COMPLIANCE PROCEDURES
TO ENSURE COMPLIANCE WITH THE  REQUIREMENTS  OF  THIS  ARTICLE  AND  ALL
APPLICABLE  FEDERAL,  STATE AND LOCAL LAWS AND REGULATIONS GOVERNING THE
SALE, TRANSFER AND DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS; AND
  (B) ANNUALLY CERTIFY  TO  THE  SUPERINTENDENT  THAT  SUCH  DEALER  HAS
COMPLIED  WITH  ALL OF THE REQUIREMENTS OF THIS ARTICLE. THE SUPERINTEN-
DENT SHALL BY REGULATION DETERMINE THE FORM AND CONTENT OF  SUCH  ANNUAL
CERTIFICATION.
  2.  THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS ESTABLISHING PERI-
ODIC INSPECTIONS, DURING REGULAR AND USUAL BUSINESS HOURS, BY THE  DIVI-
SION  OF  STATE  POLICE  OF  THE  PREMISES  OF EVERY DEALER TO DETERMINE
COMPLIANCE BY SUCH DEALER WITH THE REQUIREMENTS OF THIS  ARTICLE.  EVERY
DEALER  SHALL  PROVIDE  THE DIVISION OF STATE POLICE WITH FULL ACCESS TO
SUCH DEALER'S PREMISES FOR SUCH INSPECTIONS.
  S 910. RULES AND REGULATIONS. THE SUPERINTENDENT MAY  PROMULGATE  SUCH
ADDITIONAL RULES AND REGULATIONS AS THE SUPERINTENDENT SHALL DEEM NECES-
SARY  TO  PREVENT FIREARMS, RIFLES AND SHOTGUNS FROM BEING DIVERTED FROM
THE LEGAL STREAM OF COMMERCE.
  S 911. VIOLATIONS. ANY PERSON, FIRM  OR  CORPORATION  WHICH  KNOWINGLY
VIOLATES  ANY  PROVISION  OF  THIS  ARTICLE SHALL BE GUILTY OF A CLASS A
MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN THE PENAL LAW,  AND  SHALL  BE
GUILTY  OF A CLASS E FELONY FOR A SECOND VIOLATION OCCURRING WITHIN FIVE

S. 41                               7

YEARS OF A PRIOR CONVICTION FOR A VIOLATION OF  ANY  PROVISION  OF  THIS
ARTICLE.
  S  3.  Subdivision 1 of section 396-ee of the general business law, as
added by chapter 189 of the laws of 2000, is amended to read as follows:
  (1) No person, firm or corporation engaged in the retail  business  of
selling  rifles,  shotguns  or  firearms,  as  such terms are defined in
section 265.00 of the penal law, shall sell,  deliver  or  transfer  any
such  rifle,  shotgun or firearm to another person unless the transferee
is provided at the time of sale, delivery or transfer with a gun locking
device and a label containing the quoted language specified in  subdivi-
sion two of [this] section [is either] NINE HUNDRED SIX OF THIS CHAPTER,
WHICH  SHALL  APPEAR IN CONSPICUOUS AND LEGIBLE TYPE IN CAPITAL LETTERS,
AND SHALL BE affixed to such rifle, shotgun or firearm [or]  AND  placed
in the container in which such rifle, shotgun or firearm is sold, deliv-
ered  or  transferred.  For  the purposes of this section, the term "gun
locking device" shall mean an integrated design feature or an attachable
accessory that is resistant to tampering and is effective in  preventing
the discharge of such rifle, shotgun or firearm by a person who does not
have access to the key, combination or other mechanism used to disengage
the  device.  The  division of state police shall develop and promulgate
rules and regulations setting forth the specific devices or the  minimum
standards  and criteria therefor which constitute an effective gun lock-
ing device.
  S 4. Subdivision 1 of section 400.00 of the penal law, as  amended  by
chapter 189 of the laws of 2000, is amended to read as follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section  except  by  the licensing officer, and then only after investi-
gation and finding that all statements in a  proper  application  for  a
license  are  true.  No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however,  that
where  such  applicant  has  been  honorably  discharged from the United
States army, navy, marine corps,  air  force  or  coast  guard,  or  the
national  guard  of the state of New York, no such age restriction shall
apply; (b) of good moral character;  (c)  who  has  not  been  convicted
anywhere of a felony or a serious offense; (d) who has stated whether he
or  she  has  ever  suffered  any mental illness or been confined to any
hospital or institution, public or private, for mental illness; (e)  who
has  not had a license revoked or who is not under a suspension or inel-
igibility order issued pursuant to the provisions of section  530.14  of
the  criminal  procedure law or section eight hundred forty-two-a of the
family court act; (f) in the county of Westchester, who has successfully
completed a firearms safety course and test as evidenced  by  a  certif-
icate  of completion issued in his or her name and endorsed and affirmed
under the penalties of perjury by a duly authorized  instructor,  except
that:  (i)  persons  who are honorably discharged from the United States
army, navy, marine corps or coast guard, or of the national guard of the
state of New York, and produce evidence  of  official  qualification  in
firearms  during  the term of service are not required to have completed
those hours of a firearms safety course  pertaining  to  the  safe  use,
carrying,  possession,  maintenance  and  storage of a firearm; and (ii)
persons who were licensed to possess a pistol or revolver prior  to  the
effective  date  of  this paragraph are not required to have completed a
firearms safety course and test; and (g) concerning whom no  good  cause
exists  for  the  denial  of  the license. No person shall engage in the
business of gunsmith or dealer in firearms unless licensed  pursuant  to
this  section,  AND  NO PERSON SHALL ENGAGE IN THE BUSINESS OF DEALER IN

S. 41                               8

FIREARMS UNLESS SUCH PERSON COMPLIES WITH  THE  PROVISIONS  OF  ARTICLES
THIRTY-NINE-DD  AND  FORTY  OF THE GENERAL BUSINESS LAW. An applicant to
engage in such business shall also be a citizen of  the  United  States,
more  than  twenty-one  years of age and maintain a place of business in
the city or county where the license is issued. For  such  business,  if
the applicant is a firm or partnership, each member thereof shall comply
with  all  of  the requirements set forth in this subdivision and if the
applicant is a corporation, each officer thereof shall so comply.
  S 5. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
vision 11 as amended by chapter 210 of the laws of 1999 and  subdivision
12 as amended by chapter 449 of the laws of 1993, are amended to read as
follows:
  11.  License:  revocation and suspension. The conviction of a licensee
anywhere of a felony or serious offense shall operate as a revocation of
the license. A license may be revoked or suspended as  provided  for  in
section  530.14  of  the criminal procedure law or section eight hundred
forty-two-a of the family court act. Except for a license issued  pursu-
ant  to  section  400.01  of  this article, a license may be revoked and
cancelled at any time in the city of New York, and in  the  counties  of
Nassau  and Suffolk, by the licensing officer, and elsewhere than in the
city of New York by any judge or justice of a court of record; a license
issued pursuant to section 400.01 of this article  may  be  revoked  and
cancelled  at  any time by the licensing officer or any judge or justice
of a court of record.  A LICENSE TO ENGAGE IN THE BUSINESS OF DEALER MAY
BE REVOKED OR SUSPENDED FOR ANY VIOLATION OF THE PROVISIONS  OF  ARTICLE
THIRTY-NINE-DD OR FORTY OF THE GENERAL BUSINESS LAW. The official revok-
ing  a  license  shall  give  written notice thereof without unnecessary
delay to the executive department, division of state police, Albany, and
shall also notify immediately the duly constituted police authorities of
the locality.
  12. Records required of gunsmiths and dealers in  firearms.  [Any]  IN
ADDITION  TO  THE  REQUIREMENTS SET FORTH IN ARTICLES THIRTY-NINE-DD AND
FORTY OF THE GENERAL BUSINESS LAW, ANY person licensed  as  gunsmith  or
dealer  in firearms shall keep a record book approved as to form, except
in the city of New York, by the superintendent of state police.  In  the
record  book shall be entered at the time of every transaction involving
a firearm the date, name, age, occupation and residence  of  any  person
from  whom  a firearm is received or to whom a firearm is delivered, and
the calibre, make, model, manufacturer's name and serial number,  or  if
none,  any  other  distinguishing  number or identification mark on such
firearm. Before delivering a firearm to any person, the  licensee  shall
require  him  to  produce  either  a license valid under this section to
carry or possess the same, or proof of lawful  authority  as  an  exempt
person  pursuant  to section 265.20 OF THIS CHAPTER. In addition, before
delivering a firearm to a peace officer, the licensee shall verify  that
person's  status  as  a peace officer with the division of state police.
After completing the foregoing, the licensee shall remove and retain the
attached coupon and enter in the record book the date of  such  license,
number,  if  any,  and name of the licensing officer, in the case of the
holder of a license to carry or possess, or the shield or other  number,
if  any,  assignment  and  department, unit or agency, in the case of an
exempt person. The original transaction report shall be forwarded to the
division of state police within ten days of delivering a firearm to  any
person,  and  a duplicate copy shall be kept by the licensee. The record
book shall be maintained on the premises mentioned and described in  the
license  and shall be open at all reasonable hours for inspection by any

S. 41                               9

peace officer, acting pursuant to his special duties, or police officer.
In the event of cancellation or revocation of the license  for  gunsmith
or dealer in firearms, or discontinuance of business by a licensee, such
record book shall be immediately surrendered to the licensing officer in
the  city  of  New  York, and in the counties of Nassau and Suffolk, and
elsewhere in the state to the executive department,  division  of  state
police.
  S 6. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law; provided that the superintendent of state police is
authorized and directed to immediately adopt, amend and promulgate  such
rules  and  regulations  as may be necessary and desirable to effectuate
the purposes of section two of this act.

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