senate Bill S571

Establishes a 10 day waiting period for the purchase of any firearm

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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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  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Establishes a 10 day waiting period for the purchase of any firearm; violations of such provisions shall constitute a class A misdemeanor.

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Bill Details

See Assembly Version of this Bill:
A3181
Versions:
S571
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add Art 38-B §§825 - 828, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S7835, S7835

Sponsor Memo

BILL NUMBER:S571

TITLE OF BILL:
An act
to amend the general business law, in relation to establishing a
waiting period for the purchase of a firearm

PURPOSE:
The purpose of this legislation is to impose a 10-day waiting period
prior to the sale of any firearm as a means to improve public safety
by giving law enforcement officials sufficient time to conduct a
background check on prospective purchasers, and by eliminating
opportunities for impulsive acts of violence.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new Article 38-B to the General Business
Law in relation to establishing a waiting period for the purchase of
a firearm.

* section 825 defines certain terms.

* Section 826 provides that no dealer in firearms shall deliver any
firearm, and no such person shall take possession of any firearm from
a dealer in firearms unless: (a) ten days have elapsed from the date
such seller initiated the national instant background check of the
purchaser; and (b) such dealer received notice that the purchaser has
passed all background checks required by federal, state and local law.

* Section 827 provides exemptions to the article.

* Section 828 provides that a violation of the article shall be a class
A misdemeanor.

Section 2 provides the effective date.

JUSTIFICATION:
Laws imposing a waiting period prior to the sale of a firearm give law
enforcement officials adequate time to perform a thorough background
check on the prospective purchaser, and provide a 'cooling off'
period to help guard against impulsive acts of violence.

There is no federal waiting period. Under federal law, a dealer may
transfer a firearm to a prospective purchaser as soon as he or she
passes a background check. If the Federal Bureau of Investigation
(FBI) is unable to complete a background check within three business
days, the dealer may complete the transfer by default.

In 2007, the FBI was unable to complete a background check within
three business days fox over 134,000 firearm transactions, and such
agency determined that at least 355 ineligible persons had been sold
firearms by default within that year. FBI investigations of
prohibited purchasers who were allowed to buy firearms by default
typically take 25 days to complete. As a result, the FBI has
recommended extending the maximum time allowed for conducting
background checks to allow more time to complete such checks and to
reduce the number of prohibited purchasers who are able to purchase
firearms by default.


The American public overwhelming supports laws imposing a waiting
period prior to the sale of a firearm. A nationwide poll conducted in
June, 2008 found that 86% of Americans favor such laws.

The purpose of this legislation is to impose a-10-day waiting period
prior to the sale of any firearm as a means to improve public safety
by giving law enforcement officials sufficient time to conduct a
background check on prospective purchasers, and by eliminating
opportunities for impulsive acts of violence.

LEGISLATIVE HISTORY:
2012: Senate Bill
7835 (Gianaris) - Died in Senate Rules Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of January next succeeding the date on which it shall become
a law.

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

                                   571

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, HASSELL-
  THOMPSON, KRUEGER, MONTGOMERY, PERKINS, RIVERA, SERRANO,  STAVISKY  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to establishing  a
  waiting period for the purchase of a firearm

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

  Section 1. The general business law is amended by adding a new article
38-B to read as follows:
                              ARTICLE 38-B
                     WAITING PERIOD FOR PURCHASE OF
                                FIREARMS
SECTION 825. DEFINITIONS.
        826. WAITING PERIOD.
        827. EXEMPTIONS.
        828. PENALTY.
  S 825. DEFINITIONS. AS USED IN THIS SECTION:
  1.  "DEALER IN FIREARMS" HAS THE SAME MEANING AS THAT TERM IS  DEFINED
IN SUBDIVISION NINE OF SECTION 265.00 OF THE PENAL LAW.
  2.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
  S 826. WAITING  PERIOD.  NO  DEALER  IN  FIREARMS  SHALL  DELIVER  ANY
FIREARM, AND NO PERSON SHALL TAKE POSSESSION OF ANY FIREARM FROM A DEAL-
ER IN FIREARMS UNLESS:
  1.  TEN  DAYS  HAVE  ELAPSED  FROM  THE DATE SUCH DEALER INITIATED THE
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER AS  REQUIRED
BY  18  U.S.C.  S  922(T),  AFTER RECEIVING A COMPLETED FEDERAL FIREARMS
TRANSACTION RECORD, FORM 4473, FROM THE PURCHASER; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01834-01-3

S. 571                              2

  2. SUCH DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS  PASSED  ALL
BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
  S  827.  EXEMPTIONS.  SECTION EIGHT HUNDRED TWENTY-SIX OF THIS ARTICLE
SHALL NOT APPLY TO:
  1. ANY LAW ENFORCEMENT OR CORRECTIONAL AGENCY, OR  POLICE  OFFICER  OR
CORRECTIONS  OFFICER  ACTING  WITHIN  THE  COURSE OR SCOPE OF HIS OR HER
EMPLOYMENT;
  2. ANY FEDERAL OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS  OR  CARRY  A
FIREARM  IN THE COURSE OF HIS OR HER DUTIES, AND ANY MEMBER OF THE ARMED
FORCES OF THE UNITED STATES OR THE NATIONAL GUARD;
  3. ANY MANUFACTURER, DISTRIBUTOR OR DEALER  OF  FIREARMS  WHEN  TRANS-
FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER;
  4.  ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL LAW,
RECEIVING A FIREARM FOR SERVICE OR REPAIR; AND
  5. ANY COMMON CARRIER OR OTHER PERSON ENGAGED, IN THE  COURSE  OF  ITS
BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS.
  S 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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