S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    890
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. PAULIN -- 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:
 
   Section 1. Subdivision 12 of section  400.00  of  the  penal  law,  as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   12.  Records required of gunsmiths and dealers in firearms. 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 superinten-
 dent 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  iden-
 tification  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
 AND TEN BUSINESS DAYS HAVE ELAPSED SINCE THE DATE THE LICENSEE CONTACTED
 THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND  CHECK SYSTEM (NICS) OR ITS
 SUCCESSOR TO INITIATE A NATIONAL INSTATE CRIMINAL BACKGROUND CHECK.   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 agen-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01670-01-9

 A. 890                              2
 
 cy, 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 superintendent of state police may designate that
 such record shall be completed and transmitted  in  electronic  form.  A
 dealer  may  be granted a waiver from transmitting such records in elec-
 tronic form if the superintendent determines that such dealer is incapa-
 ble of such transmission due to technological limitations that  are  not
 reasonably  within  the  control  of  the  dealer,  or other exceptional
 circumstances demonstrated by the dealer, pursuant to a  process  estab-
 lished  in  regulation,  and  at  the  discretion of the superintendent.
 Records assembled or collected for purposes of inclusion in the database
 created pursuant to section 400.02 of this article shall not be  subject
 to  disclosure  pursuant  to article six of the public officers law. 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 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.
   §  2.  The penal law is amended by adding a new section 400.20 to read
 as follows:
 § 400.20 WAITING PERIOD IN CONNECTION WITH THE SALE  OR  TRANSFER  OF  A
            RIFLE OR SHOTGUN.
   WHEN A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK IS REQUIRED PURSUANT
 TO  STATE  OR  FEDERAL  LAW TO BE CONDUCTED THROUGH THE NATIONAL INSTANT
 CRIMINAL BACKGROUND CHECK SYSTEM (NICS) OR ITS SUCCESSOR  IN  CONNECTION
 WITH  THE  SALE  OR TRANSFER OF A RIFLE OR SHOTGUN TO ANY PERSON, BEFORE
 DELIVERING A RIFLE OR SHOTGUN TO SUCH PERSON, TEN  BUSINESS  DAYS  SHALL
 HAVE  ELAPSED  SINCE THE DATE THE SELLER OR TRANSFEROR CONTACTED NICS TO
 INITIATE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK.
   § 3. Subdivision 1 of section 897 of  the  general  business  law,  as
 added by chapter 189 of the laws of 2000, is amended to read as follows:
   1. A national instant criminal background check shall be conducted and
 no  person  shall  sell or transfer a firearm, rifle or shotgun at a gun
 show, except in accordance with the  provisions  of  18  U.S.C.  922(t),
 PROVIDED  THAT  BEFORE  DELIVERING  A  FIREARM,  RIFLE OR SHOTGUN TO ANY
 PERSON, TEN BUSINESS DAYS SHALL HAVE ELAPSED SINCE THE DATE  THE  SELLER
 OR  TRANSFEROR  CONTACTED THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
 SYSTEM (NICS) OR ITS SUCCESSOR TO INITIATE A NATIONAL  INSTANT  CRIMINAL
 BACKGROUND CHECK.
   §  4. Subdivisions 1 and 2 of section 898 of the general business law,
 as added by chapter 1 of the laws  of  2013,  are  amended  to  read  as
 follows:
   1. In addition to any other requirements pursuant to state and federal
 law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
 shall be conducted in accordance with this  section  unless  such  sale,
 exchange  or  disposal  is  conducted  by  a licensed importer, licensed
 manufacturer or licensed dealer, as those terms are defined in 18 USC  §
 922,  when such sale, exchange or disposal is conducted pursuant to that
 person's federal firearms license or such sale, exchange or disposal  is
 between  members  of  an  immediate  family.  WHEN  A  SALE, EXCHANGE OR
 DISPOSAL IS CONDUCTED PURSUANT TO A PERSON'S FEDERAL  FIREARMS  LICENSE,

 A. 890                              3
 
 BEFORE  DELIVERING  A FIREARM, RIFLE OR SHOTGUN TO ANY PERSON, TEN BUSI-
 NESS DAYS SHALL HAVE ELAPSED SINCE THE DATE THE FEDERAL FIREARMS  LICEN-
 SEE  CONTACTED  THE  NATIONAL  INSTANT  CRIMINAL BACKGROUND CHECK SYSTEM
 (NICS)  OR  ITS  SUCCESSOR TO INITIATE A NATIONAL INSTANT CRIMINAL BACK-
 GROUND CHECK.  For purposes of this section,  "immediate  family"  shall
 mean spouses, domestic partners, children and step-children.
   2.  Before  any sale, exchange or disposal pursuant to this article, a
 national instant criminal background check must be completed by a dealer
 who consents to conduct such check, and upon completion  of  such  back-
 ground  check,  shall  complete  a  document, the form of which shall be
 approved by the superintendent of  state  police,  that  identifies  and
 confirms that such check was performed.  BEFORE A DEALER WHO CONSENTS TO
 CONDUCT A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK DELIVERS A FIREARM,
 RIFLE  OR  SHOTGUN  TO  ANY PERSON, TEN BUSINESS DAYS SHALL HAVE ELAPSED
 SINCE THE DATE THE DEALER CONTACTED THE NATIONAL INSTANT CRIMINAL  BACK-
 GROUND  CHECK  SYSTEM  (NICS)  OR  ITS  SUCCESSOR TO INITIATE A NATIONAL
 INSTANT CRIMINAL BACKGROUND CHECK.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.