Assembly Bill A5696

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

                                 5696--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M. of A. KAVANAGH, SCHIMEL, AUBRY, PAULIN, BROOK-KRASNY,
  PHEFFER, O'DONNELL, GREENE -- Multi-Sponsored by -- M.  of  A.  FINCH,
  GLICK,  GOTTFRIED,  McDONOUGH,  MENG,  WEISENBERG  --  read  once  and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, in  relation  to  background  checks  for
  employees of dealers in firearms

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

  Section 1. The penal law is amended by adding a new section 400.15  to
read as follows:
S 400.15 BACKGROUND CHECK FOR EMPLOYEES OF DEALERS IN FIREARMS.
  ALL  EMPLOYEES  OF  A  GUNSMITH  OR A DEALER IN FIREARMS, WHOSE DUTIES
INCLUDE HANDLING,  SELLING,  TRANSPORTING,  OR  OTHERWISE  DISPOSING  OF
FIREARMS,  SHALL  BE  REQUIRED  TO UNDERGO A STATE AND NATIONAL CRIMINAL
HISTORY RECORD CHECK.  THE EMPLOYER SHALL OBTAIN A SET  OF  FINGERPRINTS
FROM  EACH  INDIVIDUAL  FOR  WHOM  A  CRIMINAL BACKGROUND CHECK IS TO BE
COMPLETED AND SUCH OTHER INFORMATION AS IS REQUIRED BY THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES.  FOR  EACH  PROSPECTIVE EMPLOYEE SUBJECT TO
THESE PROVISIONS, THE GUNSMITH OR DEALER IN  FIREARMS  SHALL  PROVIDE  A
BLANK  FINGERPRINT  CARD  AND A DESCRIPTION OF HOW THE COMPLETED FINGER-
PRINT CARD AND THE RESULTING  RECORD  WILL  BE  USED.  THE  GUNSMITH  OR
FIREARMS  DEALER  SHALL  PROMPTLY TRANSMIT SUCH FINGERPRINT CARD AND THE
PROCESSING FEE, IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT
HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, TO THE DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  FOR  ITS FULL SEARCH AND RETAIN PROCESSING. NO PERSON
WHO IS PROHIBITED FROM HANDLING OR POSSESSING FIREARMS OR AMMUNITION  BY
FEDERAL  OR  STATE  LAW  MAY BE EMPLOYED BY A GUNSMITH OR BY A DEALER IN
FIREARMS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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

                                                           LBD08927-03-9

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

                                 5696--B
                                                        Cal. No. 392

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M. of A. KAVANAGH, SCHIMEL, AUBRY, PAULIN, BROOK-KRASNY,
  PHEFFER, O'DONNELL -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED,
  MENG, WEISENBERG -- read once and referred to the Committee  on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- reported from committee, advanced
  to a third reading, amended and ordered reprinted, retaining its place
  on the order of third reading

AN ACT to amend the penal  law,  in  relation  to  requiring  background
  checks for employees authorized to possess or transfer firearms in the
  course of a licensed firearms business

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

  Section 1. Section 400.00 of the penal law is amended by adding a  new
subdivision 12-b to read as follows:
  12-B. GUNSMITH OR DEALER IN FIREARMS EMPLOYEES. (A) NO PERSON SHALL BE
EMPLOYED  BY  A  GUNSMITH  OR DEALER IN FIREARMS FOR DUTIES THAT INCLUDE
HANDLING, SELLING, OR OTHERWISE DISPOSING OF FIREARMS, IF SUCH PERSON IS
PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS UNDER FEDERAL LAW OR IF
SUCH PERSON WOULD BE INELIGIBLE FOR A LICENSE TO POSSESS FIREARMS  UNDER
PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
  (B)  NO  GUNSMITH  OR  DEALER  IN FIREARMS SHALL EMPLOY A PERSON WHOSE
DUTIES INCLUDE HANDLING, SELLING, OR OTHERWISE  DISPOSING  OF  FIREARMS,
ABSENT  AN  EXEMPTION  PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION
(A) OF SECTION 265.20 OF THIS CHAPTER, UNLESS:
  (I) SUCH PERSON IS TWENTY-ONE YEARS OF AGE OR OLDER OR IS A MEMBER  OF
THE  UNITED  STATES ARMED FORCES OR HAS BEEN HONORABLY DISCHARGED THERE-
FROM, AND SUCH EMPLOYEE HAS BEEN ISSUED A VALID  EMPLOYMENT  CERTIFICATE
FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES;
  (II)  SUCH  PERSON  HAS  OBTAINED AND POSSESSES A VALID LICENSE ISSUED
UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS  ARTICLE;
OR

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

                                                           LBD08927-08-9

A. 5696--B                          2

  (III)  SUCH  PERSON WAS EMPLOYED BY THE GUNSMITH OR DEALER IN FIREARMS
PRIOR TO THE ENACTMENT OF THIS LAW AND NO  MORE  THAN  SIX  MONTHS  HAVE
ELAPSED AFTER THE EFFECTIVE DATE OF THIS SECTION.
  (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
APPLICANT'S  PROSPECTIVE  EMPLOYER  TO  THE DIVISION OF CRIMINAL JUSTICE
SERVICES. BLANK APPLICATIONS MUST CONTAIN, AT A MINIMUM, THE INFORMATION
REQUIRED TO CONDUCT A BACKGROUND CHECK IN THE NATIONAL INSTANT  CRIMINAL
BACKGROUND CHECK SYSTEM. ALL APPLICATIONS MUST BE SIGNED AND VERIFIED BY
THE APPLICANT.
  (D)  UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYMENT CERTIFICATE, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A  BACKGROUND  CHECK
IN  THE  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO DETERMINE
WHETHER THE APPLICANT IS QUALIFIED TO RECEIVE OR POSSESS A FIREARM UNDER
STATE AND FEDERAL LAW. IF THE RESULTS OF THE BACKGROUND  CHECK  INDICATE
THAT  THERE  IS  NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
RECEIVING OR POSSESSING A FIREARM UNDER STATE OR UNDER FEDERAL LAW,  THE
DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL DOCUMENT SUCH RESULT ON AN
EMPLOYMENT CERTIFICATE. IF THE BACKGROUND CHECK RESULTS IN  A  "DELAYED"
RESPONSE  AS  DESCRIBED  IN  28  C.F.R. S 25.6, THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL NOT CERTIFY THE APPLICANT FOR EMPLOYMENT  PENDING
RECEIPT  OF  A  FOLLOW-UP  "PROCEED"  RESPONSE FROM THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
  (E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO  QUALIFY-
ING  EMPLOYEES  AN  EMPLOYMENT CERTIFICATE, WHICH SHALL CERTIFY THAT THE
HOLDER OF SUCH CERTIFICATE IS ELIGIBLE TO  HANDLE,  SELL,  OR  OTHERWISE
DISPOSE  OF  FIREARMS  OR WEAPONS ON BEHALF OF THE GUNSMITH OR DEALER IN
FIREARMS.  SUCH CERTIFICATE SHALL BECOME INVALID UPON THE TERMINATION OF
THE EMPLOYEE'S EMPLOYMENT. SUCH CERTIFICATE SHALL  HAVE  THE  EFFECT  OF
AUTHORIZING SUCH EMPLOYEE TO HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE
FIREARMS  THAT  ARE  LAWFULLY  POSSESSED,  SOLD  OR  DISPOSED  OF BY THE
GUNSMITH OR DEALER IN FIREARMS ONLY  WHILE  SUCH  EMPLOYEE  IS  ACTUALLY
CONDUCTING  BUSINESS  ON  BEHALF  OF  THE GUNSMITH OR DEALER IN FIREARMS
NOTWITHSTANDING THE FACT THAT SUCH WEAPONS  MAY  NOT  BE  THE  TYPE  THE
EMPLOYEE  WOULD OTHERWISE BE LICENSED OR AUTHORIZED TO POSSESS UNDER NEW
YORK LAW. WHEN AN  EMPLOYEE  IS  CONDUCTING  BUSINESS  ON  BEHALF  OF  A
GUNSMITH  OR  DEALER IN FIREARMS AT ANY LOCATION OTHER THAN THE PREMISES
WHERE SUCH EMPLOYEE WORKS,  THE  EMPLOYEE  SHALL  HAVE  IN  HIS  OR  HER
POSSESSION  A COPY OF HIS OR HER EMPLOYMENT CERTIFICATE OR VALID LICENSE
ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION  400.01  OF  THIS
ARTICLE  OR  DOCUMENTATION  OF  THE  EMPLOYEE'S EXEMPTION BASED ON PRIOR
EMPLOYMENT. COPIES OF SUCH CERTIFICATES OR LICENSES OR DOCUMENTATION  OF
EXEMPTION  SHALL  BE MAINTAINED BY THE GUNSMITH OR DEALER IN FIREARMS ON
THE PREMISES WHERE SUCH  EMPLOYEE  WORKS.  ALL  CERTIFICATES,  LICENSES,
DOCUMENTATION AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED
UPON  REQUEST  BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO
HIS OR HER SPECIAL DUTIES.
  (F) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
FIREARMS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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

                                 5696--C
                                                        Cal. No. 392

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M. of A. KAVANAGH, SCHIMEL, AUBRY, PAULIN, BROOK-KRASNY,
  PHEFFER, O'DONNELL -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED,
  MENG, WEISENBERG -- read once and referred to the Committee  on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- reported from committee, advanced
  to a third reading, amended and ordered reprinted, retaining its place
  on the order of third reading  --  again  amended  on  third  reading,
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the  penal  law, in relation to requiring background
  checks for employees authorized to possess or transfer firearms in the
  course of a licensed firearms business

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

  Section  1. Section 400.00 of the penal law is amended by adding a new
subdivision 12-b to read as follows:
  12-B. GUNSMITH OR DEALER IN FIREARMS EMPLOYEES. (A) NO PERSON SHALL BE
EMPLOYED BY A GUNSMITH OR DEALER IN FIREARMS  FOR  DUTIES  THAT  INCLUDE
HANDLING, SELLING, OR OTHERWISE DISPOSING OF FIREARMS, IF SUCH PERSON IS
PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS UNDER FEDERAL LAW OR IF
SUCH  PERSON WOULD BE INELIGIBLE FOR A LICENSE TO POSSESS FIREARMS UNDER
PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
  (B) NO GUNSMITH OR DEALER IN FIREARMS  SHALL  EMPLOY  A  PERSON  WHOSE
DUTIES  INCLUDE  HANDLING,  SELLING, OR OTHERWISE DISPOSING OF FIREARMS,
ABSENT AN EXEMPTION PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION  A
OF SECTION 265.20 OF THIS CHAPTER, UNLESS:
  (I)  SUCH PERSON IS TWENTY-ONE YEARS OF AGE OR OLDER OR IS A MEMBER OF
THE UNITED STATES ARMED FORCES OR HAS BEEN HONORABLY  DISCHARGED  THERE-
FROM,  AND  SUCH EMPLOYEE HAS BEEN ISSUED A VALID EMPLOYMENT CERTIFICATE
FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08927-11-9

              

A. 5696--C                          2

  (II) SUCH PERSON HAS OBTAINED AND POSSESSES  A  VALID  LICENSE  ISSUED
UNDER  THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS ARTICLE;
OR
  (III)  SUCH  PERSON WAS EMPLOYED BY THE GUNSMITH OR DEALER IN FIREARMS
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION AND  NO  MORE  THAN  SIX
MONTHS HAVE ELAPSED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
APPLICANT'S  PROSPECTIVE  EMPLOYER  TO  THE DIVISION OF CRIMINAL JUSTICE
SERVICES. BLANK APPLICATIONS MUST CONTAIN, AT A MINIMUM, THE INFORMATION
REQUIRED TO CONDUCT A BACKGROUND CHECK IN THE NATIONAL INSTANT  CRIMINAL
BACKGROUND CHECK SYSTEM. ALL APPLICATIONS MUST BE SIGNED AND VERIFIED BY
THE APPLICANT.
  (D)  UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYMENT CERTIFICATE, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A  BACKGROUND  CHECK
IN  THE  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO DETERMINE
WHETHER THE APPLICANT IS QUALIFIED TO RECEIVE OR POSSESS A FIREARM UNDER
STATE AND FEDERAL LAW. IF THE RESULTS OF THE BACKGROUND  CHECK  INDICATE
THAT  THERE  IS  NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
RECEIVING OR POSSESSING A FIREARM UNDER STATE OR UNDER FEDERAL LAW,  THE
DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL DOCUMENT SUCH RESULT ON AN
EMPLOYMENT CERTIFICATE. IF THE BACKGROUND CHECK RESULTS IN  A  "DELAYED"
RESPONSE  AS  DESCRIBED  IN  28  C.F.R. S 25.6, THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL NOT CERTIFY THE APPLICANT FOR EMPLOYMENT  PENDING
RECEIPT  OF  A  FOLLOW-UP  "PROCEED"  RESPONSE FROM THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
  (E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO  QUALIFY-
ING  EMPLOYEES  AN  EMPLOYMENT CERTIFICATE, WHICH SHALL CERTIFY THAT THE
HOLDER OF SUCH CERTIFICATE IS ELIGIBLE TO  HANDLE,  SELL,  OR  OTHERWISE
DISPOSE  OF  FIREARMS  OR WEAPONS ON BEHALF OF THE GUNSMITH OR DEALER IN
FIREARMS.  SUCH CERTIFICATE SHALL BECOME INVALID UPON THE TERMINATION OF
THE EMPLOYEE'S EMPLOYMENT. SUCH CERTIFICATE SHALL  HAVE  THE  EFFECT  OF
AUTHORIZING SUCH EMPLOYEE TO HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE
FIREARMS  THAT  ARE  LAWFULLY  POSSESSED,  SOLD  OR  DISPOSED  OF BY THE
GUNSMITH OR DEALER IN FIREARMS ONLY  WHILE  SUCH  EMPLOYEE  IS  ACTUALLY
CONDUCTING  BUSINESS  ON  BEHALF  OF  THE GUNSMITH OR DEALER IN FIREARMS
NOTWITHSTANDING THE FACT THAT SUCH WEAPONS  MAY  NOT  BE  THE  TYPE  THE
EMPLOYEE  WOULD OTHERWISE BE LICENSED OR AUTHORIZED TO POSSESS UNDER NEW
YORK LAW. WHEN AN  EMPLOYEE  IS  CONDUCTING  BUSINESS  ON  BEHALF  OF  A
GUNSMITH  OR  DEALER IN FIREARMS AT ANY LOCATION OTHER THAN THE PREMISES
WHERE SUCH EMPLOYEE WORKS,  THE  EMPLOYEE  SHALL  HAVE  IN  HIS  OR  HER
POSSESSION  A COPY OF HIS OR HER EMPLOYMENT CERTIFICATE OR VALID LICENSE
ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION  400.01  OF  THIS
ARTICLE  OR  DOCUMENTATION  OF  THE  EMPLOYEE'S EXEMPTION BASED ON PRIOR
EMPLOYMENT. COPIES OF SUCH CERTIFICATES OR LICENSES OR DOCUMENTATION  OF
EXEMPTION  SHALL  BE MAINTAINED BY THE GUNSMITH OR DEALER IN FIREARMS ON
THE PREMISES WHERE SUCH  EMPLOYEE  WORKS.  ALL  CERTIFICATES,  LICENSES,
DOCUMENTATION AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED
UPON  REQUEST  BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO
HIS OR HER SPECIAL DUTIES.
  (F) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
FIREARMS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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

                                 5696--D
                                                        Cal. No. 774

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M. of A. KAVANAGH, SCHIMEL, AUBRY, PAULIN, BROOK-KRASNY,
  PHEFFER, O'DONNELL -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED,
  MENG, WEISENBERG -- read once and referred to the Committee  on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- reported from committee, advanced
  to a third reading, amended and ordered reprinted, retaining its place
  on the order of third reading  --  again  amended  on  third  reading,
  ordered  reprinted,  retaining its place on the order of third reading
  -- reported from committee, advanced to a third reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the  penal  law, in relation to requiring background
  checks for employees authorized to possess or transfer firearms in the
  course of a licensed firearms business

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

  Section  1. Section 400.00 of the penal law is amended by adding a new
subdivision 12-b to read as follows:
  12-B. GUNSMITH OR DEALER IN FIREARMS EMPLOYEES. (A) NO PERSON SHALL BE
EMPLOYED BY A GUNSMITH OR DEALER IN FIREARMS  FOR  DUTIES  THAT  INCLUDE
HANDLING, SELLING, OR OTHERWISE DISPOSING OF FIREARMS, IF SUCH PERSON IS
PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS UNDER FEDERAL LAW OR IF
SUCH  PERSON WOULD BE INELIGIBLE FOR A LICENSE TO POSSESS FIREARMS UNDER
PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
  (B) NO GUNSMITH OR DEALER IN FIREARMS  SHALL  EMPLOY  A  PERSON  WHOSE
DUTIES  INCLUDE  HANDLING,  SELLING, OR OTHERWISE DISPOSING OF FIREARMS,
ABSENT AN EXEMPTION PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION  A
OF SECTION 265.20 OF THIS CHAPTER, UNLESS:
  (I)  SUCH PERSON IS TWENTY-ONE YEARS OF AGE OR OLDER OR IS A MEMBER OF
THE UNITED STATES ARMED FORCES OR HAS BEEN HONORABLY  DISCHARGED  THERE-
FROM,  AND  SUCH EMPLOYEE HAS BEEN ISSUED A VALID EMPLOYMENT CERTIFICATE
FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES;

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

                                                           LBD08927-14-0

A. 5696--D                          2

  (II) SUCH PERSON HAS OBTAINED AND POSSESSES  A  VALID  LICENSE  ISSUED
UNDER  THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS ARTICLE;
OR
  (III)  SUCH  PERSON WAS EMPLOYED BY THE GUNSMITH OR DEALER IN FIREARMS
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION AND  NO  MORE  THAN  SIX
MONTHS HAVE ELAPSED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
APPLICANT'S  PROSPECTIVE  EMPLOYER  TO  THE DIVISION OF CRIMINAL JUSTICE
SERVICES. BLANK APPLICATIONS MUST CONTAIN, AT A MINIMUM, THE INFORMATION
REQUIRED TO CONDUCT A BACKGROUND CHECK IN THE NATIONAL INSTANT  CRIMINAL
BACKGROUND CHECK SYSTEM. ALL APPLICATIONS MUST BE SIGNED AND VERIFIED BY
THE APPLICANT.
  (D)  UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYMENT CERTIFICATE, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A  BACKGROUND  CHECK
IN  THE  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO DETERMINE
WHETHER THE APPLICANT IS QUALIFIED TO RECEIVE OR POSSESS A FIREARM UNDER
STATE AND FEDERAL LAW. IF THE RESULTS OF THE BACKGROUND  CHECK  INDICATE
THAT  THERE  IS  NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
RECEIVING OR POSSESSING A FIREARM UNDER STATE OR UNDER FEDERAL LAW,  THE
DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL DOCUMENT SUCH RESULT ON AN
EMPLOYMENT CERTIFICATE. IF THE BACKGROUND CHECK RESULTS IN  A  "DELAYED"
RESPONSE  AS  DESCRIBED  IN  28  C.F.R. S 25.6, THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL NOT CERTIFY THE APPLICANT FOR EMPLOYMENT  PENDING
RECEIPT  OF  A  FOLLOW-UP  "PROCEED"  RESPONSE FROM THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
  (E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO  QUALIFY-
ING  EMPLOYEES  AN  EMPLOYMENT CERTIFICATE, WHICH SHALL CERTIFY THAT THE
HOLDER OF SUCH CERTIFICATE IS ELIGIBLE TO  HANDLE,  SELL,  OR  OTHERWISE
DISPOSE  OF  FIREARMS  OR WEAPONS ON BEHALF OF THE GUNSMITH OR DEALER IN
FIREARMS.  SUCH CERTIFICATE SHALL BECOME INVALID UPON THE TERMINATION OF
THE EMPLOYEE'S EMPLOYMENT. SUCH CERTIFICATE SHALL  HAVE  THE  EFFECT  OF
AUTHORIZING SUCH EMPLOYEE TO HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE
FIREARMS  THAT  ARE  LAWFULLY  POSSESSED,  SOLD  OR  DISPOSED  OF BY THE
GUNSMITH OR DEALER IN FIREARMS ONLY  WHILE  SUCH  EMPLOYEE  IS  ACTUALLY
CONDUCTING  BUSINESS  ON  BEHALF  OF  THE GUNSMITH OR DEALER IN FIREARMS
NOTWITHSTANDING THE FACT THAT SUCH WEAPONS  MAY  NOT  BE  THE  TYPE  THE
EMPLOYEE  WOULD OTHERWISE BE LICENSED OR AUTHORIZED TO POSSESS UNDER NEW
YORK LAW. WHEN AN  EMPLOYEE  IS  CONDUCTING  BUSINESS  ON  BEHALF  OF  A
GUNSMITH  OR  DEALER IN FIREARMS AT ANY LOCATION OTHER THAN THE PREMISES
WHERE SUCH EMPLOYEE WORKS,  THE  EMPLOYEE  SHALL  HAVE  IN  HIS  OR  HER
POSSESSION  A COPY OF HIS OR HER EMPLOYMENT CERTIFICATE OR VALID LICENSE
ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION  400.01  OF  THIS
ARTICLE  OR  DOCUMENTATION  OF  THE  EMPLOYEE'S EXEMPTION BASED ON PRIOR
EMPLOYMENT. COPIES OF SUCH CERTIFICATES OR LICENSES OR DOCUMENTATION  OF
EXEMPTION  SHALL  BE MAINTAINED BY THE GUNSMITH OR DEALER IN FIREARMS ON
THE PREMISES WHERE SUCH  EMPLOYEE  WORKS.  ALL  CERTIFICATES,  LICENSES,
DOCUMENTATION AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED
UPON  REQUEST  BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO
HIS OR HER SPECIAL DUTIES.
  (F) FOR THE PURPOSE OF THIS SUBDIVISION, THE TERM HANDLING  SHALL  NOT
INCLUDE  MOVING OR CARRYING, IN THE NORMAL COURSE OF BUSINESS, A SECURED
CRATE OR CONTAINER  THAT  CONTAINS  A  FIREARM  OR  FIREARMS,  FROM  ONE
LOCATION  TO  ANOTHER  WITHIN  THE  PREMISES  OF A GUNSMITH OR DEALER IN
FIREARMS.

A. 5696--D                          3

  (G) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
FIREARMS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.