S T A T E O F N E W Y O R K
________________________________________________________________________
7499
2009-2010 Regular Sessions
I N A S S E M B L Y
April 13, 2009
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Introduced by M. of A. PAULIN, EDDINGTON, GALEF, LANCMAN, PEOPLES,
BOYLAND, DINOWITZ, ESPAILLAT, GABRYSZAK, HOOPER, HOYT, HYER-SPENCER,
JAFFEE, KELLNER, MILLMAN, SCHIMEL, ERRIGO, McDONOUGH -- Multi-Spon-
sored by -- M. of A. BARRON, BRADLEY, CAMARA, GLICK, GOTTFRIED, JOHN,
MAYERSOHN, PHEFFER, TITONE, WEINSTEIN -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the executive law, in relation to the establishment of a
registry of information disqualifying certain persons from 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 executive law is amended by adding a new section 837-s
to read as follows:
S 837-S. FEDERAL FIREARM DISQUALIFYING INFORMATION REGISTRY. 1. A
REGISTRY OF INFORMATION DISQUALIFYING CERTAIN PERSONS FROM THE PURCHASE
OF A FIREARM, AS DEFINED IN 18 USC 921(A)(3), IS HEREBY ESTABLISHED.
2. SUCH INFORMATION SHALL INCLUDE THOSE INDIVIDUALS WHO: (A) ARE UNDER
INDICTMENT FOR OR CONVICTED OF A FELONY IN THIS STATE; (B) ARE FUGITIVES
FROM JUSTICE IN ACCORDANCE WITH 18 USC 921(A)(15); (C) HAVE BEEN INVOL-
UNTARILY COMMITTED TO A MENTAL HYGIENE FACILITY PURSUANT TO SUBDIVISION
THREE OF SECTION 300.10 OF THE CRIMINAL PROCEDURE LAW; (D) HAVE BEEN
ADJUDICATED AN INCAPACITATED PERSON PURSUANT TO ARTICLE SEVEN HUNDRED
THIRTY OF THE CRIMINAL PROCEDURE LAW; (E) ARE SUBJECT TO AN ORDER OF
PROTECTION IN A DOMESTIC VIOLENCE CONTEXT; OR (F) HAVE BEEN CONVICTED OF
A MISDEMEANOR IN A DOMESTIC VIOLENCE CONTEXT AGAINST A VICTIM OF DOMES-
TIC VIOLENCE AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED
FIFTY-NINE-A OF THE SOCIAL SERVICES LAW. FOR PURPOSES OF THIS SECTION, A
MISDEMEANOR CONVICTION SHALL BE INCLUDED IN THE REGISTRY IF A MISDEMEA-
NOR CONVICTION RESULTS FROM AN ACT FOR WHICH LAW ENFORCEMENT PERSONNEL
WERE REQUIRED TO COMPLETE A "DOMESTIC VIOLENCE INCIDENT REPORT FORM," AS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10737-01-9
A. 7499 2
DEFINED IN SUBDIVISION FIFTEEN OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF
THIS ARTICLE.
3. IN COOPERATION WITH THE CHIEF ADMINISTRATOR OF THE COURTS AS WELL
AS ANY OTHER PUBLIC OR PRIVATE AGENCY, INCLUDING LAW ENFORCEMENT AGEN-
CIES, THE DIVISION SHALL SUPPLY INFORMATION TO THE CRIMINAL JUSTICE
INFORMATION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION FOR
THE PURPOSE OF PROMPTLY RESPONDING TO A QUERY FROM A FEDERAL FIREARMS
LICENSEE REGARDING AN INDIVIDUAL'S ATTEMPT TO PURCHASE OR OTHERWISE TAKE
POSSESSION OF A FIREARM AS DEFINED IN 18 USC 921(A)(3). SUCH INFORMATION
SHALL BE DISSEMINATED IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE
DIVISION TO ASSURE THE SECURITY AND PRIVACY OF IDENTIFICATION AND INFOR-
MATION DATA, WHICH SHALL INCLUDE THE EXECUTION OF AN AGREEMENT WHICH
PROTECTS THE CONFIDENTIALITY OF THE INFORMATION.
4. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS DESIGNED TO
ENSURE THE TIMELINESS, COMPLETENESS, CORRECTNESS AND CONFIDENTIALITY OF
THE DATA CONTAINED IN THE REGISTRY, PRESCRIBING THE MANNER IN WHICH
ENTRIES TO THE REGISTRY SHALL BE MADE, UPDATED AND CORRECTED, PRESCRIB-
ING THE FORM AND MANNER IN WHICH ENTRIES AND INQUIRIES TO THE REGISTRY
AND NOTICES TO OTHER AGENCIES AND ENTITIES SHALL BE MADE AND PROCESSED,
AND ENSURING THE PROPER DISPOSITION AND CORRECTION OF ALL OBSOLETE AND
INCORRECT REGISTRY DATA.
S 2. This act shall take effect on the ninetieth day after it shall
have become law.