senate Bill S7835

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 13, 2012 referred to rules

Co-Sponsors

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S7835 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add Art 38-B §§825 - 828, Gen Bus L

S7835 - Summary

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

S7835 - Sponsor Memo

S7835 - Bill Text download pdf

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

                                  7835

                            I N  S E N A T E

                             August 13, 2012
                               ___________

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

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
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16413-03-2

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