senate Bill S7837

2011-2012 Legislative Session

Regulates firearms and ammunition dealers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 13, 2012 referred to rules

Co-Sponsors

view additional co-sponsors

S7837 - Bill Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add Art 38-B §§825 - 845, Gen Bus L

S7837 - Bill Texts

view summary

Regulates firearms and ammunition dealers; requires such dealers to hold a permit issued by the division of criminal justice services after an investigation of the applicant by such division; requires such dealers to have insurance and engage in certain security measures at their businesses; violations of such provisions shall constitute a class A misdemeanor.

view sponsor memo
BILL NUMBER:S7837

TITLE OF BILL:

An act to amend the general business law, in relation to regulating
firearms and ammunition sellers

PURPOSE:

The purpose of this act is to establish a record retention policy and
fill the gaps in existing law regulating firearms and ammunition
dealers, so as to reduce the number of firearm deaths and injuries
from the irresponsible or criminal use of firearms and ammunition.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new Article 38-B to the General Business
Law regulating firearms and ammunition dealer's. The new article
contains twenty-one sections as follows:

* Section 825-832: (i) defines certain terms; (ii) requires all
persons who engage in the business of selling, leasing or transferring
firearms, rifles, shotguns or ammunition to be issued a dealer permit
by the Division of Criminal Justice Services (DCJS); (iii) establishes
the conditions for DCJS to grant, renew or deny said permit; and (iv)
provides the grounds for revocation of a dealer permit.

* Section 833-838 requires: (i) the permit to be conspicuously
displayed in a location visible to the public; (ii) the inspection by
any police officer; (iii) permittees to maintain all records for 10
years; (iv) security requirements to be implemented; (v) insurance
criteria for permitting; (vi) location of the business specifications;
and (vii) conspicuously placed public warnings.

* Section 839-841 provides: (i) for the prohibition of the permitee or
person acting under permittee's authority from selling, transferring,
leasing or loaning any firearm, rifle, shotgun or ammunition from the
permittee's inventory until certain conditions are satisfied; and (ii)
the recording of specified sales and acquisition records in written or
electronic form to be provided by DCJS.

* Section 842-844 requires: (i) physical inventory to be taken within
the first 5 business days of April and October of each calendar year;
(ii) reporting by permittee of lost or stolen ammunition within 48
hours after he/she knows or reasonably should have known of loss or
theft; (iii) criteria to gain access into permittee's business; and
(iv) conspicuously placed signage of such.

* Section 845 provides that a violation of the article shall be a
class A misdemeanor.

Section 2 provides the effective date.

JUSTIFICATION:


Federal regulation of firearms dealers and ammunition sellers is
currently inadequate to protect the public safety.

No federal law requires ammunition dealers to create or maintain
records of ammunition sales, or requires persons who sell or transfer
ammunition to obtain a license. However, a number of state and local
jurisdictions have adopted such laws. This bill would establish a
strong record retention policy in New York State.

Federally-licensed firearm dealers are a major source of trafficked
firearms and federal laws are silent regarding many important aspects
of firearms dealer's and ammunition dealers' business. Among other
things, federal law does not require these businesses to: (a)
implement security requirements; (b) conduct employee background
checks; (c) maintain adequate liability insurance; or (d) refrain from
operating in residential neighborhoods, or near schools, daycare
centers or parks.

The American public overwhelmingly supports the regulation of firearms
dealers. A nationwide poll conducted in March and April 2008 found
that: (a) 91% of Americans favor requiring gun stores to perform
background checks on employees; (b) 86% of Americans favor requiring
gun retailers to inspect their inventories every year to report stolen
or missing guns; (c) 88% of Americans favor requiring stores to keep
all guns locked securely to prevent theft; and (d) 74% of Americans
favor requiring gun retailers to videotape all gun sales.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of January next succeeding the date on which it shall become
a law; provided, however, that the provisions of this act shall not
apply to any person engaged in the business of selling, leasing or
transferring firearms, rifles, shotguns or ammunition on the effective
date of this act, until the ninetieth day after such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7837

                            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  regulating
  firearms and ammunition sellers

  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
                     FIREARMS AND AMMUNITION DEALERS
SECTION 825. DEFINITIONS.
        826. DEALER PERMIT.
        827. APPLICATION FOR DEALER PERMIT.
        828. INVESTIGATION BY DIVISION.
        829. GROUNDS FOR DENIAL OF PERMIT.
        830. ISSUANCE OF DEALER PERMIT.
        831. REVOCATION.
        832. REPORT OF REVOCATION.
        833. DISPLAY OF DEALER PERMIT.
        834. INSPECTION.
        835. SECURITY.
        836. INSURANCE.
        837. LOCATION OF BUSINESS.
        838. PUBLIC WARNING.
        839. DUTIES UPON SALE, LEASE OR TRANSFER.
        840. SALES RECORDS AND REPORTING.
        841. FIREARMS ACQUISITION RECORDS AND REPORTING.
        842. INVENTORY REPORTS.
        843. LOST OR STOLEN AMMUNITION REPORTING.
        844. RESTRICTED ADMITTANCE.
        845. CRIMINAL PENALTY.
  S 825. DEFINITIONS. AS USED IN THIS ARTICLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16410-03-2

S. 7837                             2

  1. "APPLICANT" MEANS ANY PERSON WHO APPLIES FOR A DEALER PERMIT OR THE
RENEWAL THEREOF, TO SELL, LEASE OR TRANSFER FIREARMS OR AMMUNITION.
  2. "COMMISSIONER" MEANS THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES.
  3. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  4.  "ENGAGE  IN  THE  BUSINESS  OF  SELLING,  LEASING  OR TRANSFERRING
FIREARMS OR AMMUNITION" MEANS:
  (A) CONDUCTING  THE  BUSINESS  OF  SELLING,  LEASING  OR  TRANSFERRING
FIREARMS OR AMMUNITION;
  (B) HOLDING ONESELF OUT AS ENGAGED IN THE BUSINESS OF SELLING, LEASING
OR TRANSFERRING FIREARMS OR AMMUNITION; OR
  (C) THE SALE, LEASE OR TRANSFER OF FIREARMS OR AMMUNITION IN QUANTITY,
IN SERIES, IN INDIVIDUAL TRANSACTIONS.
  5.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
  S 826. DEALER PERMIT. NO PERSON SHALL ENGAGE IN THE BUSINESS OF  SELL-
ING,  LEASING  OR  TRANSFERRING  FIREARMS OR AMMUNITION WITHOUT A DEALER
PERMIT ISSUED PURSUANT TO THIS ARTICLE.
  S 827. APPLICATION FOR DEALER PERMIT. 1. A PERSON WHO IS  REQUIRED  TO
OBTAIN A DEALER PERMIT PURSUANT TO THIS ARTICLE SHALL:
  (A) APPEAR IN PERSON AT A TIME AND PLACE DESIGNATED BY THE COMMISSION-
ER;
  (B)  COMPLETE  AND  SUBMIT TO THE DIVISION AN APPLICATION, IN WRITING,
SIGNED UNDER PENALTY OF PERJURY, ON A FORM PRESCRIBED BY THE COMMISSION-
ER;
  (C) PROVIDE ALL INFORMATION REQUIRED BY THE COMMISSIONER, INCLUDING:
  (I) THE APPLICANT'S FULL NAME AND ANY OTHER NAME BY WHICH  THE  APPLI-
CANT HAS EVER BEEN KNOWN;
  (II) THE HOME ADDRESS AND TELEPHONE NUMBER OF THE APPLICANT;
  (III)  THE  OCCUPATION, BUSINESS ADDRESS AND BUSINESS TELEPHONE NUMBER
OF THE APPLICANT;
  (IV) THE LICENSE AND PERMIT NUMBERS OF ALL FEDERAL,  STATE  AND  LOCAL
LICENSES  AND PERMITS HELD BY THE APPLICANT THAT AUTHORIZE THE APPLICANT
TO SELL, LEASE OR TRANSFER FIREARMS OR AMMUNITION, IF ANY;
  (V) SUCH INFORMATION AS MAY BE REQUIRED BY THE  COMMISSIONER  RELATING
TO  EVERY  OTHER LICENSE OR PERMIT TO SELL, LEASE, TRANSFER, PURCHASE OR
POSSESS FIREARMS AND AMMUNITION WHICH IS HELD BY OR WAS  SOUGHT  BY  THE
APPLICANT FROM THE FEDERAL, OR ANY STATE OR LOCAL GOVERNMENT, INCLUDING,
BUT  NOT  LIMITED  TO, THE TYPE OF LICENSE OR PERMIT HELD OR SOUGHT, THE
DATE OF EACH APPLICATION AND WHETHER IT RESULTED IN THE ISSUANCE OF  THE
LICENSE  OR  PERMIT, AND THE DATE AND CIRCUMSTANCES OF ANY REVOCATION OR
SUSPENSION;
  (VI) THE ADDRESS OF THE LOCATION FOR WHICH THE PERMIT  IS  SOUGHT,  IF
DIFFERENT THAN THE APPLICANT'S BUSINESS ADDRESS;
  (VII)  THE  BUSINESS  NAME,  AND  THE NAME OF ANY PERSON, CORPORATION,
PARTNERSHIP, LIMITED LIABILITY COMPANY OR  OTHER  ENTITY  THAT  HAS  ANY
OWNERSHIP IN OR CONTROL OVER THE BUSINESS;
  (VIII) THE NAMES, DATES OF BIRTH AND ADDRESSES OF ALL PERSONS WHO WILL
HAVE ACCESS TO OR CONTROL OF WORKPLACE FIREARMS OR AMMUNITION, INCLUDING
BUT  NOT  LIMITED TO, THE APPLICANT'S EMPLOYEES, AGENTS AND SUPERVISORS,
IF ANY;
  (IX) PROOF OF A POSSESSORY INTEREST IN THE PROPERTY AT WHICH THE BUSI-
NESS IS OR WILL BE CONDUCTED, AS OWNER, LESSEE OR OTHER LEGAL  OCCUPANT,
AND,  IF  THE  APPLICANT IS NOT THE OWNER OF RECORD OF THE REAL PROPERTY
UPON WHICH  THE  APPLICANT'S  BUSINESS  IS  OR  IS  TO  BE  LOCATED  AND
CONDUCTED, THE WRITTEN CONSENT OF THE OWNER OF RECORD OF SUCH REAL PROP-
ERTY TO THE APPLICANT'S BUSINESS;

S. 7837                             3

  (X)  A  FLOOR  PLAN  OF THE BUSINESS WHICH ILLUSTRATES THE APPLICANT'S
COMPLIANCE WITH SECURITY REQUIREMENTS OF THIS ARTICLE;
  (XI)  PROOF OF COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
LICENSING, ZONING, LAND USE AND OTHER BUSINESS LAWS;
  (XII) CERTIFICATION OF SATISFACTION OF THE INSURANCE  REQUIREMENTS  OF
THIS ARTICLE; AND
  (XIII)  THE DATES, LOCATIONS AND NATURE OF ALL CRIMINAL CONVICTIONS OF
THE APPLICANT, IF ANY, IN ANY JURISDICTION IN THE UNITED STATES.
  2. THE DIVISION MAY IMPOSE A FEE FOR THE SUBMISSION OF AN  APPLICATION
PURSUANT TO THIS SECTION.
  S  828.  INVESTIGATION  BY  DIVISION. 1. THE DIVISION SHALL CONDUCT AN
INVESTIGATION OF THE APPLICANT TO DETERMINE WHETHER A DEALER PERMIT  MAY
BE ISSUED OR RENEWED. THE DIVISION SHALL REQUIRE: (A) THE APPLICANT; AND
(B) ALL PERSONS WHO WILL HAVE ACCESS TO OR CONTROL OF WORKPLACE FIREARMS
OR  AMMUNITION,  INCLUDING BUT NOT LIMITED TO THE APPLICANT'S EMPLOYEES,
AGENTS AND/OR SUPERVISORS, IF ANY, TO  PROVIDE  FINGERPRINTS,  A  RECENT
PHOTOGRAPH, A SIGNED AUTHORIZATION FOR THE RELEASE OF PERTINENT RECORDS,
AND ANY ADDITIONAL INFORMATION WHICH THE COMMISSIONER DEEMS NECESSARY TO
COMPLETE THE INVESTIGATION.
  2. PRIOR TO ISSUANCE OR RENEWAL OF A DEALER PERMIT, THE DIVISION SHALL
INSPECT THE PREMISES OF THE APPLICANT BUSINESS TO ENSURE COMPLIANCE WITH
THIS ARTICLE.
  3. THE DIVISION MAY GRANT OR RENEW A DEALER PERMIT IF THE APPLICANT IS
IN COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND ALL OTHER APPLICA-
BLE FEDERAL, STATE AND LOCAL LAWS.
  S  829.  GROUNDS  FOR  DENIAL OF PERMIT. 1. THE DIVISION SHALL DENY AN
APPLICATION FOR THE ISSUANCE OR RENEWAL OF A DEALER PERMIT IF THE OPERA-
TION OF THE BUSINESS WOULD NOT OR DOES NOT COMPLY  WITH  FEDERAL,  STATE
AND LOCAL LAWS, OR IF THE APPLICANT:
  (A) IS UNDER TWENTY-ONE YEARS OF AGE;
  (B)  IS  NOT LICENSED AS REQUIRED BY ALL APPLICABLE FEDERAL, STATE AND
LOCAL LAWS;
  (C) HAS MADE A FALSE OR MISLEADING STATEMENT OF  A  MATERIAL  FACT  OR
OMISSION  OF  A  MATERIAL FACT IN THE APPLICATION FOR SUCH PERMIT, OR IN
ANY OTHER DOCUMENTS SUBMITTED TO THE DIVISION. IF A PERMIT IS DENIED  ON
THIS  GROUND,  THE  APPLICANT IS PROHIBITED FROM REAPPLYING FOR A PERMIT
FOR A PERIOD OF FIVE YEARS;
  (D) HAS HAD A LICENSE OR PERMIT TO SELL, LEASE, TRANSFER, PURCHASE  OR
POSSESS  FIREARMS  OR  AMMUNITION FROM THE FEDERAL OR ANY STATE OR LOCAL
GOVERNMENT REVOKED, SUSPENDED  OR  DENIED  FOR  GOOD  CAUSE  WITHIN  THE
PRECEDING FIVE YEARS;
  (E)  IS  PROHIBITED BY ANY FEDERAL, STATE OR LOCAL LAW FROM PURCHASING
OR POSSESSING FIREARMS OR AMMUNITION, OR HAS BEEN CONVICTED OF:
  (I) A CRIME RELATING TO THE MANUFACTURE, SALE, POSSESSION OR USE OF  A
FIREARM, RIFLE, SHOTGUN, DANGEROUS DEADLY WEAPON OR AMMUNITION;
  (II) A CRIME INVOLVING THE USE OF FORCE OR VIOLENCE UPON THE PERSON OF
ANOTHER;
  (III) A CRIME INVOLVING THEFT, FRAUD, DISHONESTY OR DECEIT; OR
  (IV)  A  CRIME  INVOLVING  THE  SALE  OR  POSSESSION  OF  A CONTROLLED
SUBSTANCE; OR
  (F) IS CURRENTLY OR HAS BEEN  WITHIN  THE  PRECEDING  FIVE  YEARS,  AN
UNLAWFUL USER OF OR ADDICTED TO A CONTROLLED SUBSTANCE.
  2.  THE  EMPLOYEES,  AGENTS  AND SUPERVISORS OF AN APPLICANT SHALL NOT
HAVE ACCESS TO OR CONTROL OVER WORKPLACE FIREARMS  OR  AMMUNITION  UNTIL
THE  DIVISION  HAS  CONDUCTED AN INVESTIGATION PURSUANT TO SECTION EIGHT
HUNDRED TWENTY-EIGHT OF THIS ARTICLE, AND  VERIFIED  THAT  NONE  OF  THE

S. 7837                             4

CONDITIONS  LISTED  IN SUBDIVISION ONE OF THIS SECTION EXIST, AS APPLIED
TO THOSE EMPLOYEES, AGENTS OR SUPERVISORS. A NEW LAW ENFORCEMENT  INVES-
TIGATION  AND  BACKGROUND VERIFICATION OF SUCH PERSONS MUST BE CONDUCTED
EACH  TIME  THE APPLICANT RENEWS HIS OR HER PERMIT, OR APPLIES FOR A NEW
PERMIT.
  S 830. ISSUANCE OF DEALER PERMIT. A DEALER PERMIT SHALL BE VALID FOR A
PERIOD OF THREE YEARS FROM THE DATE OF ITS ISSUANCE.  A  PERMIT  MAY  BE
RENEWED PRIOR TO ITS EXPIRATION IF THE PERMITTEE SUBMITS A TIMELY APPLI-
CATION  FOR  RENEWAL,  ACCOMPANIED BY A NONREFUNDABLE RENEWAL FEE ESTAB-
LISHED BY THE COMMISSIONER. RENEWAL OF A PERMIT SHALL BE CONTINGENT UPON
THE PERMITTEE'S COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE ORIGINAL
APPLICATION AND PERMIT AND ANY ADDITIONAL CONDITIONS ARISING PURSUANT TO
LAW. ANY POLICE OFFICER MAY INSPECT THE BUSINESS PREMISES FOR COMPLIANCE
WITH THE PROVISIONS OF THIS ARTICLE PRIOR TO RENEWAL OF THE PERMIT.  THE
RENEWAL APPLICATION AND THE RENEWAL FEE MUST BE RECEIVED BY THE DIVISION
NO  LATER  THAN  FORTY-FIVE  DAYS  BEFORE  THE EXPIRATION OF THE CURRENT
PERMIT.
  S 831. REVOCATION. THE DIVISION MAY REVOKE THE DEALER  PERMIT  OF  ANY
PERMITTEE  FOUND TO BE IN VIOLATION OF ANY PROVISION OF THIS ARTICLE, OR
ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW.
  S 832. REPORT OF REVOCATION. IN ADDITION TO ANY OTHER PENALTY OR REME-
DY, THE DIVISION SHALL REPORT THE REVOCATION OF ANY DEALER PERMIT TO THE
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.
  S 833. DISPLAY OF DEALER PERMIT. THE  DEALER  PERMIT  OF  A  PERMITTED
BUSINESS  SHALL  BE  CONSPICUOUSLY  DISPLAYED  UPON THE PREMISES OF SUCH
BUSINESS IN A LOCATION VISIBLE TO THE PUBLIC.
  S 834. INSPECTION. PERMITTED PLACES OF  BUSINESS  SHALL  BE  OPEN  FOR
INSPECTION  BY  ANY  POLICE  OFFICER  DURING ALL HOURS OF OPERATION. THE
DIVISION SHALL CONDUCT AN INSPECTION OF THE BUSINESS IN CONNECTION  WITH
THE  INITIAL  ISSUANCE OF A PERMIT, AND THEREAFTER CONDUCT AN INSPECTION
IN CONNECTION WITH EACH RENEWAL OF THE PERMIT. PERMITTEES SHALL MAINTAIN
ALL RECORDS, DOCUMENTS, FIREARMS AND AMMUNITION IN A  MANNER  AND  PLACE
ACCESSIBLE FOR INSPECTION BY LAW ENFORCEMENT OFFICERS.
  S  835. SECURITY. 1. ALL FIREARMS AND AMMUNITION IN THE INVENTORY OF A
PERMITTEE SHALL BE KEPT AT THE PERMITTED BUSINESS LOCATION.
  2. IF THE BUSINESS LOCATION IS TO BE USED AT LEAST  IN  PART  FOR  THE
SALE  OF  FIREARMS, ALL PERIMETER DOORWAYS, WINDOWS, AND HEATING, VENTI-
LATING, AIR-CONDITIONING AND SERVICE OPENINGS  SHALL  BE  SECURED  IN  A
MANNER PRESCRIBED BY THE COMMISSIONER.
  3.  ANY  TIME A PERMITTED BUSINESS LOCATION IS NOT OPEN TO THE PUBLIC,
EVERY FIREARM SHALL BE STORED IN ONE OF THE FOLLOWING WAYS:
  (A) IN A LOCKED FIREPROOF SAFE OR VAULT IN  THE  PERMITTEE'S  BUSINESS
PREMISES  THAT  MEETS  UNDERWRITERS  LABORATORIES  RESIDENTIAL  SECURITY
CONTAINER RATING STANDARDS BY A NATIONALLY RECOGNIZED TESTING  LABORATO-
RY; OR
  (B)  SECURED WITH A HARDENED STEEL ROD OR CABLE OF AT LEAST ONE-FOURTH
INCH IN DIAMETER THROUGH THE TRIGGER GUARD OF THE FIREARM.  NO MORE THAN
FIVE FIREARMS MAY BE AFFIXED TO ANY ONE ROD OR CABLE AT ANY TIME.
  4. ANY TIME A PERMITTED BUSINESS LOCATION IS OPEN TO THE  PUBLIC,  ALL
FIREARMS SHALL BE KEPT UNLOADED AND ALL FIREARMS AND AMMUNITION SHALL BE
KEPT  IN  AN  AREA OF THE PERMITTED BUSINESS INACCESSIBLE TO THE PUBLIC,
EXCEPT WHEN IN THE IMMEDIATE PRESENCE OF AND  UNDER  THE  DIRECT  SUPER-
VISION OF THE PERMITTEE OR HIS OR HER EMPLOYEES.
  5.  THE  PERMITTED  BUSINESS  LOCATIONS  SHALL  BE SECURED BY AN ALARM
SYSTEM THAT IS INSTALLED AND MAINTAINED BY  AN  ALARM  COMPANY  OPERATOR
PROPERLY LICENSED PURSUANT TO LAW. THE ALARM SYSTEM MUST BE MONITORED BY

S. 7837                             5

A CENTRAL STATION LISTED BY UNDERWRITERS LABORATORIES, INC., AND COVERED
BY  AN  ACTIVE  UNDERWRITERS LABORATORIES, INC. ALARM SYSTEM CERTIFICATE
WITH A #3 EXTENT OF PROTECTION.
  6.  EACH  PERMITTED  BUSINESS  LOCATION SHALL BE EQUIPPED WITH A VIDEO
SURVEILLANCE SYSTEM SUFFICIENT TO MONITOR  THE  CRITICAL  AREAS  OF  THE
BUSINESS  PREMISES  INCLUDING,  BUT  NOT  LIMITED  TO,  ALL PLACES WHERE
FIREARMS  OR  AMMUNITION  ARE  STORED,  HANDLED,  SOLD,  TRANSFERRED  OR
CARRIED. THE VIDEO SURVEILLANCE SYSTEM SHALL OPERATE CONTINUOUSLY, WITH-
OUT  INTERRUPTION,  WHENEVER  THE PERMITTED BUSINESS LOCATION IS OPEN TO
THE PUBLIC. WHENEVER THE PERMITTED BUSINESS LOCATION IS NOT OPEN TO  THE
PUBLIC,  THE  SYSTEM  SHALL  BE TRIGGERED BY A MOTION DETECTOR AND BEGIN
RECORDING IMMEDIATELY UPON DETECTION OF ANY MOTION WITHIN THE  MONITORED
AREA. IN ADDITION, THE SALE OR TRANSFER OF A FIREARM OR AMMUNITION SHALL
BE  RECORDED  BY  THE  VIDEO  SURVEILLANCE SYSTEM IN SUCH A WAY THAT THE
FACIAL FEATURES OF THE PURCHASER OR TRANSFEREE ARE CLEARLY VISIBLE.  THE
STORED IMAGES SHALL BE MAINTAINED AT THE PERMITTED BUSINESS LOCATION FOR
A  PERIOD NOT LESS THAN ONE YEAR FROM THE DATE OF RECORDATION, AND SHALL
BE MADE AVAILABLE FOR INSPECTION BY A POLICE OFFICER UPON  REQUEST.  THE
PERMITTEE  SHALL  POST A SIGN IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO
THE PREMISES THAT STATES IN BLOCK LETTERS NOT  LESS  THAN  ONE  INCH  IN
HEIGHT:  "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE
RECORDED."
  S 836. INSURANCE. 1. IF A BUSINESS LOCATION IS TO BE USED FOR THE SALE
OF FIREARMS, NO DEALER PERMIT SHALL BE ISSUED OR RENEWED UNLESS THERE IS
IN EFFECT A POLICY OF INSURANCE IN A FORM APPROVED BY THE DEPARTMENT  OF
FINANCIAL SERVICES AND EXECUTED BY AN INSURANCE COMPANY APPROVED BY SUCH
DEPARTMENT, INSURING THE APPLICANT AGAINST LIABILITY FOR DAMAGE TO PROP-
ERTY  AND  FOR  INJURY  TO,  OR  DEATH OF, ANY PERSON AS A RESULT OF THE
THEFT, SALE, LEASE OR TRANSFER OR OFFERING FOR SALE, LEASE  OR  TRANSFER
OF  A  FIREARM  OR  AMMUNITION, OR ANY OTHER OPERATIONS OF THE BUSINESS.
THE LIMITS OF LIABILITY SHALL NOT BE LESS THAN ONE MILLION  DOLLARS  FOR
EACH  INCIDENT OF DAMAGE TO PROPERTY OR INCIDENT OF INJURY OR DEATH TO A
PERSON; PROVIDED, HOWEVER, THAT INCREASED LIMITS  OF  LIABILITY  MAY  BE
REQUIRED BY THE DIVISION IF DEEMED NECESSARY.
  2. THE POLICY OF INSURANCE SHALL CONTAIN AN ENDORSEMENT PROVIDING THAT
THE POLICY SHALL NOT BE CANCELLED UNTIL WRITTEN NOTICE HAS BEEN GIVEN TO
THE  DIVISION  AT  LEAST  THIRTY DAYS PRIOR TO THE TIME THE CANCELLATION
BECOMES EFFECTIVE.
  3. UPON EXPIRATION OF THE POLICY OF INSURANCE, AND  IF  NO  ADDITIONAL
INSURANCE  IS  OBTAINED,  THE  DEALER PERMIT SHALL BE CONSIDERED REVOKED
WITHOUT FURTHER NOTICE.
  S 837. LOCATION OF  BUSINESS.  1.  THE  PERMITTED  BUSINESS  SHALL  BE
CARRIED  ON  ONLY IN THE BUILDING LOCATED AT THE STREET ADDRESS SHOWN ON
THE PERMIT. THIS REQUIREMENT  SHALL  NOT  PROHIBIT  THE  PERMITTEE  FROM
PARTICIPATING  IN  A GUN SHOW OR EVENT AS DEFINED UNDER FEDERAL LAW THAT
IS AUTHORIZED BY FEDERAL, STATE OR LOCAL LAW UPON COMPLIANCE WITH  THOSE
LAWS.
  2.  THE  PERMITTED  BUSINESS  PREMISES  SHALL  NOT  BE  LOCATED IN ANY
DISTRICT OR AREA THAT IS ZONED FOR RESIDENTIAL USE,  OR  WITHIN  FIFTEEN
HUNDRED  FEET OF ANY SCHOOL, PRE-SCHOOL, DAY-CARE FACILITY, PARK, COMMU-
NITY CENTER, PLACE OF WORSHIP, LIQUOR STORE, BAR,  YOUTH  CENTER,  VIDEO
ARCADE,  AMUSEMENT  PARK  (NOT INCLUDING A TEMPORARY CARNIVAL OR SIMILAR
EVENT), OR RESIDENTIALLY ZONED DISTRICT OR AREA.
  S 838. PUBLIC WARNING. EACH PERMITTEE SHALL POST CONSPICUOUSLY  WITHIN
THE  PERMITTED  PREMISES THE FOLLOWING WARNING IN BLOCK LETTERS NOT LESS
THAN ONE INCH IN HEIGHT: "CHILDREN ARE  ATTRACTED  TO  AND  CAN  OPERATE

S. 7837                             6

FIREARMS  THAT  MAY CAUSE SEVERE INJURIES OR DEATH. PREVENT CHILD ACCESS
BY ALWAYS KEEPING GUNS LOCKED AWAY AND UNLOADED WHEN NOT  IN  USE,  WITH
AMMUNITION STORED SEPARATELY."
  S  839. DUTIES UPON SALE, LEASE OR TRANSFER. 1. NO PERMITTEE OR AGENT,
EMPLOYEE OR OTHER PERSON ACTING UNDER THE  PERMITTEE'S  AUTHORITY  SHALL
SELL,  TRANSFER,  LEASE  OR  LOAN  ANY  FIREARM  OR  AMMUNITION FROM THE
PERMITTEE'S INVENTORY UNTIL HE OR SHE HAS VIEWED THE TRANSFEREE'S  DRIV-
ER'S   LICENSE  OR  OTHER  GOVERNMENT-ISSUED  IDENTIFICATION  CARD  THAT
CONTAINS THE TRANSFEREE'S SIGNATURE, PHOTOGRAPH AND AGE.
  2. NO PERMITTEE OR AGENT, EMPLOYEE OR OTHER PERSON  ACTING  UNDER  THE
PERMITTEE'S AUTHORITY SHALL SELL, TRANSFER, LEASE OR LOAN ANY FIREARM OR
AMMUNITION  TO  ANY  PERSON  THE  PERMITTEE  OR AGENT, EMPLOYEE OR OTHER
PERSON ACTING UNDER THE PERMITTEE'S AUTHORITY KNOWS  OR  HAS  REASONABLE
CAUSE  TO  BELIEVE  IS  PROHIBITED  BY  FEDERAL, STATE OR LOCAL LAW FROM
PURCHASING OR POSSESSING THE FIREARM OR AMMUNITION.
  S 840. SALES RECORDS AND REPORTING. 1. NO PERMITTEE OR AGENT, EMPLOYEE
OR OTHER PERSON ACTING  UNDER  THE  PERMITTEE'S  AUTHORITY  SHALL  SELL,
TRANSFER,  LEASE  OR LOAN ANY FIREARM OR AMMUNITION FROM THE PERMITTEE'S
INVENTORY WITHOUT RECORDING THE  FOLLOWING  INFORMATION  IN  WRITTEN  OR
ELECTRONIC FORM TO BE PROVIDED BY THE DIVISION:
  (A) THE DATE OF THE TRANSACTION;
  (B)  THE  NAME,  ADDRESS,  TELEPHONE  NUMBER  AND DATE OF BIRTH OF THE
TRANSFEREE;
  (C) THE NUMBER OF THE TRANSFEREE'S CURRENT DRIVER'S LICENSE  OR  OTHER
GOVERNMENT-ISSUED  IDENTIFICATION  CARD  CONTAINING  A PHOTOGRAPH OF THE
TRANSFEREE AND THE NAME OF THE GOVERNMENTAL AUTHORITY THAT ISSUED IT;
  (D) THE MAKE, MODEL, CALIBER AND SERIAL NUMBER OF ANY  FIREARM  TRANS-
FERRED, AND THE BRAND, TYPE, CALIBER OR GAUGE, AND QUANTITY OF ANY AMMU-
NITION TRANSFERRED;
  (E) THE TRANSFEREE'S SIGNATURE; AND
  (F)  THE  NAME  OF THE PERMITTEE'S AGENT OR EMPLOYEE WHO PROCESSED THE
TRANSACTION.
  2. THE PERMITTEE AND ANY AGENT, EMPLOYEE OR OTHER PERSON ACTING  UNDER
THE  PERMITTEE'S AUTHORITY SHALL ALSO, AT THE TIME OF PURCHASE OR TRANS-
FER, OBTAIN THE RIGHT THUMBPRINT OF THE TRANSFEREE ON THE FORM DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION.
  3. WITHIN TWENTY-FOUR HOURS  OF  A  TRANSFER,  THE  PERMITTEE  OR  ANY
AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
TY  SHALL  ELECTRONICALLY TRANSMIT TO THE DIVISION ALL SUCH INFORMATION.
THE ELECTRONIC TRANSMITTAL SHALL BE  BY  A  METHOD,  AND  IN  A  FORMAT,
APPROVED  BY  THE DIVISION. THE DIVISION SHALL MAINTAIN SUCH RECORDS FOR
AT LEAST TEN YEARS.
  4. THE RECORDS CREATED IN ACCORDANCE WITH THIS SECTION MUST BE  PERMA-
NENTLY MAINTAINED ON THE BUSINESS PREMISES OF THE PERMITTEE AND SHALL BE
MADE AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER UPON REQUEST.
  S 841. FIREARMS ACQUISITION RECORDS AND REPORTING. 1. THE PERMITTEE OR
AN AGENT, EMPLOYEE OR OTHER PERSON ACTING UNDER THE PERMITTEE'S AUTHORI-
TY  SHALL  RECORD  THE  FOLLOWING  INFORMATION  REGARDING  EVERY FIREARM
RECEIVED OR ACQUIRED FOR THE PERMITTEE'S  INVENTORY  ON  A  FORM  TO  BE
ESTABLISHED BY THE DIVISION:
  (A) THE NAME OF THE PERMITTEE;
  (B)  THE  PARTICULAR  MAKE,  MODEL,  CALIBER AND SERIAL NUMBER OF EACH
FIREARM RECEIVED OR ACQUIRED;
  (C) THE DATE EACH FIREARM WAS RECEIVED OR ACQUIRED; AND
  (D) THE NAME, ADDRESS AND TELEPHONE NUMBER OF  THE  PERSON  FROM  WHOM
EACH FIREARM WAS RECEIVED OR ACQUIRED.

S. 7837                             7

  2.  WITHIN  TWENTY-FOUR  HOURS  OF  THE  RECEIPT OR ACQUISITION OF ANY
FIREARM, THE PERMITTEE AND ANY AGENTS, EMPLOYEES OR OTHER PERSONS ACTING
UNDER THE PERMITTEE'S AUTHORITY SHALL  ELECTRONICALLY  TRANSMIT  TO  THE
DIVISION ALL OF THE INFORMATION REQUIRED BY THIS SECTION. THE ELECTRONIC
TRANSMITTAL  SHALL  BE  BY A METHOD, AND IN A FORMAT, ESTABLISHED BY THE
DIVISION. THE DIVISION SHALL MAINTAIN THESE RECORDS  FOR  AT  LEAST  TEN
YEARS.
  3.  THE RECORDS CREATED IN ACCORDANCE WITH THIS SECTION MUST BE PERMA-
NENTLY MAINTAINED ON THE BUSINESS PREMISES OF THE PERMITTEE AND SHALL BE
MADE AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER UPON REQUEST.
  S 842. INVENTORY REPORTS. WITHIN THE FIRST FIVE BUSINESS DAYS OF APRIL
AND OCTOBER OF EACH CALENDAR YEAR, EACH PERMITTEE SHALL CAUSE A PHYSICAL
INVENTORY TO BE TAKEN THAT INCLUDES A LISTING OF EACH  FIREARM  HELD  BY
THE PERMITTEE BY MAKE, MODEL, CALIBER AND SERIAL NUMBER, TOGETHER WITH A
LISTING  OF EACH FIREARM THE PERMITTEE HAS SOLD SINCE THE LAST INVENTORY
PERIOD. IN ADDITION, THE INVENTORY  SHALL  INCLUDE  A  LISTING  OF  EACH
FIREARM LOST OR STOLEN SINCE THE LAST INVENTORY PERIOD. IMMEDIATELY UPON
COMPLETION  OF  THE INVENTORY, THE PERMITTEE SHALL FORWARD A COPY OF THE
INVENTORY TO THE ADDRESS SPECIFIED BY THE DIVISION,  BY  SUCH  MEANS  AS
SPECIFIED  BY  THE  DIVISION.  THE DIVISION SHALL MAINTAIN A COPY OF THE
INVENTORY FOR AT LEAST TEN YEARS. WITH EACH COPY OF THE  INVENTORY,  THE
PERMITTEE  SHALL  INCLUDE  AN AFFIDAVIT SIGNED BY AN AUTHORIZED AGENT OR
EMPLOYEE ON BEHALF OF THE PERMITTEE UNDER  PENALTY  OF  PERJURY  STATING
THAT  WITHIN  THE  FIRST FIVE BUSINESS DAYS OF THAT APRIL OR OCTOBER, AS
THE CASE MAY BE, THE SIGNER PERSONALLY CONFIRMED  THE  PRESENCE  OF  THE
FIREARMS  REPORTED ON THE INVENTORY. THE PERMITTEE SHALL MAINTAIN A COPY
OF THE INVENTORY ON THE PREMISES FOR WHICH THE DEALER PERMIT WAS  ISSUED
FOR  A PERIOD OF NOT LESS THAN FIVE YEARS FROM THE DATE OF THE INVENTORY
AND SHALL MAKE THE COPY AVAILABLE FOR INSPECTION BY ANY  POLICE  OFFICER
UPON REQUEST.
  S  843.  LOST OR STOLEN AMMUNITION REPORTING. A PERMITTEE SHALL REPORT
TO THE DIVISION THE LOSS OR THEFT OF ANY QUANTITY OF AMMUNITION FROM THE
PERMITTED PREMISES WITHIN FORTY-EIGHT HOURS AFTER HE  OR  SHE  KNOWS  OR
REASONABLY SHOULD HAVE KNOWN OF SUCH LOSS OR THEFT.
  S  844.  RESTRICTED ADMITTANCE. 1. WHERE FIREARM SALES ACTIVITY IS THE
PRIMARY BUSINESS  PERFORMED  AT  THE  PERMITTED  BUSINESS  LOCATION,  NO
PERMITTEE OR ANY OF HIS OR HER AGENTS, EMPLOYEES OR OTHER PERSONS ACTING
UNDER  THE PERMITTEE'S AUTHORITY SHALL ALLOW ANY PERSON UNDER THE AGE OF
TWENTY-ONE YEARS TO ENTER INTO OR REMAIN ON THE PREMISES, UNLESS  ACCOM-
PANIED  BY  HIS  OR  HER  PARENT  OR  LEGAL GUARDIAN, PROVIDED THAT THIS
PROVISION SHALL NOT PREVENT A SUPERVISORY AGENT OR EMPLOYEE WHO HAS  THE
RIGHT  TO  CONTROL  ACTIVITIES  AT  THE BUSINESS PREMISES FROM KEEPING A
SINGLE HANDGUN ON THE BUSINESS PREMISES FOR PURPOSE OF  LAWFUL  SELF-DE-
FENSE.
  2.  WHERE  FIREARM SALES ACTIVITY IS THE PRIMARY BUSINESS PERFORMED AT
THE PERMITTED BUSINESS LOCATION, THE PERMITTEE AND ANY  OF  HIS  OR  HER
AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
TY SHALL BE RESPONSIBLE FOR REQUIRING CLEAR EVIDENCE OF AGE AND IDENTITY
OF  PERSONS  TO  PREVENT THE ENTRY OF PERSONS NOT PERMITTED TO ENTER THE
PREMISES PURSUANT TO SUBDIVISION ONE OF THIS SECTION BY REASON  OF  AGE.
CLEAR  EVIDENCE  OF AGE AND IDENTITY SHALL BE A CURRENT DRIVER'S LICENSE
OR OTHER GOVERNMENT-ISSUED IDENTIFICATION CARD CONTAINING  THE  BEARER'S
SIGNATURE, PHOTOGRAPH AND DATE OF BIRTH.
  3.  EACH  PERMITTEE  SHALL  POST THE FOLLOWING NOTICE CONSPICUOUSLY AT
EACH ENTRANCE TO THE PERMITTED BUSINESS LOCATION IN  BLOCK  LETTERS  NOT
LESS  THAN  ONE INCH IN HEIGHT, "FIREARMS ARE KEPT, DISPLAYED OR OFFERED

S. 7837                             8

FOR SALE ON THE PREMISES, AND PERSONS UNDER THE AGE OF 21  ARE  EXCLUDED
UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN."
  4.  WHERE  FIREARM SALES ACTIVITY IS THE PRIMARY BUSINESS PERFORMED AT
THE PERMITTED BUSINESS LOCATION, NO PERMITTEE  OR  ANY  OF  HIS  OR  HER
AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
TY  SHALL  ALLOW  ANY PERSON TO ENTER INTO OR REMAIN ON THE PREMISES WHO
THE PERMITTEE OR ANY OF HIS OR HER AGENTS, EMPLOYEES  OR  OTHER  PERSONS
ACTING  UNDER  THE  PERMITTEE'S AUTHORITY KNOWS OR HAS REASON TO KNOW IS
PROHIBITED FROM POSSESSION OR PURCHASING FIREARMS, RIFLES,  SHOTGUNS  OR
AMMUNITION PURSUANT TO FEDERAL, STATE OR LOCAL LAW.
  S  845.  CRIMINAL  PENALTY.  ANY  VIOLATION OF THIS ARTICLE SHALL BE 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; provided, however,
that the provisions of this act shall not apply to any person engaged in
the business of selling, leasing or transferring firearms or  ammunition
on  the  effective  date of this act, until the ninetieth day after such
date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.