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

                                   192

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. KAVANAGH, SCHIMEL -- read once and referred to
  the Committee on Codes

AN ACT to amend  the  penal  law,  in  relation  to  requiring  licensed
  firearms  businesses  to  report  the  crime of criminal purchase of a
  weapon and requiring background checks  for  employees  who  would  be
  authorized to possess or transfer firearms

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

  Section 1. Section 265.17 of the penal law, as added by chapter 189 of
the laws of 2000, is amended to read as follows:
S 265.17 Criminal purchase of a weapon.
  1. A person is guilty of criminal purchase of a weapon when:
  [1.] (A) Knowing that he or she is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction  or  because  of
some  other  disability  which  would  render  him  or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, such  person
attempts to purchase a firearm, rifle or shotgun from another person; or
  [2.]  (B)  Knowing  that  it  would  be unlawful for another person to
possess a firearm, rifle or shotgun, he  or  she  purchases  a  firearm,
rifle or shotgun for, on behalf of, or for the use of such other person.
  2.  A  GUNSMITH  OR DEALER IN FIREARMS SHALL REPORT WITHIN TWENTY-FOUR
HOURS TO THE DIVISION OF STATE POLICE, OR IN THE CITY OF  NEW  YORK  THE
POLICE  DEPARTMENT  OF  SUCH  CITY,  ANY  INSTANCE  IN  WHICH ANY PERSON
ATTEMPTS TO PURCHASE A FIREARM, RIFLE OR SHOTGUN FROM SUCH  GUNSMITH  OR
DEALER  IF  A  BACKGROUND  CHECK  SUCH  GUNSMITH  OR  DEALER CONDUCTS IN
CONNECTION WITH SUCH ATTEMPTED PURCHASE, IN THE NATIONAL INSTANT  CRIMI-
NAL  BACKGROUND  CHECK  SYSTEM  OR  ANY  SUCCESSOR  SYSTEM,  INDICATES A
"DENIED" RESPONSE AS DEFINED IN 28 C.F.R. S 25.6. SUCH GUNSMITH OR DEAL-
ER SHALL KEEP WITH THE OTHER RECORDS REQUIRED UNDER  SUBDIVISION  TWELVE
OF  SECTION  400.00 OF THIS CHAPTER, A RECORD APPROVED AS TO FORM BY THE

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

                                                           LBD03538-01-3

A. 192                              2

SUPERINTENDENT OF STATE POLICE, OR IN THE  CITY  OF  NEW  YORK  BY  SUCH
CITY'S  POLICE COMMISSIONER, OF HAVING MADE EACH REPORT REQUIRED BY THIS
SUBDIVISION.
  Criminal purchase of a weapon is a class A misdemeanor.
  S 2. Section 400.00 of the penal law is amended by adding a new subdi-
vision 12-b to read as follows:
  12-B.  EMPLOYEES  OF  A  GUNSMITH OR DEALER IN FIREARMS. (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 THEREFROM, AND SUCH EMPLOYEE HAS BEEN
ISSUED A VALID EMPLOYMENT CERTIFICATE  FROM  THE  DIVISION  OF  CRIMINAL
JUSTICE SERVICES; OR (II) SUCH PERSON HAS OBTAINED AND POSSESSES A VALID
LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF
THIS ARTICLE.
  (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
APPLICANT'S  PROSPECTIVE  EMPLOYER  TO  THE DIVISION OF CRIMINAL JUSTICE
SERVICES IN A FORM APPROVED BY SUCH DIVISION. 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

A. 192                              3

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.
  (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 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, except that the division of criminal justice
services shall promulgate any rules or regulations or approve any  forms
necessary  for  applications for employment certificates to be submitted
to and approved by such division and for employment certificates  to  be
issued  by  such division pursuant to subdivision 12-b of section 400.00
of the penal law as added by section two of this act, and shall begin to
issue such certificates to qualifying employees before the  one  hundred
eightieth day after this act shall have become a law.