S T A T E O F N E W Y O R K
________________________________________________________________________
3181
2013-2014 Regular Sessions
I N A S S E M B L Y
January 24, 2013
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Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Codes
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.
LBD01834-01-3
A. 3181 2
1. ANY LAW ENFORCEMENT OR CORRECTIONAL AGENCY, OR POLICE OFFICER OR
CORRECTIONS OFFICER ACTING WITHIN THE COURSE OR SCOPE OF HIS OR HER
EMPLOYMENT;
2. ANY FEDERAL OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS OR CARRY A
FIREARM IN THE COURSE OF HIS OR HER DUTIES, AND ANY MEMBER OF THE ARMED
FORCES OF THE UNITED STATES OR THE NATIONAL GUARD;
3. ANY MANUFACTURER, DISTRIBUTOR OR DEALER OF FIREARMS WHEN TRANS-
FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER;
4. ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL LAW,
RECEIVING A FIREARM FOR SERVICE OR REPAIR; AND
5. ANY COMMON CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS.
S 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
SHALL BE GUILTY OF 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.