|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S35
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S35 - Details
S35 - Summary
Requires employees of dealers in firearms to submit to state and national criminal background checks and sets forth procedures for employment certificates.
S35 - Sponsor Memo
BILL NUMBER:S35 TITLE OF BILL: An act to amend the penal law, in relation to requiring background checks for employees authorized to possess or transfer firearms in the course of a licensed firearms business PURPOSE: This bill would require all employees of gunsmiths and dealers of firearms, whose duties include handling, selling, or otherwise disposing of firearms to submit to an instant background check through the National Instant Criminal Background Check System (NICS) required under federal law for persons to purchase guns from licensed dealers and gunsmiths. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 400.00 of the penal law by adding a new subdivision 12-b to state that no firearm dealer may hire anyone otherwise prohibited from possessing a firearm under federal law. Potential employees must apply for an employment certificate through the Division of Criminal Justice Services (DCJS), who would review the application using NICS. If DCJS receives a negative response from NICS for any employee, the dealer will be required to deny employment to the applicant. Current employees of dealers would be required to be reviewed by NICS and obtain an employment
S35 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 35 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to requiring background checks for employees authorized to possess or transfer firearms in the course of a licensed firearms business THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 400.00 of the penal law is amended by adding a new subdivision 12-b to read as follows: 12-B. GUNSMITH OR DEALER IN FIREARMS EMPLOYEES. (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 THERE- FROM, AND SUCH EMPLOYEE HAS BEEN ISSUED A VALID EMPLOYMENT CERTIFICATE BY THE DIVISION OF CRIMINAL JUSTICE SERVICES; (II) SUCH PERSON HAS OBTAINED AND POSSESSES A VALID LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS ARTICLE; OR (III) SUCH PERSON WAS EMPLOYED BY THE GUNSMITH OR DEALER IN FIREARMS PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION AND NO MORE THAN SIX MONTHS HAVE ELAPSED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00351-01-3
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