senate Bill S53

2013-2014 Legislative Session

Requires employees of dealers in firearms and gunsmiths to submit to a criminal background check

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S53 - Bill Details

See Assembly Version of this Bill:
A75
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S676, A3597
2009-2010: S6676A, A5696D

S53 - Bill Texts

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Requires employees of dealers in firearms to submit to state and national criminal background checks.

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BILL NUMBER:S53

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
certificate within six months of passage of this bill. The employment
certificate would be invalidated upon termination of employment.

Section 2 of the bill specifies the effective date as being 90 days
after being signed into law.

JUSTIFICATION:
Under current law, licensed firearms dealers are required to conduct
criminal background checks through the DOS on prospective purchasers
of firearms. However, while the dealers themselves are required to be
licensed, their employees who have access to the firearms on a daily
basis, are not required to undergo any type of pre-employment
examination. This legislation would correct this anomaly by requiring
the DOS to administer background checks of all new employees through
the NICS.

Since dealers routinely perform these checks multiple times a day for
purchasers, the bill will not impose a meaningful new burden.
However, it will help to ensure those ineligible to purchase firearms
are not handling or selling them.

LEGISLATIVE HISTORY:
2011-12: S.676
2009/10: Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect on the 90th day after it
shall have become law.

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

                                   53

                       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
FROM 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.
                                                           LBD01083-01-3

S. 53                               2

  (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
APPLICANT'S  PROSPECTIVE  EMPLOYER  TO  THE DIVISION OF CRIMINAL JUSTICE
SERVICES. BLANK 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
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 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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