senate Bill S53

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S53 - Details

See Assembly Version of this Bill:
A75
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 - Summary

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

S53 - Sponsor Memo

S53 - Bill Text download pdf

                    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

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