senate Bill S574

2013-2014 Legislative Session

Regulates firearms and ammunition dealers

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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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Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

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S574 - Bill Details

See Assembly Version of this Bill:
A3364
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add Art 38-B §§825 - 845, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S7837

S574 - Bill Texts

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Regulates firearms and ammunition dealers; requires such dealers to hold a permit issued by the division of criminal justice services after an investigation of the applicant by such division; requires such dealers to have insurance and engage in certain security measures at their businesses; violations of such provisions shall constitute a class A misdemeanor.

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BILL NUMBER:S574

TITLE OF BILL:
An act
to amend the general business law, in relation to regulating firearms
and ammunition sellers

PURPOSE:
The purpose of this act is to establish a record retention policy and
fill the gaps in existing law regulating firearms and ammunition
dealers, so as to reduce the number of firearm deaths and injuries
from the irresponsible or criminal use of firearms and ammunition.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new Article 38-B to the General Business
Law regulating firearms and ammunition dealer's. The new article
contains twenty-one sections as follows:

* Section 825-832: (i) defines certain terms; (ii) requires all persons
who engage in the business of selling, leasing or transferring
firearms, rifles, shotguns or ammunition to be issued a dealer permit
by the Division of Criminal Justice Services (DCJS); (iii)
establishes the conditions for DCJS to grant, renew or deny said
permit; and (iv) provides the grounds for revocation of a dealer
permit.

* Section 833-838 requires: (i) the permit to be conspicuously
displayed in a location visible to the public; (ii) the inspection by
any police officer; (iii) permittees to maintain all records for 10
years; (iv) security requirements to be implemented; (v) insurance
criteria for permitting; (vi) location of the business
specifications; and (vii) conspicuously placed public warnings.

* Section 839-841 provides: (i) for the prohibition of the permitee or
person acting under permittee's authority from selling, transferring,
leasing or loaning any firearm, rifle, shotgun or ammunition from the
permittee's inventory until certain conditions are satisfied; and
(ii)the recording of specified sales and acquisition records in
written or electronic form to be provided by DCJS.

* Section 842-844 requires: (i) physical inventory to be taken within
the first 5 business days of April and October of each calendar year;
(ii) reporting by permittee of lost or stolen ammunition within 48
hours after he/she knows or reasonably should have known of loss or
theft; (iii) criteria to gain access into permittee's business; and
(iv)conspicuously placed signage of such.

* Section 845 provides that a violation of the article shall be a class
A misdemeanor.

Section 2 provides the effective date.

JUSTIFICATION:
Federal regulation of firearms dealers and ammunition sellers is
currently inadequate to protect the public safety. No federal law
requires ammunition dealers to create or maintain records of
ammunition sales, or requires persons who sell or transfer ammunition


to obtain a license. However, a number of state and local
jurisdictions have adopted such laws. This bill would establish a
strong record retention policy in New York State.

Federally-licensed firearm dealers are a major source of trafficked
firearms and federal laws are silent regarding many important aspects
of firearms dealer's and ammunition dealers' business. Among other
things, federal law does not require these businesses to: (a)
implement security requirements; (b) conduct employee background
checks; (c) maintain adequate liability insurance; or (d) refrain
from operating in residential neighborhoods, or near schools, daycare
centers or parks.

The American public overwhelmingly supports the regulation of firearms
dealers. A nationwide poll conducted in March and April 2008 found
that: (a) 910 of Americans favor requiring gun stores to perform
background checks on employees; (b) 866- of Americans favor requiring
gun retailers to inspect their inventories every year to report
stolen or missing guns; (c) 886- of Americans favor requiring stores
to keep all guns locked securely to prevent theft; and (d) 74%. of
Americans favor requiring gun retailers to videotape all gun sales.

LEGISLATIVE HISTORY:
2012: Senate Bill
7837 (Gianaris) - Died in Senate Rules Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of January next succeeding the date on which it shall become
a law; provided, however, that the provisions of this act shall not
apply to any person engaged in the business of selling, leasing or
transferring firearms, rifles, shotguns ox ammunition on the
effective date of this act, until the ninetieth day after such date.

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

                                   574

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, HASSELL-
  THOMPSON, KRUEGER, MONTGOMERY, PERKINS, RIVERA, SERRANO,  STAVISKY  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Consumer Protection

AN ACT to amend the general business  law,  in  relation  to  regulating
  firearms and ammunition sellers

  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
                     FIREARMS AND AMMUNITION DEALERS
SECTION 825. DEFINITIONS.
        826. DEALER PERMIT.
        827. APPLICATION FOR DEALER PERMIT.
        828. INVESTIGATION BY DIVISION.
        829. GROUNDS FOR DENIAL OF PERMIT.
        830. ISSUANCE OF DEALER PERMIT.
        831. REVOCATION.
        832. REPORT OF REVOCATION.
        833. DISPLAY OF DEALER PERMIT.
        834. INSPECTION.
        835. SECURITY.
        836. INSURANCE.
        837. LOCATION OF BUSINESS.
        838. PUBLIC WARNING.
        839. DUTIES UPON SALE, LEASE OR TRANSFER.
        840. SALES RECORDS AND REPORTING.
        841. FIREARMS ACQUISITION RECORDS AND REPORTING.
        842. INVENTORY REPORTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01832-01-3

S. 574                              2

        843. LOST OR STOLEN AMMUNITION REPORTING.
        844. RESTRICTED ADMITTANCE.
        845. CRIMINAL PENALTY.
  S 825. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "APPLICANT" MEANS ANY PERSON WHO APPLIES FOR A DEALER PERMIT OR THE
RENEWAL THEREOF, TO SELL, LEASE OR TRANSFER FIREARMS OR AMMUNITION.
  2. "COMMISSIONER" MEANS THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES.
  3. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  4.  "ENGAGE  IN  THE  BUSINESS  OF  SELLING,  LEASING  OR TRANSFERRING
FIREARMS OR AMMUNITION" MEANS:
  (A) CONDUCTING  THE  BUSINESS  OF  SELLING,  LEASING  OR  TRANSFERRING
FIREARMS OR AMMUNITION;
  (B) HOLDING ONESELF OUT AS ENGAGED IN THE BUSINESS OF SELLING, LEASING
OR TRANSFERRING FIREARMS OR AMMUNITION; OR
  (C) THE SALE, LEASE OR TRANSFER OF FIREARMS OR AMMUNITION IN QUANTITY,
IN SERIES, IN INDIVIDUAL TRANSACTIONS.
  5.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
  S 826. DEALER PERMIT. NO PERSON SHALL ENGAGE IN THE BUSINESS OF  SELL-
ING,  LEASING  OR  TRANSFERRING  FIREARMS OR AMMUNITION WITHOUT A DEALER
PERMIT ISSUED PURSUANT TO THIS ARTICLE.
  S 827. APPLICATION FOR DEALER PERMIT. 1. A PERSON WHO IS  REQUIRED  TO
OBTAIN A DEALER PERMIT PURSUANT TO THIS ARTICLE SHALL:
  (A) APPEAR IN PERSON AT A TIME AND PLACE DESIGNATED BY THE COMMISSION-
ER;
  (B)  COMPLETE  AND  SUBMIT TO THE DIVISION AN APPLICATION, IN WRITING,
SIGNED UNDER PENALTY OF PERJURY, ON A FORM PRESCRIBED BY THE COMMISSION-
ER;
  (C) PROVIDE ALL INFORMATION REQUIRED BY THE COMMISSIONER, INCLUDING:
  (I) THE APPLICANT'S FULL NAME AND ANY OTHER NAME BY WHICH  THE  APPLI-
CANT HAS EVER BEEN KNOWN;
  (II) THE HOME ADDRESS AND TELEPHONE NUMBER OF THE APPLICANT;
  (III)  THE  OCCUPATION, BUSINESS ADDRESS AND BUSINESS TELEPHONE NUMBER
OF THE APPLICANT;
  (IV) THE LICENSE AND PERMIT NUMBERS OF ALL FEDERAL,  STATE  AND  LOCAL
LICENSES  AND PERMITS HELD BY THE APPLICANT THAT AUTHORIZE THE APPLICANT
TO SELL, LEASE OR TRANSFER FIREARMS OR AMMUNITION, IF ANY;
  (V) SUCH INFORMATION AS MAY BE REQUIRED BY THE  COMMISSIONER  RELATING
TO  EVERY  OTHER LICENSE OR PERMIT TO SELL, LEASE, TRANSFER, PURCHASE OR
POSSESS FIREARMS AND AMMUNITION WHICH IS HELD BY OR WAS  SOUGHT  BY  THE
APPLICANT FROM THE FEDERAL, OR ANY STATE OR LOCAL GOVERNMENT, INCLUDING,
BUT  NOT  LIMITED  TO, THE TYPE OF LICENSE OR PERMIT HELD OR SOUGHT, THE
DATE OF EACH APPLICATION AND WHETHER IT RESULTED IN THE ISSUANCE OF  THE
LICENSE  OR  PERMIT, AND THE DATE AND CIRCUMSTANCES OF ANY REVOCATION OR
SUSPENSION;
  (VI) THE ADDRESS OF THE LOCATION FOR WHICH THE PERMIT  IS  SOUGHT,  IF
DIFFERENT THAN THE APPLICANT'S BUSINESS ADDRESS;
  (VII)  THE  BUSINESS  NAME,  AND  THE NAME OF ANY PERSON, CORPORATION,
PARTNERSHIP, LIMITED LIABILITY COMPANY OR  OTHER  ENTITY  THAT  HAS  ANY
OWNERSHIP IN OR CONTROL OVER THE BUSINESS;
  (VIII) THE NAMES, DATES OF BIRTH AND ADDRESSES OF ALL PERSONS WHO WILL
HAVE ACCESS TO OR CONTROL OF WORKPLACE FIREARMS OR AMMUNITION, INCLUDING
BUT  NOT  LIMITED TO, THE APPLICANT'S EMPLOYEES, AGENTS AND SUPERVISORS,
IF ANY;
  (IX) PROOF OF A POSSESSORY INTEREST IN THE PROPERTY AT WHICH THE BUSI-
NESS IS OR WILL BE CONDUCTED, AS OWNER, LESSEE OR OTHER LEGAL  OCCUPANT,

S. 574                              3

AND,  IF  THE  APPLICANT IS NOT THE OWNER OF RECORD OF THE REAL PROPERTY
UPON WHICH  THE  APPLICANT'S  BUSINESS  IS  OR  IS  TO  BE  LOCATED  AND
CONDUCTED, THE WRITTEN CONSENT OF THE OWNER OF RECORD OF SUCH REAL PROP-
ERTY TO THE APPLICANT'S BUSINESS;
  (X)  A  FLOOR  PLAN  OF THE BUSINESS WHICH ILLUSTRATES THE APPLICANT'S
COMPLIANCE WITH SECURITY REQUIREMENTS OF THIS ARTICLE;
  (XI) PROOF OF COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND  LOCAL
LICENSING, ZONING, LAND USE AND OTHER BUSINESS LAWS;
  (XII)  CERTIFICATION  OF SATISFACTION OF THE INSURANCE REQUIREMENTS OF
THIS ARTICLE; AND
  (XIII) THE DATES, LOCATIONS AND NATURE OF ALL CRIMINAL CONVICTIONS  OF
THE APPLICANT, IF ANY, IN ANY JURISDICTION IN THE UNITED STATES.
  2.  THE DIVISION MAY IMPOSE A FEE FOR THE SUBMISSION OF AN APPLICATION
PURSUANT TO THIS SECTION.
  S 828. INVESTIGATION BY DIVISION. 1. THE  DIVISION  SHALL  CONDUCT  AN
INVESTIGATION  OF THE APPLICANT TO DETERMINE WHETHER A DEALER PERMIT MAY
BE ISSUED OR RENEWED. THE DIVISION SHALL REQUIRE: (A) THE APPLICANT; AND
(B) ALL PERSONS WHO WILL HAVE ACCESS TO OR CONTROL OF WORKPLACE FIREARMS
OR AMMUNITION, INCLUDING BUT NOT LIMITED TO THE  APPLICANT'S  EMPLOYEES,
AGENTS  AND/OR  SUPERVISORS,  IF  ANY, TO PROVIDE FINGERPRINTS, A RECENT
PHOTOGRAPH, A SIGNED AUTHORIZATION FOR THE RELEASE OF PERTINENT RECORDS,
AND ANY ADDITIONAL INFORMATION WHICH THE COMMISSIONER DEEMS NECESSARY TO
COMPLETE THE INVESTIGATION.
  2. PRIOR TO ISSUANCE OR RENEWAL OF A DEALER PERMIT, THE DIVISION SHALL
INSPECT THE PREMISES OF THE APPLICANT BUSINESS TO ENSURE COMPLIANCE WITH
THIS ARTICLE.
  3. THE DIVISION MAY GRANT OR RENEW A DEALER PERMIT IF THE APPLICANT IS
IN COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND ALL OTHER APPLICA-
BLE FEDERAL, STATE AND LOCAL LAWS.
  S 829. GROUNDS FOR DENIAL OF PERMIT. 1. THE  DIVISION  SHALL  DENY  AN
APPLICATION FOR THE ISSUANCE OR RENEWAL OF A DEALER PERMIT IF THE OPERA-
TION  OF  THE  BUSINESS WOULD NOT OR DOES NOT COMPLY WITH FEDERAL, STATE
AND LOCAL LAWS, OR IF THE APPLICANT:
  (A) IS UNDER TWENTY-ONE YEARS OF AGE;
  (B) IS NOT LICENSED AS REQUIRED BY ALL APPLICABLE FEDERAL,  STATE  AND
LOCAL LAWS;
  (C)  HAS  MADE  A  FALSE OR MISLEADING STATEMENT OF A MATERIAL FACT OR
OMISSION OF A MATERIAL FACT IN THE APPLICATION FOR SUCH  PERMIT,  OR  IN
ANY  OTHER DOCUMENTS SUBMITTED TO THE DIVISION. IF A PERMIT IS DENIED ON
THIS GROUND, THE APPLICANT IS PROHIBITED FROM REAPPLYING  FOR  A  PERMIT
FOR A PERIOD OF FIVE YEARS;
  (D)  HAS HAD A LICENSE OR PERMIT TO SELL, LEASE, TRANSFER, PURCHASE OR
POSSESS FIREARMS OR AMMUNITION FROM THE FEDERAL OR ANY  STATE  OR  LOCAL
GOVERNMENT  REVOKED,  SUSPENDED  OR  DENIED  FOR  GOOD  CAUSE WITHIN THE
PRECEDING FIVE YEARS;
  (E) IS PROHIBITED BY ANY FEDERAL, STATE OR LOCAL LAW  FROM  PURCHASING
OR POSSESSING FIREARMS OR AMMUNITION, OR HAS BEEN CONVICTED OF:
  (I)  A CRIME RELATING TO THE MANUFACTURE, SALE, POSSESSION OR USE OF A
FIREARM, RIFLE, SHOTGUN, DANGEROUS DEADLY WEAPON OR AMMUNITION;
  (II) A CRIME INVOLVING THE USE OF FORCE OR VIOLENCE UPON THE PERSON OF
ANOTHER;
  (III) A CRIME INVOLVING THEFT, FRAUD, DISHONESTY OR DECEIT; OR
  (IV) A  CRIME  INVOLVING  THE  SALE  OR  POSSESSION  OF  A  CONTROLLED
SUBSTANCE; OR
  (F)  IS  CURRENTLY  OR  HAS  BEEN  WITHIN THE PRECEDING FIVE YEARS, AN
UNLAWFUL USER OF OR ADDICTED TO A CONTROLLED SUBSTANCE.

S. 574                              4

  2. THE EMPLOYEES, AGENTS AND SUPERVISORS OF  AN  APPLICANT  SHALL  NOT
HAVE  ACCESS  TO  OR CONTROL OVER WORKPLACE FIREARMS OR AMMUNITION UNTIL
THE DIVISION HAS CONDUCTED AN INVESTIGATION PURSUANT  TO  SECTION  EIGHT
HUNDRED  TWENTY-EIGHT  OF  THIS  ARTICLE,  AND VERIFIED THAT NONE OF THE
CONDITIONS  LISTED  IN SUBDIVISION ONE OF THIS SECTION EXIST, AS APPLIED
TO THOSE EMPLOYEES, AGENTS OR SUPERVISORS. A NEW LAW ENFORCEMENT  INVES-
TIGATION  AND  BACKGROUND VERIFICATION OF SUCH PERSONS MUST BE CONDUCTED
EACH TIME THE APPLICANT RENEWS HIS OR HER PERMIT, OR APPLIES FOR  A  NEW
PERMIT.
  S 830. ISSUANCE OF DEALER PERMIT. A DEALER PERMIT SHALL BE VALID FOR A
PERIOD  OF  THREE  YEARS  FROM THE DATE OF ITS ISSUANCE. A PERMIT MAY BE
RENEWED PRIOR TO ITS EXPIRATION IF THE PERMITTEE SUBMITS A TIMELY APPLI-
CATION FOR RENEWAL, ACCOMPANIED BY A NONREFUNDABLE  RENEWAL  FEE  ESTAB-
LISHED BY THE COMMISSIONER. RENEWAL OF A PERMIT SHALL BE CONTINGENT UPON
THE PERMITTEE'S COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE ORIGINAL
APPLICATION AND PERMIT AND ANY ADDITIONAL CONDITIONS ARISING PURSUANT TO
LAW. ANY POLICE OFFICER MAY INSPECT THE BUSINESS PREMISES FOR COMPLIANCE
WITH  THE PROVISIONS OF THIS ARTICLE PRIOR TO RENEWAL OF THE PERMIT. THE
RENEWAL APPLICATION AND THE RENEWAL FEE MUST BE RECEIVED BY THE DIVISION
NO LATER THAN FORTY-FIVE DAYS  BEFORE  THE  EXPIRATION  OF  THE  CURRENT
PERMIT.
  S  831.  REVOCATION.  THE DIVISION MAY REVOKE THE DEALER PERMIT OF ANY
PERMITTEE FOUND TO BE IN VIOLATION OF ANY PROVISION OF THIS ARTICLE,  OR
ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW.
  S 832. REPORT OF REVOCATION. IN ADDITION TO ANY OTHER PENALTY OR REME-
DY, THE DIVISION SHALL REPORT THE REVOCATION OF ANY DEALER PERMIT TO THE
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.
  S  833.  DISPLAY  OF  DEALER  PERMIT. THE DEALER PERMIT OF A PERMITTED
BUSINESS SHALL BE CONSPICUOUSLY DISPLAYED  UPON  THE  PREMISES  OF  SUCH
BUSINESS IN A LOCATION VISIBLE TO THE PUBLIC.
  S  834.  INSPECTION.  PERMITTED  PLACES  OF BUSINESS SHALL BE OPEN FOR
INSPECTION BY ANY POLICE OFFICER DURING  ALL  HOURS  OF  OPERATION.  THE
DIVISION  SHALL CONDUCT AN INSPECTION OF THE BUSINESS IN CONNECTION WITH
THE INITIAL ISSUANCE OF A PERMIT, AND THEREAFTER CONDUCT  AN  INSPECTION
IN CONNECTION WITH EACH RENEWAL OF THE PERMIT. PERMITTEES SHALL MAINTAIN
ALL  RECORDS,  DOCUMENTS,  FIREARMS AND AMMUNITION IN A MANNER AND PLACE
ACCESSIBLE FOR INSPECTION BY LAW ENFORCEMENT OFFICERS.
  S 835. SECURITY. 1. ALL FIREARMS AND AMMUNITION IN THE INVENTORY OF  A
PERMITTEE SHALL BE KEPT AT THE PERMITTED BUSINESS LOCATION.
  2.  IF  THE  BUSINESS  LOCATION IS TO BE USED AT LEAST IN PART FOR THE
SALE OF FIREARMS, ALL PERIMETER DOORWAYS, WINDOWS, AND  HEATING,  VENTI-
LATING,  AIR-CONDITIONING  AND  SERVICE  OPENINGS  SHALL BE SECURED IN A
MANNER PRESCRIBED BY THE COMMISSIONER.
  3. ANY TIME A PERMITTED BUSINESS LOCATION IS NOT OPEN TO  THE  PUBLIC,
EVERY FIREARM SHALL BE STORED IN ONE OF THE FOLLOWING WAYS:
  (A)  IN  A  LOCKED FIREPROOF SAFE OR VAULT IN THE PERMITTEE'S BUSINESS
PREMISES  THAT  MEETS  UNDERWRITERS  LABORATORIES  RESIDENTIAL  SECURITY
CONTAINER  RATING STANDARDS BY A NATIONALLY RECOGNIZED TESTING LABORATO-
RY; OR
  (B) SECURED WITH A HARDENED STEEL ROD OR CABLE OF AT LEAST  ONE-FOURTH
INCH IN DIAMETER THROUGH THE TRIGGER GUARD OF THE FIREARM.  NO MORE THAN
FIVE FIREARMS MAY BE AFFIXED TO ANY ONE ROD OR CABLE AT ANY TIME.
  4.  ANY  TIME A PERMITTED BUSINESS LOCATION IS OPEN TO THE PUBLIC, ALL
FIREARMS SHALL BE KEPT UNLOADED AND ALL FIREARMS AND AMMUNITION SHALL BE
KEPT IN AN AREA OF THE PERMITTED BUSINESS INACCESSIBLE  TO  THE  PUBLIC,

S. 574                              5

EXCEPT  WHEN  IN  THE  IMMEDIATE PRESENCE OF AND UNDER THE DIRECT SUPER-
VISION OF THE PERMITTEE OR HIS OR HER EMPLOYEES.
  5.  THE  PERMITTED  BUSINESS  LOCATIONS  SHALL  BE SECURED BY AN ALARM
SYSTEM THAT IS INSTALLED AND MAINTAINED BY  AN  ALARM  COMPANY  OPERATOR
PROPERLY LICENSED PURSUANT TO LAW. THE ALARM SYSTEM MUST BE MONITORED BY
A CENTRAL STATION LISTED BY UNDERWRITERS LABORATORIES, INC., AND COVERED
BY  AN  ACTIVE  UNDERWRITERS LABORATORIES, INC. ALARM SYSTEM CERTIFICATE
WITH A #3 EXTENT OF PROTECTION.
  6. EACH PERMITTED BUSINESS LOCATION SHALL BE  EQUIPPED  WITH  A  VIDEO
SURVEILLANCE  SYSTEM  SUFFICIENT  TO  MONITOR  THE CRITICAL AREAS OF THE
BUSINESS PREMISES INCLUDING,  BUT  NOT  LIMITED  TO,  ALL  PLACES  WHERE
FIREARMS  OR  AMMUNITION  ARE  STORED,  HANDLED,  SOLD,  TRANSFERRED  OR
CARRIED. THE VIDEO SURVEILLANCE SYSTEM SHALL OPERATE CONTINUOUSLY, WITH-
OUT INTERRUPTION, WHENEVER THE PERMITTED BUSINESS LOCATION  IS  OPEN  TO
THE  PUBLIC. WHENEVER THE PERMITTED BUSINESS LOCATION IS NOT OPEN TO THE
PUBLIC, THE SYSTEM SHALL BE TRIGGERED BY A  MOTION  DETECTOR  AND  BEGIN
RECORDING  IMMEDIATELY UPON DETECTION OF ANY MOTION WITHIN THE MONITORED
AREA. IN ADDITION, THE SALE OR TRANSFER OF A FIREARM OR AMMUNITION SHALL
BE RECORDED BY THE VIDEO SURVEILLANCE SYSTEM IN  SUCH  A  WAY  THAT  THE
FACIAL  FEATURES OF THE PURCHASER OR TRANSFEREE ARE CLEARLY VISIBLE. THE
STORED IMAGES SHALL BE MAINTAINED AT THE PERMITTED BUSINESS LOCATION FOR
A PERIOD NOT LESS THAN ONE YEAR FROM THE DATE OF RECORDATION, AND  SHALL
BE  MADE  AVAILABLE FOR INSPECTION BY A POLICE OFFICER UPON REQUEST. THE
PERMITTEE SHALL POST A SIGN IN A CONSPICUOUS PLACE AT EACH  ENTRANCE  TO
THE  PREMISES  THAT  STATES  IN  BLOCK LETTERS NOT LESS THAN ONE INCH IN
HEIGHT: "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY  BE
RECORDED."
  S 836. INSURANCE. 1. IF A BUSINESS LOCATION IS TO BE USED FOR THE SALE
OF FIREARMS, NO DEALER PERMIT SHALL BE ISSUED OR RENEWED UNLESS THERE IS
IN  EFFECT A POLICY OF INSURANCE IN A FORM APPROVED BY THE DEPARTMENT OF
FINANCIAL SERVICES AND EXECUTED BY AN INSURANCE COMPANY APPROVED BY SUCH
DEPARTMENT, INSURING THE APPLICANT AGAINST LIABILITY FOR DAMAGE TO PROP-
ERTY AND FOR INJURY TO, OR DEATH OF, ANY  PERSON  AS  A  RESULT  OF  THE
THEFT,  SALE,  LEASE OR TRANSFER OR OFFERING FOR SALE, LEASE OR TRANSFER
OF A FIREARM OR AMMUNITION, OR ANY OTHER  OPERATIONS  OF  THE  BUSINESS.
THE  LIMITS  OF LIABILITY SHALL NOT BE LESS THAN ONE MILLION DOLLARS FOR
EACH INCIDENT OF DAMAGE TO PROPERTY OR INCIDENT OF INJURY OR DEATH TO  A
PERSON;  PROVIDED,  HOWEVER,  THAT  INCREASED LIMITS OF LIABILITY MAY BE
REQUIRED BY THE DIVISION IF DEEMED NECESSARY.
  2. THE POLICY OF INSURANCE SHALL CONTAIN AN ENDORSEMENT PROVIDING THAT
THE POLICY SHALL NOT BE CANCELLED UNTIL WRITTEN NOTICE HAS BEEN GIVEN TO
THE DIVISION AT LEAST THIRTY DAYS PRIOR TO  THE  TIME  THE  CANCELLATION
BECOMES EFFECTIVE.
  3.  UPON  EXPIRATION  OF THE POLICY OF INSURANCE, AND IF NO ADDITIONAL
INSURANCE IS OBTAINED, THE DEALER PERMIT  SHALL  BE  CONSIDERED  REVOKED
WITHOUT FURTHER NOTICE.
  S  837.  LOCATION  OF  BUSINESS.  1.  THE  PERMITTED BUSINESS SHALL BE
CARRIED ON ONLY IN THE BUILDING LOCATED AT THE STREET ADDRESS  SHOWN  ON
THE  PERMIT.  THIS  REQUIREMENT  SHALL  NOT  PROHIBIT THE PERMITTEE FROM
PARTICIPATING IN A GUN SHOW OR EVENT AS DEFINED UNDER FEDERAL  LAW  THAT
IS  AUTHORIZED BY FEDERAL, STATE OR LOCAL LAW UPON COMPLIANCE WITH THOSE
LAWS.
  2. THE PERMITTED  BUSINESS  PREMISES  SHALL  NOT  BE  LOCATED  IN  ANY
DISTRICT  OR  AREA  THAT IS ZONED FOR RESIDENTIAL USE, OR WITHIN FIFTEEN
HUNDRED FEET OF ANY SCHOOL, PRE-SCHOOL, DAY-CARE FACILITY, PARK,  COMMU-
NITY  CENTER,  PLACE  OF WORSHIP, LIQUOR STORE, BAR, YOUTH CENTER, VIDEO

S. 574                              6

ARCADE, AMUSEMENT PARK (NOT INCLUDING A TEMPORARY  CARNIVAL  OR  SIMILAR
EVENT), OR RESIDENTIALLY ZONED DISTRICT OR AREA.
  S  838. PUBLIC WARNING. EACH PERMITTEE SHALL POST CONSPICUOUSLY WITHIN
THE PERMITTED PREMISES THE FOLLOWING WARNING IN BLOCK LETTERS  NOT  LESS
THAN  ONE  INCH  IN  HEIGHT:  "CHILDREN ARE ATTRACTED TO AND CAN OPERATE
FIREARMS THAT MAY CAUSE SEVERE INJURIES OR DEATH. PREVENT  CHILD  ACCESS
BY  ALWAYS  KEEPING  GUNS LOCKED AWAY AND UNLOADED WHEN NOT IN USE, WITH
AMMUNITION STORED SEPARATELY."
  S 839. DUTIES UPON SALE, LEASE OR TRANSFER. 1. NO PERMITTEE OR  AGENT,
EMPLOYEE  OR  OTHER  PERSON ACTING UNDER THE PERMITTEE'S AUTHORITY SHALL
SELL, TRANSFER, LEASE  OR  LOAN  ANY  FIREARM  OR  AMMUNITION  FROM  THE
PERMITTEE'S  INVENTORY UNTIL HE OR SHE HAS VIEWED THE TRANSFEREE'S DRIV-
ER'S  LICENSE  OR  OTHER  GOVERNMENT-ISSUED  IDENTIFICATION  CARD   THAT
CONTAINS THE TRANSFEREE'S SIGNATURE, PHOTOGRAPH AND AGE.
  2.  NO  PERMITTEE  OR AGENT, EMPLOYEE OR OTHER PERSON ACTING UNDER THE
PERMITTEE'S AUTHORITY SHALL SELL, TRANSFER, LEASE OR LOAN ANY FIREARM OR
AMMUNITION TO ANY PERSON THE  PERMITTEE  OR  AGENT,  EMPLOYEE  OR  OTHER
PERSON  ACTING  UNDER  THE PERMITTEE'S AUTHORITY KNOWS OR HAS REASONABLE
CAUSE TO BELIEVE IS PROHIBITED BY  FEDERAL,  STATE  OR  LOCAL  LAW  FROM
PURCHASING OR POSSESSING THE FIREARM OR AMMUNITION.
  S 840. SALES RECORDS AND REPORTING. 1. NO PERMITTEE OR AGENT, EMPLOYEE
OR  OTHER  PERSON  ACTING  UNDER  THE  PERMITTEE'S AUTHORITY SHALL SELL,
TRANSFER, LEASE OR LOAN ANY FIREARM OR AMMUNITION FROM  THE  PERMITTEE'S
INVENTORY  WITHOUT  RECORDING  THE  FOLLOWING  INFORMATION IN WRITTEN OR
ELECTRONIC FORM TO BE PROVIDED BY THE DIVISION:
  (A) THE DATE OF THE TRANSACTION;
  (B) THE NAME, ADDRESS, TELEPHONE NUMBER  AND  DATE  OF  BIRTH  OF  THE
TRANSFEREE;
  (C)  THE  NUMBER OF THE TRANSFEREE'S CURRENT DRIVER'S LICENSE OR OTHER
GOVERNMENT-ISSUED IDENTIFICATION CARD CONTAINING  A  PHOTOGRAPH  OF  THE
TRANSFEREE AND THE NAME OF THE GOVERNMENTAL AUTHORITY THAT ISSUED IT;
  (D)  THE  MAKE, MODEL, CALIBER AND SERIAL NUMBER OF ANY FIREARM TRANS-
FERRED, AND THE BRAND, TYPE, CALIBER OR GAUGE, AND QUANTITY OF ANY AMMU-
NITION TRANSFERRED;
  (E) THE TRANSFEREE'S SIGNATURE; AND
  (F) THE NAME OF THE PERMITTEE'S AGENT OR EMPLOYEE  WHO  PROCESSED  THE
TRANSACTION.
  2.  THE PERMITTEE AND ANY AGENT, EMPLOYEE OR OTHER PERSON ACTING UNDER
THE PERMITTEE'S AUTHORITY SHALL ALSO, AT THE TIME OF PURCHASE OR  TRANS-
FER, OBTAIN THE RIGHT THUMBPRINT OF THE TRANSFEREE ON THE FORM DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION.
  3.  WITHIN  TWENTY-FOUR  HOURS  OF  A  TRANSFER,  THE PERMITTEE OR ANY
AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
TY SHALL ELECTRONICALLY TRANSMIT TO THE DIVISION ALL  SUCH  INFORMATION.
THE  ELECTRONIC  TRANSMITTAL  SHALL  BE  BY  A  METHOD, AND IN A FORMAT,
APPROVED BY THE DIVISION. THE DIVISION SHALL MAINTAIN SUCH  RECORDS  FOR
AT LEAST TEN YEARS.
  4.  THE RECORDS CREATED IN ACCORDANCE WITH THIS SECTION MUST BE PERMA-
NENTLY MAINTAINED ON THE BUSINESS PREMISES OF THE PERMITTEE AND SHALL BE
MADE AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER UPON REQUEST.
  S 841. FIREARMS ACQUISITION RECORDS AND REPORTING. 1. THE PERMITTEE OR
AN AGENT, EMPLOYEE OR OTHER PERSON ACTING UNDER THE PERMITTEE'S AUTHORI-
TY SHALL  RECORD  THE  FOLLOWING  INFORMATION  REGARDING  EVERY  FIREARM
RECEIVED  OR  ACQUIRED  FOR  THE  PERMITTEE'S  INVENTORY ON A FORM TO BE
ESTABLISHED BY THE DIVISION:
  (A) THE NAME OF THE PERMITTEE;

S. 574                              7

  (B) THE PARTICULAR MAKE, MODEL, CALIBER  AND  SERIAL  NUMBER  OF  EACH
FIREARM RECEIVED OR ACQUIRED;
  (C) THE DATE EACH FIREARM WAS RECEIVED OR ACQUIRED; AND
  (D)  THE  NAME,  ADDRESS  AND TELEPHONE NUMBER OF THE PERSON FROM WHOM
EACH FIREARM WAS RECEIVED OR ACQUIRED.
  2. WITHIN TWENTY-FOUR HOURS OF  THE  RECEIPT  OR  ACQUISITION  OF  ANY
FIREARM, THE PERMITTEE AND ANY AGENTS, EMPLOYEES OR OTHER PERSONS ACTING
UNDER  THE  PERMITTEE'S  AUTHORITY  SHALL ELECTRONICALLY TRANSMIT TO THE
DIVISION ALL OF THE INFORMATION REQUIRED BY THIS SECTION. THE ELECTRONIC
TRANSMITTAL SHALL BE BY A METHOD, AND IN A FORMAT,  ESTABLISHED  BY  THE
DIVISION.  THE  DIVISION  SHALL  MAINTAIN THESE RECORDS FOR AT LEAST TEN
YEARS.
  3. THE RECORDS CREATED IN ACCORDANCE WITH THIS SECTION MUST BE  PERMA-
NENTLY MAINTAINED ON THE BUSINESS PREMISES OF THE PERMITTEE AND SHALL BE
MADE AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER UPON REQUEST.
  S 842. INVENTORY REPORTS. WITHIN THE FIRST FIVE BUSINESS DAYS OF APRIL
AND OCTOBER OF EACH CALENDAR YEAR, EACH PERMITTEE SHALL CAUSE A PHYSICAL
INVENTORY  TO  BE  TAKEN THAT INCLUDES A LISTING OF EACH FIREARM HELD BY
THE PERMITTEE BY MAKE, MODEL, CALIBER AND SERIAL NUMBER, TOGETHER WITH A
LISTING OF EACH FIREARM THE PERMITTEE HAS SOLD SINCE THE LAST  INVENTORY
PERIOD.  IN  ADDITION,  THE  INVENTORY  SHALL  INCLUDE A LISTING OF EACH
FIREARM LOST OR STOLEN SINCE THE LAST INVENTORY PERIOD. IMMEDIATELY UPON
COMPLETION OF THE INVENTORY, THE PERMITTEE SHALL FORWARD A COPY  OF  THE
INVENTORY  TO  THE  ADDRESS  SPECIFIED BY THE DIVISION, BY SUCH MEANS AS
SPECIFIED BY THE DIVISION. THE DIVISION SHALL MAINTAIN  A  COPY  OF  THE
INVENTORY  FOR  AT LEAST TEN YEARS. WITH EACH COPY OF THE INVENTORY, THE
PERMITTEE SHALL INCLUDE AN AFFIDAVIT SIGNED BY AN  AUTHORIZED  AGENT  OR
EMPLOYEE  ON  BEHALF  OF  THE PERMITTEE UNDER PENALTY OF PERJURY STATING
THAT WITHIN THE FIRST FIVE BUSINESS DAYS OF THAT APRIL  OR  OCTOBER,  AS
THE  CASE  MAY  BE,  THE SIGNER PERSONALLY CONFIRMED THE PRESENCE OF THE
FIREARMS REPORTED ON THE INVENTORY. THE PERMITTEE SHALL MAINTAIN A  COPY
OF  THE INVENTORY ON THE PREMISES FOR WHICH THE DEALER PERMIT WAS ISSUED
FOR A PERIOD OF NOT LESS THAN FIVE YEARS FROM THE DATE OF THE  INVENTORY
AND  SHALL  MAKE THE COPY AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER
UPON REQUEST.
  S 843. LOST OR STOLEN AMMUNITION REPORTING. A PERMITTEE  SHALL  REPORT
TO THE DIVISION THE LOSS OR THEFT OF ANY QUANTITY OF AMMUNITION FROM THE
PERMITTED  PREMISES  WITHIN  FORTY-EIGHT  HOURS AFTER HE OR SHE KNOWS OR
REASONABLY SHOULD HAVE KNOWN OF SUCH LOSS OR THEFT.
  S 844. RESTRICTED ADMITTANCE. 1. WHERE FIREARM SALES ACTIVITY  IS  THE
PRIMARY  BUSINESS  PERFORMED  AT  THE  PERMITTED  BUSINESS  LOCATION, NO
PERMITTEE OR ANY OF HIS OR HER AGENTS, EMPLOYEES OR OTHER PERSONS ACTING
UNDER THE PERMITTEE'S AUTHORITY SHALL ALLOW ANY PERSON UNDER THE AGE  OF
TWENTY-ONE  YEARS TO ENTER INTO OR REMAIN ON THE PREMISES, UNLESS ACCOM-
PANIED BY HIS OR HER  PARENT  OR  LEGAL  GUARDIAN,  PROVIDED  THAT  THIS
PROVISION  SHALL NOT PREVENT A SUPERVISORY AGENT OR EMPLOYEE WHO HAS THE
RIGHT TO CONTROL ACTIVITIES AT THE  BUSINESS  PREMISES  FROM  KEEPING  A
SINGLE  HANDGUN  ON THE BUSINESS PREMISES FOR PURPOSE OF LAWFUL SELF-DE-
FENSE.
  2. WHERE FIREARM SALES ACTIVITY IS THE PRIMARY BUSINESS  PERFORMED  AT
THE  PERMITTED  BUSINESS  LOCATION,  THE PERMITTEE AND ANY OF HIS OR HER
AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
TY SHALL BE RESPONSIBLE FOR REQUIRING CLEAR EVIDENCE OF AGE AND IDENTITY
OF PERSONS TO PREVENT THE ENTRY OF PERSONS NOT PERMITTED  TO  ENTER  THE
PREMISES  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION BY REASON OF AGE.
CLEAR EVIDENCE OF AGE AND IDENTITY SHALL BE A CURRENT  DRIVER'S  LICENSE

S. 574                              8

OR  OTHER  GOVERNMENT-ISSUED IDENTIFICATION CARD CONTAINING THE BEARER'S
SIGNATURE, PHOTOGRAPH AND DATE OF BIRTH.
  3.  EACH  PERMITTEE  SHALL  POST THE FOLLOWING NOTICE CONSPICUOUSLY AT
EACH ENTRANCE TO THE PERMITTED BUSINESS LOCATION IN  BLOCK  LETTERS  NOT
LESS  THAN  ONE INCH IN HEIGHT, "FIREARMS ARE KEPT, DISPLAYED OR OFFERED
FOR SALE ON THE PREMISES, AND PERSONS UNDER THE AGE OF 21  ARE  EXCLUDED
UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN."
  4.  WHERE  FIREARM SALES ACTIVITY IS THE PRIMARY BUSINESS PERFORMED AT
THE PERMITTED BUSINESS LOCATION, NO PERMITTEE  OR  ANY  OF  HIS  OR  HER
AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
TY  SHALL  ALLOW  ANY PERSON TO ENTER INTO OR REMAIN ON THE PREMISES WHO
THE PERMITTEE OR ANY OF HIS OR HER AGENTS, EMPLOYEES  OR  OTHER  PERSONS
ACTING  UNDER  THE  PERMITTEE'S AUTHORITY KNOWS OR HAS REASON TO KNOW IS
PROHIBITED FROM POSSESSION OR PURCHASING FIREARMS, RIFLES,  SHOTGUNS  OR
AMMUNITION PURSUANT TO FEDERAL, STATE OR LOCAL LAW.
  S  845.  CRIMINAL  PENALTY.  ANY  VIOLATION OF THIS ARTICLE SHALL BE 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; provided, however,
that the provisions of this act shall not apply to any person engaged in
the business of selling, leasing or transferring firearms or  ammunition
on  the  effective  date of this act, until the ninetieth day after such
date.

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