|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 30, 2014||referred to codes|
senate Bill S7132
Prohibits the purchase of more than 1 firearm during any period of 30 days and implements a 10-day waiting period
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (1)
(D, WF) 31st Senate District
(D, WF) 27th Senate District
(D, WF) 28th Senate District
(D, WF) 0 Senate District
S7132 - Bill Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Penal Law
- Laws Affected:
- Add §§265.50 & 400.15, amd §§265.20, 265.17 & 400.00, Pen L; add Art 38-B §§825 - 828, Gen Bus L
S7132 - Bill Texts
Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more than 1 firearm during any period of 30 days; implements a 10-day waiting period.
view sponsor memo
TITLE OF BILL: An act to amend the penal law, in relation to the
unlawful procurement of a firearm; to amend the general business law,
in relation to establishing a waiting period for the purchase of a
firearm; and to amend the penal law, in relation to requiring licensed
firearms businesses to report the crime of criminal purchase of a
weapon and requiring background checks for employees who would be
authorized to possess or transfer firearms
PURPOSE: The purpose of this act is to impose a 10-day waiting period
prior to the sale of any firearm, to prohibit the purchase of more
than 1 firearm during any period of 30-days, to require licensed
gunsmiths or firearms dealers to report to law enforcement any
instance in which a would-be purchaser of a firearm fails a background
check through the National Instant Criminal Background Check System
(NICS), and to require that all employees for gunsmiths or dealers
whose duties include handling, selling, or otherwise disposing of
firearms pass such a background check, thus: (a) improving public
safety by giving law enforcement officials sufficient time to conduct
a background check on prospective purchasers; (b) eliminating
opportunities for impulsive acts of violence; (c) helping to prevent
gun traffickers from buying guns in bulk and reselling them to
prohibited purchasers; (d) reducing the number of guns entering the
illegal market; and (e) stemming the illegal flow of firearms between
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the Penal Law by adding a new section
265.50. The proposed legislation establishes the crime of unlawful
procurement of a firearm when: (i) He/She purchases or takes
possession of more than one firearm from any dealer in firearms during
any 30-day period; or (ii) Being a firearms dealer, he/she sells or
transfers a firearm to any person who has purchased or taken
possession of a firearm during the previous 30-days. Unlawful
procurement of a firearm is a class A misdemeanor.
Section 2 of the bill amends Section 265.20 of the Penal Law by adding
a new subdivision f, providing exemptions to the crime of unlawful
procurement of a firearm.
Section 3 of the bill amends the Penal Law by adding a new section
400.15. The proposed legislation requires: (i) Each dealer in firearms
shall prior to the sale of any firearm to a person request approval of
such sale to such person from the Division of Criminal Justice
Services (DCJS); (ii) Upon receipt of the approval, the dealer in
firearms shall record and report such sale to DCJS within 24 hours.
Section 4 of the bill adds a new Article 38-B to the General Business
Law in relation to establishing a waiting period for the purchase of a
*Section 825 defines certain terms.
*Section 826 provides that no firearms dealer shall deliver any
firearm, and no such person shall take possession of any firearm from
a dealer in firearms unless: (a) ten days have elapsed from the date
such seller initiated the national instant background check of the
purchaser; and (b) such dealer received notice that the purchaser has
passed all background checks required by federal, state and local law.
*Section 827 provides exemptions to the article.
*Section 828 provides that a violation of the article shall be a class
Section 5 of the bill amends Section 265.17 of the Penal Law by
re-designating the existing paragraphs as subdivisions 1(a) and 1(b)
and adding a new subdivision 2 requiring licensed gunsmiths and
firearms dealers to report to police whenever a would-be purchaser of
a firearm fails a background check through National Instant Criminal
Background Check System (NICS).
Section 6 of the bill amends section 400.00 of the Penal Law by adding
a new subdivision 12b that would: ban anyone otherwise prohibited from
possessing a firearm from being employed by a gunsmith or firearms
dealer in a job that involves handling or selling firearms; subject
such employees to background checks through NICS; require the Division
of Criminal Justice Services (DCJS) to issue qualifying employees an
employment certificate, after review of the application using NICS. If
DJCS receives a negative response from NICS for any employee, the
dealer would 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 the effective
date of this bill. The employment certificate would be invalidated
upon termination of employment. Any employment in violation of this
subdivision shall constitute a violation on the part of both the
employee and the firearms dealer.
Section 7 of the bill sets forth the effective date.
JUSTIFICATION: Laws imposing a waiting period prior to the sale of a
firearm give law enforcement officials adequate time to perform a
thorough background check on the prospective purchaser, and provide a
'cooling off' period to help guard against impulsive acts of violence.
There is no federal waiting period. Under federal law, a dealer may
transfer a firearm to a prospective purchaser as soon as he or she
passes a background check. If the Federal Bureau of Investigation
(FBI) is unable to complete a background check within three business
days, the dealer may complete the transfer by default.
In 2007, the FBI was unable to complete a background check within
three business days for over 134,000 firearm transactions, and such
agency determined that at least 355 ineligible persons had been sold
firearms by default within that year. FBI investigations of prohibited
purchasers who were allowed to buy firearms by default typically take
25 days to complete. As a result, the FBI has recommended extending
the maximum time allowed for conducting background checks to allow
more time to complete such checks and to reduce the number of
prohibited purchasers who are able to purchase firearms by default.
The American public overwhelmingly supports laws imposing a waiting
period prior to the sale of a firearm. A nationwide poll conducted in
June 2008 found that 86% of Americans favor waiting period laws.
Federal law does not limit the number of guns a person may buy in any
given time period. Studies show that firearms sold in multiple sales
to the same individual purchaser are frequently used in crime. ATF
crime-gun-trace data revealed that 22% of all handguns recovered in
1999 had been transferred to a purchaser involved in a multiple sale.
Crime gun trace data from 2000 showed that 20% of all retail handguns
recovered in crime were purchased as part of a multiple sale.
The American public strongly supports laws limiting the number of guns
that may be purchased at one time. A national poll conducted for
Mayors Against Illegal Guns in the spring of 2008 found that 65% of
Americans favor limiting the number of handguns an individual is
allowed to purchase to one gun per month.
Under current law, licensed firearms dealers are required to conduct
criminal background checks through the DCJS 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
This legislation would correct this anomaly by requiring the DCJS to
administer background checks of all new employees through 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.
New bill combining elements of the following bills.
2013: Senate Bill 572A (Gianaris) - Referred to Senate Codes Committee
2013: Senate Bill 572: (Gianaris) - Died in Senate Codes Committee
2012: Senate Bill 7834 (Gianaris) - Died in Senate Rules Committee
2013: Assembly Bill 3186A (Kavanagh) - Referred to Assembly Codes
Committee 2013: Assembly Bill 3186 (Kavanagh) - Died in Assembly Codes
Committee 2013: Assembly Bill 3181 (Kavanagh) - Referred to Assembly
Codes Committee 2012: Senate Bill 7835 (Gianaris) - Died in Senate
Rules Committee 2013: Senate Bill 517 (Gianaris) - Referred to
Consumer Protection 2013: A192 (Kavanagh) - Referred to Assembly Codes
Committee 2012: A10625 (Kavanagh) - Referred to Assembly Codes
Committee 2010: A05696D (Kavanagh) - Third Reading 2009: A05696B
(Kavanagh) - Third Reading
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law, except that the
division of criminal justice services shall promulgate any rules or
regulations or approve any forms necessary for applications for
employment certificates to be submitted to and approved by such
division and for employment certificates to be issued by such division
pursuant to subdivision 12-b of section 400.00 of the penal law as
added by section six of this act, and shall begin to issue such
certificates to qualifying employees before the one hundred eightieth
day after this act shall have become a law.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 7132 I N S E N A T E April 30, 2014 ___________ Introduced by Sen. GIANARIS -- 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 the unlawful procurement of a firearm; to amend the general business law, in relation to estab- lishing a waiting period for the purchase of a firearm; and to amend the penal law, in relation to requiring licensed firearms businesses to report the crime of criminal purchase of a weapon and requiring background checks for employees who would be authorized to possess or transfer firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 265.50 to read as follows: S 265.50 UNLAWFUL PROCUREMENT OF A FIREARM. A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN: 1. HE OR SHE PURCHASES OR TAKES POSSESSION OF MORE THAN ONE FIREARM FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR 2. BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A FIREARM TO ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM DURING THE PREVIOUS THIRTY DAYS. UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR. S 2. Section 265.20 of the penal law is amended by adding a new subdi- vision f to read as follows: F. SECTION 265.50 OF THIS ARTICLE SHALL NOT APPLY TO: 1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS OFFICER ACTING WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT OR OFFICIAL DUTIES; 2. A UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF THE UNITED STATES OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED TO POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES; 3. LICENSED FIREARMS MANUFACTURERS, IMPORTERS OR DEALERS, WHILE ENGAGED IN THE COURSE AND SCOPE OF THEIR ACTIVITIES AS LICENSEES, PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14828-01-4 S. 7132 2 4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK FROM SUCH A GUNSMITH; 5. A COMMON CARRIER, WAREHOUSEMAN OR OTHER PERSON ENGAGED IN THE BUSI- NESS OF TRANSPORTING OR STORING GOODS, TO THE EXTENT THAT THE POSSESSION OR RECEIPT OF ANY FIREARM IS IN THE ORDINARY COURSE OF BUSINESS, AND NOT FOR THE PERSONAL USE OF ANY SUCH PERSON; 6. A PERSON ACQUIRING FIREARMS BY OPERATION OF LAW UPON THE DEATH OF THE FORMER OWNER OF THE FIREARMS; OR 7. A PERSON WHOSE FIREARM WAS STOLEN OR IRRETRIEVABLY LOST AND WHO CONSIDERS IT ESSENTIAL THAT THE FIREARM BE REPLACED IMMEDIATELY, IF: (A) THE PERSON PROVIDES THE SELLER OR TRANSFEROR WITH A COPY OF AN OFFICIAL POLICE REPORT DESCRIBING THE LOSS OR THEFT OF THE FIREARM. THE OFFICIAL POLICE REPORT MUST CONTAIN THE NAME AND ADDRESS OF THE FIREARM OWNER, A DESCRIPTION OF THE FIREARM, THE LOCATION OF THE LOSS OR THEFT, THE DATE OF THE LOSS OR THEFT, AND THE DATE THE LOSS OR THEFT WAS REPORTED TO THE LAW ENFORCEMENT AGENCY; AND (B) THE LOSS OR THEFT OCCURRED WITHIN THIRTY DAYS OF THE PERSON'S ATTEMPT TO REPLACE THE FIREARM, AS REFLECTED BY THE DATE OF LOSS OR THEFT ON THE OFFICIAL POLICE REPORT. S 3. The penal law is amended by adding a new section 400.15 to read as follows: S 400.15 DUTIES OF DEALERS IN FIREARMS. 1. EACH DEALER IN FIREARMS SHALL PRIOR TO THE SALE OF ANY FIREARM TO A PERSON REQUEST APPROVAL OF SUCH SALE TO SUCH PERSON FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES. 2. UPON RECEIPT OF THE APPROVAL OF THE DIVISION OF CRIMINAL JUSTICE SERVICES OF A SALE OF A FIREARM, THE DEALER IN FIREARMS SHALL RECORD AND REPORT SUCH SALE TO THE DIVISION OF CRIMINAL JUSTICE SERVICES WITHIN TWENTY-FOUR HOURS. S 4. 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: S. 7132 3 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; 5. ANY COMMON CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS; AND 6. ANY PERSON WHO ALREADY POSSESSES A VALID PERMIT PURSUANT TO ARTICLE FOUR HUNDRED OF THE PENAL LAW. S 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR. S 5. Section 265.17 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows: S 265.17 Criminal purchase or disposal of a weapon. 1. A person is guilty of criminal purchase or disposal of a weapon when: [1.] (A) Knowing that he or she is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligible to lawfully possess a firearm, rifle or shotgun in this state, such person purchases a firearm, rifle or shotgun from another person; or [2.] (B) Knowing that it would be unlawful for another person to possess a firearm, rifle or shotgun, he or she purchases a firearm, rifle or shotgun for, on behalf of, or for the use of such other person; or [3.] (C) Knowing that another person is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligi- ble to lawfully possess a firearm, rifle or shotgun in this state, a person disposes of a firearm, rifle or shotgun to such other person. 2. A GUNSMITH OR DEALER IN FIREARMS SHALL REPORT WITHIN TWENTY-FOUR HOURS TO THE DIVISION OF STATE POLICE, OR IN THE CITY OF NEW YORK THE POLICE DEPARTMENT OF SUCH CITY, ANY INSTANCE IN WHICH ANY PERSON ATTEMPTS TO PURCHASE A FIREARM, RIFLE OR SHOTGUN FROM SUCH GUNSMITH OR DEALER IF A BACKGROUND CHECK SUCH GUNSMITH OR DEALER CONDUCTS IN CONNECTION WITH SUCH ATTEMPTED PURCHASE, IN THE NATIONAL INSTANT CRIMI- NAL BACKGROUND CHECK SYSTEM OR ANY SUCCESSOR SYSTEM, INDICATES A "DENIED" RESPONSE AS DEFINED IN 28 C.F.R. S 25.6. SUCH GUNSMITH OR DEAL- ER SHALL KEEP WITH THE OTHER RECORDS REQUIRED UNDER SUBDIVISION TWELVE OF SECTION 400.00 OF THIS CHAPTER, A RECORD APPROVED AS TO FORM BY THE SUPERINTENDENT OF STATE POLICE, OR IN THE CITY OF NEW YORK BY SUCH CITY'S POLICE COMMISSIONER, OF HAVING MADE EACH REPORT REQUIRED BY THIS SUBDIVISION. Criminal purchase or disposal of a weapon is a class D felony. S 6. Section 400.00 of the penal law is amended by adding a new subdi- vision 12-b to read as follows: 12-B. EMPLOYEES OF A GUNSMITH OR DEALER IN FIREARMS. (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 S. 7132 4 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 THEREFROM, AND SUCH EMPLOYEE HAS BEEN ISSUED A VALID EMPLOYMENT CERTIFICATE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES; OR (II) SUCH PERSON HAS OBTAINED AND POSSESSES A VALID LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS ARTICLE. (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE APPLICANT'S PROSPECTIVE EMPLOYER TO THE DIVISION OF CRIMINAL JUSTICE SERVICES IN A FORM APPROVED BY SUCH DIVISION. 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. S. 7132 5 (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 7. This act shall take effect on the one hundred eightieth day after it shall have become a law, except that the division of criminal justice services shall promulgate any rules or regulations or approve any forms necessary for applications for employment certificates to be submitted to and approved by such division and for employment certificates to be issued by such division pursuant to subdivision 12-b of section 400.00 of the penal law as added by section six of this act, and shall begin to issue such certificates to qualifying employees before the one hundred eightieth day after this act shall have become a law.
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