Senate Bill S1302A

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

                                  1302

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen. PERALTA -- 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 and the penal law, in  relation
  to preventing the sale of firearms, rifles and shotguns to criminals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declaration. The legislature here-
by finds and declares as follows:
  1. Firearms, rifles and shotguns are used to kill nearly 30,000  indi-
viduals  in the United States every year, including 1,000 individuals in
New York state alone. Additionally, there are 100,000 non-fatal injuries
across the country. The federal  government  has  largely  ignored  this
public  health  crisis and has left it up to state and local governments
to protect its citizens. Firearm violence also costs millions of dollars
and causes  incalculable  emotional  damage,  devastating  families  and
communities  throughout  the country.   Therefore, the state of New York
has a strong interest in reducing violence and crimes that  involve  the
use  of  firearms  and the illegal trafficking of firearms. Illegal guns
obtained throughout the state end up in the hands  of  criminals,  youth
and violent individuals who use them to threaten, maim and kill.
  2. There is a thriving underground market for illegal firearms, large-
ly  driven by demand from drug gangs and other criminals. A highly effi-
cient and continuous business practice  exists  in  which  firearms  are
moved  from  legal manufacture and sale to prohibited purchasers, making
them illegal firearms. In 2001, approximately 12,000  illegal  firearms,
rifles  and  shotguns were seized in New York state.  From November 2000
to April 2002, 2,700 crime guns were entered into the  state  crime  gun
database.  In 2008, according to a review by the federal bureau of alco-
hol,  tobacco, firearms, and explosives (ATF) of trace data compiled for
several regions in the  state,  including  Albany,  Buffalo,  Rochester,
Syracuse,  Long  Island  and  New  York  City  that calendar year, 9,558

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00153-01-5
              

S. 1302                             2

firearms were submitted to be traced, 2,659 of  which  were  long  guns.
Outside  New  York  City, long guns are sold without a permit. Forty-six
percent of the firearms recovered in 2008 were found  outside  New  York
City.    A significant portion of guns involved in crimes upstate origi-
nate within the state. In fact, youth data reveals that in 2000, 40%  of
the  crime  guns in Buffalo originated within a five-mile radius of that
city.
  3. A substantial portion of illegal firearms are diverted to the ille-
gal market through licensed gun dealers. Rogue gun dealers  play  a  key
role  in  this  market.  These  rogue dealers funnel guns to the illegal
market through a variety of channels. One of the most common means is to
allow "straw purchases". A straw purchase occurs when a person purchases
a gun on behalf of a prohibited person. The ATF  conducted  an  investi-
gation of gun trafficking from July 1996 to December 1998 and found that
almost 26,000 trafficked firearms were associated with investigations in
which  there was a straw purchaser. Almost 50% of all trafficking inves-
tigations involved straw purchasers, with  an  average  of  37  firearms
trafficked per investigation.  Another issue, according to a 2008 report
by  Mayors  Against Illegal Guns, Inside Straw Purchasing: How Criminals
Get Guns Illegally, is that many traffickers return to  the  same  store
again  and  again  once they have identified it as one in which they can
make straw purchases easily.  Although most gun  dealers  operate  their
businesses  legally and responsibly, some gun dealers who are corrupt or
maintain shoddy recordkeeping practices flood the streets  with  illegal
weapons  as  a  result of their unrestricted access to new gun inventory
and the unwillingness of gun manufacturers to terminate their supply  to
these rogue dealers. Current federal and state regulation has not curbed
the  business practice of illegal gun dealers. According to a 2004 study
by Americans for Gun Safety, of the 120 worst gun dealers in  the  coun-
try,  namely  those  dealers with an average of 500 crime guns traced to
them, 96 were still in operation.
  4. Moreover, this problem is not limited to  unlicensed  sellers,  and
clearly  includes  federal  firearms  licensees (FFLs). Indeed, although
FFLs were involved in under 10% of the trafficking investigations under-
taken by ATF, they were associated with the largest number  of  diverted
firearms--over  40,000 guns, which is nearly half of the total number of
trafficked firearms documented  during  the  two-year  period  of  ATF's
investigation.    Additionally,  a 2008 report by Mayors Against Illegal
Guns indicated that several states  which  allow  state  authorities  to
supplement  the federal ATF inspections with routine inspections provide
law enforcement with more opportunities to uncover dealers in  violation
of  the  law.  These inspections also help identify dealers who exercise
lax oversight over their inventory and may lead to  improved  compliance
with federal, state and local laws.
  5.  Current  New  York state laws governing firearm dealers are inade-
quate to prevent the diversion of firearms to the  illegal  marketplace.
Additional  protections that are needed include, but are not limited to,
better gun dealer internal compliance procedures, programs to  eliminate
straw  purchases, increased liability insurance, improved security meas-
ures, reducing youth access, mandatory training for gun  dealer  employ-
ees, and improved recordkeeping requirements. The additional protections
set forth in this act will greatly enhance the state's efforts to reduce
criminal activity in the state.
  S  2. Article 40 and sections 900 and 901 of the general business law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article

S. 1302                             3

50 and sections 1001 and 1002 and a new article 40 is added to  read  as
follows:
                                ARTICLE 40
                    PREVENTING THE SALE OF FIREARMS,
                    RIFLES, AND SHOTGUNS TO CRIMINALS
SECTION 900. DEFINITIONS.
        901. REASONABLE MEASURES TO PREVENT SALES AND
                TRANSFERS TO CRIMINALS.
        902. SECURITY.
        903. ACCESS TO FIREARMS, RIFLES AND SHOTGUNS.
        904. LOCATION OF FIREARM, RIFLE AND SHOTGUN SALES.
        905. EMPLOYEE TRAINING.
        906. RETAIL SALES OF FIREARMS, RIFLES AND SHOTGUNS.
        907. MAINTENANCE OF RECORDS.
        908. COOPERATION WITH LAW ENFORCEMENT.
        909. INTERNAL COMPLIANCE AND CERTIFICATION.
        910. RULES AND REGULATIONS.
        911. VIOLATIONS.
  S 900. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "DEALER"  MEANS  ANY  PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY
COMPANY, CORPORATION  OR  COMPANY  WHICH  ENGAGES  IN  THE  BUSINESS  OF
PURCHASING, SELLING, KEEPING FOR SALE, LENDING, LEASING OR IN ANY MANNER
DISPOSING OF ANY FIREARM, RIFLE OR SHOTGUN.
  2.  "DISPOSE  OF"  MEANS  TO DISPOSE OF, GIVE, GIVE AWAY, LEASE, LEND,
KEEP FOR SALE, OFFER,  OFFER  FOR  SALE,  SELL,  TRANSFER  OR  OTHERWISE
DISPOSE OF.
  3.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
  4. "FIREARM EXHIBITOR" MEANS ANY PERSON,  FIRM,  PARTNERSHIP,  LIMITED
LIABILITY  COMPANY,  CORPORATION OR COMPANY THAT EXHIBITS, SELLS, OFFERS
FOR SALE, TRANSFERS OR EXCHANGES FIREARMS, RIFLES OR SHOTGUNS AT  A  GUN
SHOW.
  5.  "GUN SHOW" MEANS AN EVENT SPONSORED, WHETHER FOR PROFIT OR NOT, BY
AN INDIVIDUAL, NATIONAL, STATE OR LOCAL  ORGANIZATION,  ASSOCIATION,  OR
OTHER ENTITY DEVOTED TO THE COLLECTION, COMPETITIVE USE, SPORTING USE OR
ANY  OTHER  LEGAL  USE  OF  FIREARMS, RIFLES OR SHOTGUNS, OR AN EVENT AT
WHICH: (A) TWENTY PERCENT OR MORE OF THE TOTAL NUMBER OF EXHIBITORS  ARE
FIREARM  EXHIBITORS;  (B) TEN OR MORE FIREARM EXHIBITORS ARE PARTICIPAT-
ING; (C) A TOTAL OF TWENTY-FIVE OR MORE PISTOLS OR REVOLVERS ARE OFFERED
FOR SALE OR TRANSFER; OR (D) A TOTAL OF FIFTY OR MORE  FIREARMS,  RIFLES
OR  SHOTGUNS ARE OFFERED FOR SALE OR TRANSFER. THE TERM "GUN SHOW" SHALL
INCLUDE ANY BUILDING, STRUCTURE OR FACILITY WHERE  FIREARMS,  RIFLES  OR
SHOTGUNS  ARE  OFFERED  FOR  SALE  OR  TRANSFER, AND ANY GROUNDS USED IN
CONNECTION WITH THE EVENT.
  6. "RETAIL DEALER" MEANS ANY DEALER ENGAGED IN THE RETAIL BUSINESS  OF
SELLING FIREARMS, RIFLES OR SHOTGUNS.
  7. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
  8.  "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
  9. "STRAW PURCHASE" MEANS THE PURCHASE OR ATTEMPT  TO  PURCHASE  BY  A
PERSON  OF  A FIREARM, RIFLE OR SHOTGUN FOR, ON BEHALF OF OR FOR THE USE
OF ANOTHER PERSON, KNOWING THAT IT WOULD  BE  UNLAWFUL  FOR  SUCH  OTHER
PERSON  TO POSSESS SUCH FIREARM, RIFLE OR SHOTGUN, OR AN ATTEMPT TO MAKE
SUCH A PURCHASE.

S. 1302                             4

  10. "STRAW PURCHASER" MEANS A PERSON WHO, KNOWING  THAT  IT  WOULD  BE
UNLAWFUL  FOR  ANOTHER  PERSON  TO  POSSESS A FIREARM, RIFLE OR SHOTGUN,
PURCHASES OR ATTEMPTS TO PURCHASE A FIREARM, RIFLE OR  SHOTGUN  FOR,  ON
BEHALF OF OR FOR THE USE OF SUCH OTHER PERSON.
  11. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
  S  901.  REASONABLE  MEASURES TO PREVENT SALES AND TRANSFERS TO CRIMI-
NALS.  EVERY DEALER SHALL ADOPT REASONABLE MEASURES TO PREVENT FIREARMS,
RIFLES AND SHOTGUNS  FROM  BEING  DIVERTED  FROM  THE  LEGAL  STREAM  OF
COMMERCE,  INTENTIONALLY  OR  OTHERWISE,  FOR  LATER  SALE,  TRANSFER OR
DISPOSAL TO INDIVIDUALS NOT LEGALLY ENTITLED TO PURCHASE OR POSSESS SUCH
WEAPONS. SUCH MEASURES SHALL  INCLUDE,  BUT  NEED  NOT  BE  LIMITED  TO,
PROGRAMS  TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE THWART
ILLEGAL GUN  TRAFFICKING.  THE  SUPERINTENDENT  SHALL  DEVELOP  PROGRAMS
DESIGNED  TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE THWART
ILLEGAL GUN TRAFFICKING. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
ARTICLE, THE SUPERINTENDENT SHALL SUBMIT A  REPORT  TO  THE  LEGISLATURE
DETAILING SUCH PROGRAMS, INCLUDING ESTABLISHING MINIMUM REQUIREMENTS FOR
SUCH PROGRAMS.
  S  902.  SECURITY.  EVERY  DEALER  SHALL IMPLEMENT A SECURITY PLAN FOR
SECURING FIREARMS, RIFLES AND SHOTGUNS, INCLUDING FIREARMS,  RIFLES  AND
SHOTGUNS IN SHIPMENT. EACH SUCH PLAN MUST SATISFY AT LEAST THE FOLLOWING
REQUIREMENTS:
  1.  DISPLAY  CASES SHALL BE LOCKED AT ALL TIMES EXCEPT WHEN REMOVING A
SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW A CUSTOMER, AND CUSTOMERS SHALL
HANDLE FIREARMS, RIFLES OR SHOTGUNS ONLY UNDER THE DIRECT SUPERVISION OF
AN EMPLOYEE;
  2. ALL FIREARMS, RIFLES AND SHOTGUNS  SHALL  BE  SECURED,  OTHER  THAN
DURING  BUSINESS  HOURS,  IN  A  LOCKED  FIREPROOF  SAFE OR VAULT IN THE
LICENSEE'S BUSINESS PREMISES OR IN A SIMILAR SECURED  AND  LOCKED  AREA;
AND
  3. AMMUNITION SHALL BE STORED SEPARATELY FROM THE FIREARMS, RIFLES AND
SHOTGUNS AND OUT OF REACH OF THE CUSTOMERS.
  S  903.  ACCESS  TO FIREARMS, RIFLES AND SHOTGUNS. EVERY RETAIL DEALER
SHALL EXCLUDE ALL  PERSONS  UNDER  EIGHTEEN  YEARS  OF  AGE  FROM  THOSE
PORTIONS  OF ITS PREMISES WHERE FIREARMS, RIFLES, SHOTGUNS OR AMMUNITION
ARE STOCKED OR SOLD, UNLESS SUCH PERSON IS ACCOMPANIED BY  A  PARENT  OR
GUARDIAN.
  S  904.  LOCATION  OF  FIREARM,  RIFLE AND SHOTGUN SALES. EVERY DEALER
SHALL SELL OR OTHERWISE DISPOSE OF FIREARMS, RIFLES AND SHOTGUNS ONLY AT
THE LOCATION LISTED ON THE DEALER'S FEDERAL FIREARMS LICENSE OR  AT  GUN
SHOWS.
  S  905.  EMPLOYEE TRAINING. EVERY RETAIL DEALER SHALL PROVIDE TRAINING
TO ALL EMPLOYEES AND OTHER PERSONNEL  ENGAGED  IN  THE  RETAIL  SALE  OF
FIREARMS, RIFLES AND SHOTGUNS RELATING TO:
  1.  THE  LAW GOVERNING FIREARM, RIFLE AND SHOTGUN TRANSFERS BY FEDERAL
FIREARMS LICENSEES AND INDIVIDUALS;
  2. HOW TO RECOGNIZE STRAW PURCHASES AND  OTHER  ATTEMPTS  TO  PURCHASE
FIREARMS, RIFLES OR SHOTGUNS ILLEGALLY;
  3.  HOW  TO  TEACH  CONSUMERS  RULES  OF GUN SAFETY, INCLUDING BUT NOT
LIMITED TO THE SAFE HANDLING AND STORAGE OF FIREARMS, RIFLES  AND  SHOT-
GUNS; AND
  4.  HOW  TO COMPLY WITH PROVISIONS OF SECTION NINE HUNDRED SIX OF THIS
ARTICLE.
  NO EMPLOYEE OR AGENT OF ANY RETAIL DEALER  SHALL  PARTICIPATE  IN  THE
SALE  OR  DISPOSITION OF FIREARMS, RIFLES OR SHOTGUNS UNLESS SUCH PERSON
IS AT LEAST TWENTY-ONE YEARS OF AGE AND HAS FIRST RECEIVED THE  TRAINING

S. 1302                             5

REQUIRED  BY  THIS  SECTION.  THE  SUPERINTENDENT SHALL PROMULGATE REGU-
LATIONS SETTING  FORTH  MINIMUM  REQUIREMENTS  FOR  THE  MAINTENANCE  OF
RECORDS OF SUCH TRAINING.
  S  906.  RETAIL  SALES  OF FIREARMS, RIFLES AND SHOTGUNS. 1. NO RETAIL
DEALER SHALL SELL, DELIVER, LEASE OR  TRANSFER  ANY  FIREARM,  RIFLE  OR
SHOTGUN  TO  ANY  RETAIL  CUSTOMER  UNLESS  SUCH  RETAIL DEALER HAS: (A)
CONDUCTED THE REQUIRED NATIONAL INSTANT CRIMINAL  BACKGROUND  CHECK  AND
COMPLIED  WITH  THE PROVISIONS OF 18 U.S.C. 922(T); (B) SHOWN THE TRANS-
FEREE HOW TO LOAD AND UNLOAD THE  FIREARM,  RIFLE  OR  SHOTGUN,  HOW  TO
ENGAGE  AND  DISENGAGE  ALL  SAFETY DEVICES, AND HOW TO SAFELY STORE THE
WEAPON; (C) PROVIDED  THE  TRANSFEREE  WITH  A  GUN  LOCKING  DEVICE  AS
REQUIRED  BY  SECTION  THREE  HUNDRED NINETY-SIX-EE OF THIS CHAPTER; (D)
PROVIDED THE TRANSFEREE WITH A COPY OF THE SAFE STORAGE  WARNING  NOTICE
SET  FORTH  IN SUBDIVISION TWO OF THIS SECTION AND A COPY OF THE FEDERAL
BUREAU OF ALCOHOL,  TOBACCO,  FIREARMS  AND  EXPLOSIVES  DISPOSITION  OF
FIREARMS  NOTICE;  (E)  OBTAINED  THE  TRANSFEREE'S  SIGNATURE ON A FORM
PROMULGATED BY THE SUPERINTENDENT CERTIFYING  THAT  THE  TRANSFEREE  HAS
RECEIVED  THE  INSTRUCTION  AND NOTICE REQUIRED BY THIS SECTION; AND (F)
PROVIDED THE TRANSFEREE WITH A WRITTEN RECORD OF THE MAKE, MODEL,  CALI-
BER OR GAUGE, AND SERIAL NUMBER OF EACH FIREARM, RIFLE OR SHOTGUN TRANS-
FERRED TO ENABLE THE TRANSFEREE TO ACCURATELY DESCRIBE THE WEAPON TO LAW
ENFORCEMENT IN THE EVENT THAT IT IS SUBSEQUENTLY LOST OR STOLEN.
  2.  NO  RETAIL  DEALER  SHALL  SELL,  DELIVER,  LEASE  OR TRANSFER ANY
FIREARM, RIFLE OR SHOTGUN TO ANY PERSON UNLESS  AT  THE  TIME  OF  SALE,
DELIVERY,  LEASE  OR TRANSFER SUCH FIREARM, RIFLE OR SHOTGUN IS ACCOMPA-
NIED BY THE FOLLOWING WARNING, WHICH SHALL  APPEAR  IN  CONSPICUOUS  AND
LEGIBLE  TYPE  IN CAPITAL LETTERS, AND WHICH SHALL BE PRINTED ON A LABEL
AFFIXED TO SUCH FIREARM, RIFLE OR SHOTGUN AND PLACED IN THE CONTAINER IN
WHICH SUCH FIREARM, RIFLE OR  SHOTGUN  IS  SOLD,  DELIVERED,  LEASED  OR
TRANSFERRED:  "THE  USE  OF  A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE
ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS  SHOULD  BE  STORED  AND
LOCKED  IN  A  LOCATION  THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND
INACCESSIBLE TO CHILDREN  AND  OTHER  UNAUTHORIZED  PERSONS.  MORE  THAN
200,000  FIREARMS  LIKE THIS ONE ARE STOLEN FROM THEIR OWNERS EVERY YEAR
IN THE UNITED STATES. IN  ADDITION,  THERE  ARE  MORE  THAN  A  THOUSAND
SUICIDES  EACH  YEAR BY YOUNGER CHILDREN AND TEENAGERS WHO GET ACCESS TO
FIREARMS. HUNDREDS MORE DIE FROM ACCIDENTAL DISCHARGE. IT IS LIKELY THAT
MANY MORE CHILDREN SUSTAIN SERIOUS WOUNDS, OR INFLICT SUCH WOUNDS  ACCI-
DENTALLY  ON  OTHERS. IN ORDER TO LIMIT THE CHANCE OF SUCH MISUSE, IT IS
IMPERATIVE THAT YOU KEEP THIS WEAPON LOCKED IN A SECURE PLACE  AND  TAKE
OTHER  STEPS  NECESSARY  TO  LIMIT THE POSSIBILITY OF THEFT OR ACCIDENT.
FAILURE TO TAKE REASONABLE PREVENTIVE STEPS MAY RESULT IN INNOCENT LIVES
BEING LOST, AND IN SOME CIRCUMSTANCES MAY RESULT IN YOUR LIABILITY."
  S 907. MAINTENANCE OF RECORDS. EVERY DEALER SHALL ESTABLISH AND  MAIN-
TAIN  SUCH  PURCHASE,  SALE, INVENTORY AND OTHER RECORDS AT THE DEALER'S
PLACE OF BUSINESS IN SUCH FORM AND FOR SUCH PERIOD AS THE SUPERINTENDENT
SHALL REQUIRE, AND SHALL AT A MINIMUM INCLUDE THE FOLLOWING:
  1. EVERY DEALER SHALL RECORD THE MAKE, MODEL, CALIBER  OR  GAUGE,  AND
SERIAL  NUMBER OF ALL FIREARMS, RIFLES AND SHOTGUNS THAT ARE ACQUIRED OR
DISPOSED OF NOT LATER THAN ONE BUSINESS DAY AFTER THEIR  ACQUISITION  OR
DISPOSITION.  MONTHLY  BACKUPS OF THESE RECORDS SHALL BE MAINTAINED IN A
SECURE CONTAINER DESIGNED TO PREVENT LOSS BY FIRE, THEFT OR OTHER  MISH-
AP;
  2.  ALL FIREARMS, RIFLES AND SHOTGUNS ACQUIRED BUT NOT YET DISPOSED OF
MUST BE ACCOUNTED FOR THROUGH AN  INVENTORY  CHECK  PREPARED  ONCE  EACH
MONTH AND MAINTAINED IN A SECURE LOCATION;

S. 1302                             6

  3.  FIREARM, RIFLE AND SHOTGUN SALES INFORMATION, INCLUDING THE SERIAL
NUMBERS OF FIREARMS, RIFLES AND SHOTGUNS SOLD, DATES OF SALE AND IDENTI-
TY OF PURCHASERS, SHALL BE MAINTAINED AND MADE AVAILABLE  TO  GOVERNMENT
LAW  ENFORCEMENT  AGENCIES  AND TO THE MANUFACTURER OF THE WEAPON OR ITS
DESIGNEE; AND
  4.  EVERY DEALER SHALL MAINTAIN RECORDS OF CRIMINAL FIREARM, RIFLE AND
SHOTGUN TRACES INITIATED BY THE  FEDERAL  BUREAU  OF  ALCOHOL,  TOBACCO,
FIREARMS  AND  EXPLOSIVES ("ATF"). ALL ATF FORM 4473 TRANSACTION RECORDS
SHALL BE RETAINED ON THE DEALER'S BUSINESS PREMISES IN A SECURE CONTAIN-
ER DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISHAP.
  S 908. COOPERATION WITH LAW ENFORCEMENT. EVERY DEALER SHALL:
  1. PROVIDE GOVERNMENT LAW ENFORCEMENT AGENCIES WITH FULL ACCESS TO ANY
DOCUMENTS RELATED TO THE ACQUISITION  AND  DISPOSITION  OF  FIREARMS  OR
EMPLOYEE TRAINING DEEMED NECESSARY BY SUCH AGENCY;
  2. PARTICIPATE IN AND COMPLY WITH ALL MONITORING OF FIREARM, RIFLE AND
SHOTGUN  DISTRIBUTION  BY  MANUFACTURERS  OR  GOVERNMENT LAW ENFORCEMENT
AGENCIES;
  3. REPORT ALL ATF TRACE REQUESTS BY MAKE, MODEL AND SERIAL  NUMBER  OF
FIREARM,  DATE  OF  TRACE,  AND  DATE OF SALE TO THE MANUFACTURER OF THE
FIREARM, RIFLE OR SHOTGUN ON A MONTHLY BASIS, UNLESS THE ATF DIRECTS THE
LICENSEE NOT TO REPORT CERTAIN TRACES, AND ALSO REPORT  SUCH  TRACES  TO
THE  SUPERINTENDENT  FOR USE IN CONJUNCTION WITH THE CRIMINAL GUN CLEAR-
INGHOUSE ESTABLISHED PURSUANT TO SECTION TWO HUNDRED THIRTY OF THE EXEC-
UTIVE LAW;
  4. ANALYZE ALL ATF TRACE REQUESTS TO  DETERMINE  WHETHER  THERE  IS  A
PATTERN  OF  FIREARMS,  RIFLES OR SHOTGUNS SOLD BY THE DEALER BEING USED
FOR CRIMINAL PURPOSES, AND, IF  SUCH  PATTERN  EXISTS,  TAKE  CORRECTIVE
ACTION AND REPORT SUCH FINDINGS AND SUCH CORRECTIVE ACTION TO THE SUPER-
INTENDENT; AND
  5.  REPORT ANY FIREARM, RIFLE OR SHOTGUN SALES THAT APPEAR TO BE STRAW
PURCHASES OR OTHERWISE CREATE A REASONABLE SUSPICION THAT  THE  FIREARM,
RIFLE OR SHOTGUN MAY BE DIVERTED FROM THE LEGAL STREAM OF COMMERCE.
  S 909. INTERNAL COMPLIANCE AND CERTIFICATION. 1. EVERY DEALER SHALL:
  (A)  IMPLEMENT  AND MAINTAIN SUFFICIENT INTERNAL COMPLIANCE PROCEDURES
TO ENSURE COMPLIANCE WITH THE  REQUIREMENTS  OF  THIS  ARTICLE  AND  ALL
APPLICABLE  FEDERAL,  STATE AND LOCAL LAWS AND REGULATIONS GOVERNING THE
SALE, TRANSFER AND DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS; AND
  (B) ANNUALLY CERTIFY  TO  THE  SUPERINTENDENT  THAT  SUCH  DEALER  HAS
COMPLIED  WITH  ALL OF THE REQUIREMENTS OF THIS ARTICLE. THE SUPERINTEN-
DENT SHALL BY REGULATION DETERMINE THE FORM AND CONTENT OF  SUCH  ANNUAL
CERTIFICATION.
  2.  THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS ESTABLISHING PERI-
ODIC INSPECTIONS, DURING REGULAR AND USUAL BUSINESS HOURS, BY THE  DIVI-
SION  OF  STATE  POLICE  OF  THE  PREMISES  OF EVERY DEALER TO DETERMINE
COMPLIANCE BY SUCH DEALER WITH THE REQUIREMENTS OF THIS  ARTICLE.  EVERY
DEALER  SHALL  PROVIDE  THE DIVISION OF STATE POLICE WITH FULL ACCESS TO
SUCH DEALER'S PREMISES FOR SUCH INSPECTIONS.
  S 910. RULES AND REGULATIONS. THE SUPERINTENDENT MAY  PROMULGATE  SUCH
ADDITIONAL RULES AND REGULATIONS AS THE SUPERINTENDENT SHALL DEEM NECES-
SARY  TO  PREVENT FIREARMS, RIFLES AND SHOTGUNS FROM BEING DIVERTED FROM
THE LEGAL STREAM OF COMMERCE.
  S 911. VIOLATIONS. ANY PERSON, FIRM  OR  CORPORATION  WHICH  KNOWINGLY
VIOLATES  ANY  PROVISION  OF  THIS  ARTICLE SHALL BE GUILTY OF A CLASS A
MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN THE PENAL LAW,  AND  SHALL  BE
GUILTY  OF A CLASS E FELONY FOR A SECOND VIOLATION OCCURRING WITHIN FIVE

S. 1302                             7

YEARS OF A PRIOR CONVICTION FOR A VIOLATION OF  ANY  PROVISION  OF  THIS
ARTICLE.
  S  3.  Subdivision 1 of section 396-ee of the general business law, as
added by chapter 189 of the laws of 2000, is amended to read as follows:
  (1) No person, firm or corporation engaged in the retail  business  of
selling  rifles,  shotguns  or  firearms,  as  such terms are defined in
section 265.00 of the penal law, shall sell,  deliver  or  transfer  any
such  rifle,  shotgun or firearm to another person unless the transferee
is provided at the time of sale, delivery or transfer with a gun locking
device and a label containing the quoted language specified in  subdivi-
sion two of [this] section [is either] NINE HUNDRED SIX OF THIS CHAPTER,
WHICH  SHALL  APPEAR IN CONSPICUOUS AND LEGIBLE TYPE IN CAPITAL LETTERS,
AND SHALL BE affixed to such rifle, shotgun or firearm [or]  AND  placed
in the container in which such rifle, shotgun or firearm is sold, deliv-
ered  or  transferred.  For  the purposes of this section, the term "gun
locking device" shall mean an integrated design feature or an attachable
accessory that is resistant to tampering and is effective in  preventing
the discharge of such rifle, shotgun or firearm by a person who does not
have access to the key, combination or other mechanism used to disengage
the  device.  The  division of state police shall develop and promulgate
rules and regulations setting forth the specific devices or the  minimum
standards  and criteria therefor which constitute an effective gun lock-
ing device.
  S 4. Subdivision 1 of section 400.00 of the penal law, as  amended  by
chapter 1 of the laws of 2013, is amended to read as follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section  except  by  the licensing officer, and then only after investi-
gation and finding that all statements in a  proper  application  for  a
license  are  true.  No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however,  that
where  such  applicant  has  been  honorably  discharged from the United
States army, navy, marine corps,  air  force  or  coast  guard,  or  the
national  guard  of the state of New York, no such age restriction shall
apply; (b) of good moral character;  (c)  who  has  not  been  convicted
anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
from justice; (e) who is not an unlawful user  of  or  addicted  to  any
controlled  substance as defined in section 21 U.S.C. 802; (f) who being
an alien (i) is not illegally or unlawfully in the United States or (ii)
has not been admitted to the United States  under  a  nonimmigrant  visa
subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
discharged from the Armed Forces under dishonorable conditions; (h) who,
having been a citizen of the United States, has not renounced his or her
citizenship; (i) who has stated whether he or she has ever suffered  any
mental illness; (j) who has not been involuntarily committed to a facil-
ity  under  the  jurisdiction  of  an office of the department of mental
hygiene pursuant to article nine or fifteen of the mental  hygiene  law,
article seven hundred thirty or section 330.20 of the criminal procedure
law,  section  four  hundred two or five hundred eight of the correction
law, section 322.2 or 353.4 of the family court act,  or  has  not  been
civilly  confined in a secure treatment facility pursuant to article ten
of the mental hygiene law; (k) who has not had a license revoked or  who
is  not under a suspension or ineligibility order issued pursuant to the
provisions of section 530.14 of the criminal procedure  law  or  section
eight  hundred forty-two-a of the family court act; (l) in the county of
Westchester, who has successfully completed a firearms safety course and
test as evidenced by a certificate of completion issued in  his  or  her

S. 1302                             8

name  and endorsed and affirmed under the penalties of perjury by a duly
authorized instructor,  except  that:  (i)  persons  who  are  honorably
discharged  from  the  United  States  army, navy, marine corps or coast
guard,  or  of  the national guard of the state of New York, and produce
evidence of official  qualification  in  firearms  during  the  term  of
service  are  not  required  to have completed those hours of a firearms
safety course pertaining to the safe use, carrying, possession,  mainte-
nance  and  storage  of a firearm; and (ii) persons who were licensed to
possess a pistol or revolver prior to the effective date of  this  para-
graph  are  not  required to have completed a firearms safety course and
test; (m) who has not had a guardian appointed for him or  her  pursuant
to any provision of state law, based on a determination that as a result
of  marked subnormal intelligence, mental illness, incapacity, condition
or disease, he or she lacks the mental capacity to  contract  or  manage
his or her own affairs; and (n) concerning whom no good cause exists for
the  denial  of  the  license. No person shall engage in the business of
gunsmith or dealer in firearms unless licensed pursuant to this section,
AND NO PERSON SHALL ENGAGE IN THE BUSINESS OF DEALER IN FIREARMS  UNLESS
SUCH  PERSON COMPLIES WITH THE PROVISIONS OF ARTICLES THIRTY-NINE-DD AND
FORTY OF THE GENERAL BUSINESS LAW.  An applicant to engage in such busi-
ness shall also be a citizen of the United States, more than  twenty-one
years  of  age  and  maintain  a place of business in the city or county
where the license is issued. For such business, if the  applicant  is  a
firm  or  partnership,  each member thereof shall comply with all of the
requirements set forth in this subdivision and if  the  applicant  is  a
corporation, each officer thereof shall so comply.
  S  5.  Subdivisions  11  and 12 of section 400.00 of the penal law, as
amended by chapter 1 of the  laws  of  2013,  are  amended  to  read  as
follows:
  11. License: revocation and suspension. (a) The conviction of a licen-
see  anywhere  of  a felony or serious offense or a licensee at any time
becoming ineligible to obtain a license under this section shall operate
as a revocation of the license. A license may be revoked or suspended as
provided for in section 530.14 of the criminal procedure law or  section
eight  hundred forty-two-a of the family court act. Except for a license
issued pursuant to section 400.01 of this  article,  a  license  may  be
revoked  and  cancelled  at any time in the city of New York, and in the
counties of Nassau and Suffolk, by the licensing officer, and  elsewhere
than  in  the  city  of  New  York by any judge or justice of a court of
record; a license issued pursuant to section 400.01 of this article  may
be  revoked  and  cancelled  at any time by the licensing officer or any
judge or justice of a court of record.  A LICENSE TO ENGAGE IN THE BUSI-
NESS OF DEALER MAY BE REVOKED OR SUSPENDED  FOR  ANY  VIOLATION  OF  THE
PROVISIONS  OF  ARTICLE  THIRTY-NINE-DD OR FORTY OF THE GENERAL BUSINESS
LAW. The official revoking a license shall give written  notice  thereof
without unnecessary delay to the executive department, division of state
police,  Albany,  and shall also notify immediately the duly constituted
police authorities of the locality.
  (b) Whenever the director of community services or his or her designee
makes a report pursuant to section 9.46 of the mental hygiene  law,  the
division  of  criminal  justice  services shall convey such information,
whenever it determines that the person named in the report  possesses  a
license  issued  pursuant  to this section, to the appropriate licensing
official, who shall issue an order suspending or revoking such license.
  (c) In any instance in  which  a  person's  license  is  suspended  or
revoked  under  paragraph  (a)  or  (b) of this subdivision, such person

S. 1302                             9

shall surrender such license to the appropriate licensing  official  and
any  and  all  firearms,  rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency  as
provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
section 265.20 of this chapter. In  the  event  such  license,  firearm,
shotgun,  or  rifle  is not surrendered, such items shall be removed and
declared a nuisance and any  police  officer  or  peace  officer  acting
pursuant  to  his  or her special duties is authorized to remove any and
all such weapons.
  12. Records required of gunsmiths and dealers in  firearms.  [Any]  IN
ADDITION  TO  THE  REQUIREMENTS SET FORTH IN ARTICLES THIRTY-NINE-DD AND
FORTY OF THE GENERAL BUSINESS LAW, ANY person licensed  as  gunsmith  or
dealer  in firearms shall keep a record book approved as to form, except
in the city of New York, by the superintendent of state police.  In  the
record  book shall be entered at the time of every transaction involving
a firearm the date, name, age, occupation and residence  of  any  person
from  whom  a firearm is received or to whom a firearm is delivered, and
the calibre, make, model, manufacturer's name and serial number,  or  if
none,  any  other  distinguishing  number or identification mark on such
firearm. Before delivering a firearm to any person, the  licensee  shall
require  him  to  produce  either  a license valid under this section to
carry or possess the same, or proof of lawful  authority  as  an  exempt
person  pursuant  to section 265.20 OF THIS CHAPTER. In addition, before
delivering a firearm to a peace officer, the licensee shall verify  that
person's  status  as  a peace officer with the division of state police.
After completing the foregoing, the licensee shall remove and retain the
attached coupon and enter in the record book the date of  such  license,
number,  if  any,  and name of the licensing officer, in the case of the
holder of a license to carry or possess, or the shield or other  number,
if  any,  assignment  and  department, unit or agency, in the case of an
exempt person. The original transaction report shall be forwarded to the
division of state police within ten days of delivering a firearm to  any
person,  and  a duplicate copy shall be kept by the licensee. The super-
intendent of state police  may  designate  that  such  record  shall  be
completed  and transmitted in electronic form. A dealer may be granted a
waiver from transmitting such records in electronic form if  the  super-
intendent  determines that such dealer is incapable of such transmission
due to technological limitations that  are  not  reasonably  within  the
control  of  the dealer, or other exceptional circumstances demonstrated
by the dealer, pursuant to a process established in regulation,  and  at
the discretion of the superintendent. Records assembled or collected for
purposes of inclusion in the database created pursuant to section 400.02
of  this  article shall not be subject to disclosure pursuant to article
six of the public officers law. The record book shall be  maintained  on
the premises mentioned and described in the license and shall be open at
all  reasonable hours for inspection by any peace officer, acting pursu-
ant to his special duties, or police officer. In the event of  cancella-
tion or revocation of the license for gunsmith or dealer in firearms, or
discontinuance  of  business  by  a  licensee, such record book shall be
immediately surrendered to the licensing officer  in  the  city  of  New
York,  and  in  the counties of Nassau and Suffolk, and elsewhere in the
state to the executive department, division of state police.
  S 6. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  such  judgment  shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,

S. 1302                            10

sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the superintendent of state  police  is
authorized  and directed to immediately adopt, amend and promulgate such
rules and regulations as may be necessary and  desirable  to  effectuate
the purposes of section two of this act.