| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 11, 2016 |
referred to codes |
Senate Bill S7596
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
2015-S7596 (ACTIVE) - Details
2015-S7596 (ACTIVE) - Summary
Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person; requires either the National Instant Criminal Background Check System (NICS) or its successor has issued a "proceed" response to the licensee, or ten business days have elapsed since the date the licensee, seller, transferor or dealer contacted NICS to initiate a national instant criminal background check and NICS has not notified the licensee, seller, transferor or dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.
2015-S7596 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7596
TITLE OF BILL :
An act to amend the penal law and the general business law, in
relation to establishing a waiting period before a firearm, shotgun or
rifle may be delivered to a person
PURPOSE OR GENERAL IDEA OF BILL :
To extend the period of time in which a licensed firearm dealer can
deliver a firearm without a "proceed" response from the National
Instant Criminal Background Check System from 3 days to 10 days.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill amends section 400.00(12) of the penal law to
provide that before a licensed firearms dealer delivers a firearm to
another person, the National Instant Criminal Background Check System
(NICS) must have issued a proceed response to the dealer or ten
business days must have elapsed without NICS notifying the dealer that
the transfer of the firearm in the transaction should be denied.
Section 2 of the bill adds a new section 400.20 to the penal law to
provide that when a rifle or shotgun sale or transfer occurs, NICS
must have issued a proceed response or ten business days must have
2015-S7596 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7596
I N S E N A T E
May 11, 2016
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the general business law, in relation
to establishing a waiting period before a firearm, shotgun or rifle
may be delivered to a person
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 12 of section 400.00 of the penal law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
12. Records required of gunsmiths and dealers in firearms. 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 superinten-
dent 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 iden-
tification 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
AND EITHER (A) THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE LICENSEE,
OR (B) TEN BUSINESS DAYS HAVE ELAPSED SINCE THE DATE THE LICENSEE
CONTACTED NICS TO INITIATE A NATIONAL INSTATE CRIMINAL BACKGROUND CHECK
AND NICS HAS NOT NOTIFIED THE LICENSEE THAT THE TRANSFER OF THE FIREARM
TO SUCH PERSON SHOULD BE DENIED. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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