S T A T E   O F   N E W   Y O R K
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                                  7025

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 20, 2015
                               ___________

Introduced  by  M.  of A. KAVANAGH, SCHIMEL -- read once and referred to
  the Committee on Codes

AN ACT 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. 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.
  Criminal purchase or disposal of a weapon is a class D felony.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05191-01-5
              

A. 7025                             2

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.
  S 2. 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
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

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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.
  (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 3. 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 two 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.