Assembly Bill A7994

2015-2016 Legislative Session

Enacts the effective background check act of 2015

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A7994 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §400.20, amd §§265.17 & 400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3438, A9068
2019-2020: A2441

2015-A7994 (ACTIVE) - Summary

Implements the effective background check act of 2015; requires licensed firearms businesses to report the crime of criminal purchase of a weapon; requires background checks for employees who would be authorized to possess or transfer firearms.

2015-A7994 (ACTIVE) - Bill Text download pdf

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

                                  7994

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2015
                               ___________

Introduced by M. of A. KAVANAGH, SCHIMEL, ORTIZ, MOSLEY, ARROYO, PAULIN,
  WEPRIN,  PICHARDO, STECK -- read once and referred to the Committee on
  Codes

AN ACT to amend the penal law, in relation  to  enacting  the  effective
  background  check  act  of 2015, in relation to establishing a ten day
  period for background checks for the purchase of a firearm, rifle,  or
  shotgun,  and  in relation to requiring gunsmiths or 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, rifles, or shotguns

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

  Section  1. This act shall be known and may be cited as the "effective
background check act of 2015".
  S 2. The penal law is amended by adding a new section 400.20  to  read
as follows:
S 400.20 TIME  PERIOD  FOR  A BACKGROUND CHECK FOR SALE OR TRANSFER OF A
           FIREARM, RIFLE, OR SHOTGUN.
  1. WHENEVER FEDERAL OR STATE LAW REQUIRES THAT A BACKGROUND  CHECK  BE
CONDUCTED  THROUGH THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
IN ACCORDANCE WITH THE PROVISIONS OF 18 U.S.C.  922(T)  BEFORE  SALE  OR
TRANSFER  OF A FIREARM, RIFLE, OR SHOTGUN, NO PERSON SHALL COMPLETE SUCH
SALE OR TRANSFER UNLESS:
  A. THE SYSTEM PROVIDES A UNIQUE IDENTIFICATION NUMBER PURSUANT  TO  18
U.S.C.  922(T)(1)(B)(I),  INDICATING THAT THERE IS NO INFORMATION IN THE
SYSTEM THAT WOULD DISQUALIFY THE APPLICANT FROM RECEIVING OR  POSSESSING
A FIREARM, RIFLE, OR SHOTGUN; OR
  B.  TEN  BUSINESS DAYS, AS DEFINED IN 18 U.S.C. 922(T)(1)(B)(II), HAVE
ELAPSED FROM THE DATE SUCH BACKGROUND CHECK WAS INITIATED BY  CONTACTING
THE  SYSTEM,  AND  THE  SYSTEM  HAS  NOT INDICATED THAT THE APPLICANT IS
DISQUALIFIED FROM RECEIVING OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03254-08-5
              

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