The New York State Senate

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

                                  9433

                          I N  A S S E M B L Y

                              March 3, 2016
                               ___________

Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, GALEF, GOTTFRIED, MOSLEY,
  ROBINSON, SIMON, JAFFEE, BLAKE, LINARES -- Multi-Sponsored by -- M. of
  A. BRENNAN -- read once and referred 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) THREE BUSINESS DAYS  HAVE  ELAPSED  SINCE  THE  DATE  THE
LICENSEE CONTACTED THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
(NICS)  OR  ITS  SUCCESSOR TO INITIATE A NATIONAL INSTATE CRIMINAL BACK-
GROUND CHECK AND NICS 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,

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

                                                           LBD13653-04-6

A. 9433                             2

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  2.  The penal law is amended by adding a new section 400.20 to read
as follows:
S 400.20 WAITING PERIOD IN CONNECTION WITH THE SALE  OR  TRANSFER  OF  A
           RIFLE OR SHOTGUN.
  WHEN A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK IS REQUIRED PURSUANT
TO  STATE  OR  FEDERAL  LAW TO BE CONDUCTED THROUGH THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM (NICS) OR ITS SUCCESSOR  IN  CONNECTION
WITH  THE  SALE  OR TRANSFER OF A RIFLE OR SHOTGUN TO ANY PERSON, BEFORE
DELIVERING A RIFLE OR SHOTGUN TO SUCH PERSON, EITHER (A) THREE  BUSINESS
DAYS  SHALL  HAVE  ELAPSED  SINCE  THE  DATE  THE  SELLER  OR TRANSFEROR
CONTACTED NICS TO INITIATE A NATIONAL INSTATE CRIMINAL BACKGROUND  CHECK
AND NICS HAS ISSUED A "PROCEED" RESPONSE TO THE SELLER OR TRANSFEROR, OR
(B)  TEN  BUSINESS  DAYS SHALL HAVE ELAPSED SINCE THE DATE THE SELLER OR
TRANSFEROR CONTACTED NICS TO INITIATE A NATIONAL INSTANT CRIMINAL  BACK-
GROUND CHECK AND NICS HAS NOT NOTIFIED THE SELLER OR TRANSFEROR THAT THE
TRANSFER OF THE RIFLE OR SHOTGUN TO SUCH PERSON SHOULD BE DENIED.
  S  3.  Subdivision  1  of  section 897 of the general business law, as
added by chapter 189 of the laws of 2000, is amended to read as follows:
  1. A national instant criminal background check shall be conducted and
no person shall sell or transfer a firearm, rifle or shotgun  at  a  gun
show,  except  in  accordance  with  the provisions of 18 U.S.C. 922(t),
PROVIDED THAT BEFORE DELIVERING A  FIREARM,  RIFLE  OR  SHOTGUN  TO  ANY
PERSON, EITHER (A) THREE BUSINESS DAYS SHALL HAVE ELAPSED SINCE THE DATE
THE  SELLER  OR TRANSFEROR CONTACTED THE NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK SYSTEM (NICS) OR  ITS  SUCCESSOR  TO  INITIATE  A  NATIONAL
INSTANT  CRIMINAL  BACKGROUND  CHECK  AND  NICS  HAS  ISSUED A "PROCEED"
RESPONSE TO THE SELLER OR TRANSFEROR, OR (B)  TEN  BUSINESS  DAYS  SHALL
HAVE  ELAPSED  SINCE THE DATE THE SELLER OR TRANSFEROR CONTACTED NICS TO
INITIATE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK AND NICS  HAS  NOT
NOTIFIED  THE  SELLER  OR  TRANSFEROR  THAT THE TRANSFER OF THE FIREARM,
RIFLE OR SHOTGUN TO SUCH PERSON SHOULD BE DENIED.

A. 9433                             3

  S 4. Subdivisions 1 and 2 of section 898 of the general business  law,
as  added  by  chapter  1  of  the  laws of 2013, are amended to read as
follows:
  1.  In addition to any other requirements pursuant to state and feder-
al  law,  all sales, exchanges or disposals of firearms, rifles or shot-
guns shall be conducted in accordance  with  this  section  unless  such
sale, exchange or disposal is conducted by a licensed importer, licensed
manufacturer  or licensed dealer, as those terms are defined in 18 USC S
922, when such sale, exchange or disposal is conducted pursuant to  that
person's  federal firearms license or such sale, exchange or disposal is
between members of  an  immediate  family.  WHEN  A  SALE,  EXCHANGE  OR
DISPOSAL  IS  CONDUCTED PURSUANT TO A PERSON'S FEDERAL FIREARMS LICENSE,
BEFORE DELIVERING A FIREARM, RIFLE OR SHOTGUN TO ANY PERSON, EITHER  (A)
THREE  BUSINESS  DAYS  SHALL  HAVE  ELAPSED  SINCE  THE DATE THE FEDERAL
FIREARMS LICENSEE CONTACTED THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND
CHECK  SYSTEM  (NICS)  OR  ITS  SUCCESSOR TO INITIATE A NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK AND NICS HAS ISSUED A  "PROCEED"  RESPONSE  TO
THE  FEDERAL  FIREARMS  LICENSEE,  OR  (B)  TEN BUSINESS DAYS SHALL HAVE
ELAPSED SINCE THE DATE THE FEDERAL FIREARMS LICENSEE CONTACTED  NICS  TO
INITIATE  A  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK AND NICS HAS NOT
NOTIFIED THE FEDERAL FIREARMS LICENSEE THAT THE TRANSFER OF THE FIREARM,
RIFLE OR SHOTGUN TO SUCH PERSON SHOULD BE DENIED.  For purposes of  this
section, "immediate family" shall mean spouses, domestic partners, chil-
dren and step-children.
  2.  Before  any sale, exchange or disposal pursuant to this article, a
national instant criminal background check must be completed by a dealer
who consents to conduct such check, and upon completion  of  such  back-
ground  check,  shall  complete  a  document, the form of which shall be
approved by the superintendent of  state  police,  that  identifies  and
confirms that such check was performed.  BEFORE A DEALER WHO CONSENTS TO
CONDUCT A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK DELIVERS A FIREARM,
RIFLE  OR  SHOTGUN  TO  ANY PERSON, EITHER (A) THREE BUSINESS DAYS SHALL
HAVE ELAPSED SINCE THE DATE THE DEALER  CONTACTED  NICS  TO  INITIATE  A
NATIONAL  INSTANT  CRIMINAL  BACKGROUND  CHECK  AND  NICS  HAS  ISSUED A
"PROCEED" RESPONSE TO THE DEALER, OR (B) TEN BUSINESS  DAYS  SHALL  HAVE
ELAPSED  SINCE THE DATE THE DEALER CONTACTED NICS TO INITIATE A NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED  THE  DEALER
THAT THE TRANSFER OF THE FIREARM, RIFLE OR SHOTGUN TO SUCH PERSON SHOULD
BE DENIED.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.