assembly Bill A9433A

2015-2016 Legislative Session

Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 16, 2016 print number 9433a
May 16, 2016 amend and recommit to codes
Mar 03, 2016 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A9433 - Details

See Senate Version of this Bill:
S7596
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, add §400.20, Pen L; amd §§897 & 898, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2406, S1414
2019-2020: A2690, S2374

A9433 - 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 to initiate a national instant criminal background check and NICS 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.

A9433 - Bill Text download pdf

                    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.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A9433A (ACTIVE) - Details

See Senate Version of this Bill:
S7596
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, add §400.20, Pen L; amd §§897 & 898, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2406, S1414
2019-2020: A2690, S2374

A9433A (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 to initiate a national instant criminal background check and NICS 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.

A9433A (ACTIVE) - Bill Text download pdf

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

                                 9433--A

                          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, HOOPER,  BUCHWALD,  ABINANTI,
  OTIS, STECK -- Multi-Sponsored by -- M. of A. BRENNAN -- read once and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 INSTANT 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

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

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