|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 11, 2016||referred to codes|
senate Bill S7596
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7596 (ACTIVE) - Details
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.
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
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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