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Assembly Bill A10045

2017-2018 Legislative Session

Relates to the point of contact for conducting national instant criminal background checks

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Archive: Last Bill Status - In Assembly Committee

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2017-A10045 (ACTIVE) - Details

See Senate Version of this Bill:
S8172
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §228, Exec L; amd §§896 & 898, Gen Bus L; amd §400.03, add §400.06, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4380
2021-2022: A930

2017-A10045 (ACTIVE) - Summary

Relates to the point of contact for conducting national instant criminal background checks; authorizes and directs the division of state police to serve as the point of contact for implementation of 18 U.S.C. sec. 922(t).

2017-A10045 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10045
 
                           I N  A S S E M B L Y
 
                               March 8, 2018
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the  executive law, the general business law and the
   penal law, in relation to the point of contact for conducting national
   instant criminal background checks
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 228 to
 read as follows:
   §  228.  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECKS. THE DIVISION IS
 HEREBY AUTHORIZED AND DIRECTED TO SERVE AS A STATE POINT OF CONTACT  FOR
 IMPLEMENTATION  OF  18 U.S.C. SEC.  922 (T), ALL FEDERAL REGULATIONS AND
 APPLICABLE GUIDELINES ADOPTED PURSUANT THERETO, AND THE NATIONAL INSTANT
 CRIMINAL BACKGROUND CHECK SYSTEM.
   1. THE DIVISION SHALL REPORT THE NAME,  DATE  OF  BIRTH  AND  PHYSICAL
 DESCRIPTION  OF ANY PERSON PROHIBITED FROM POSSESSING A FIREARM PURSUANT
 TO 18 USC 922(G) OR (N) TO  THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND
 CHECK SYSTEM INDEX, DENIED PERSONS FILES.
   2. THE SUPERINTENDENT SHALL PROMULGATE A PLAN TO COORDINATE BACKGROUND
 CHECKS  FOR  PURCHASES, INCLUDING NICS, IN NEW YORK STATE. SUCH PLAN MAY
 INCLUDE, BUT IS NOT  LIMITED  TO,  RECRUITING  AND  TRAINING  PERSONNEL,
 SETTING  UP AN INSTANTANEOUS ELECTRONIC DATABASE, AND SELECTING HOURS OF
 OPERATION.
   (A) FOLLOWING IMPLEMENTATION OF SUCH PLAN, NO APPLICATION OR RECORD OF
 SALE SHALL BE COMPLETED FOR THE PURCHASE OR TRANSFER OF A FIREARM  BY  A
 LICENSED DEALER WITHOUT FIRST CONTACTING THE DIVISION.
   (B)  UPON  ESTABLISHMENT OF SUCH PLAN, THE SUPERINTENDENT SHALL NOTIFY
 EACH PERSON, FIRM OR CORPORATION HOLDING A PERMIT TO  SELL  FIREARMS  OF
 THE  EXISTENCE  AND  PURPOSE  OF  THE SYSTEM AND THE MEANS TO BE USED TO
 APPLY FOR BACKGROUND CHECKS.
   3. ANY APPLICANT SHALL HAVE THIRTY DAYS TO  APPEAL  THE  DENIAL  OF  A
 BACKGROUND  CHECK,  USING  A FORM ESTABLISHED BY THE SUPERINTENDENT. THE
 DIVISION SHALL RESEARCH THE BACKGROUND CHECK AND PROVIDE SUCH  APPLICANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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