|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 08, 2018||referred to governmental operations|
assembly Bill A10045
Archive: Last Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A10045 (ACTIVE) - Details
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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