assembly Bill A10045

2017-2018 Legislative Session

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

download bill text pdf

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 08, 2018 referred to governmental operations

A10045 (ACTIVE) - Details

See Senate Version of this Bill:
S8172
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 2019-2020 Legislative Session:
A4380

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).

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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