S T A T E O F N E W Y O R K
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11287
I N A S S E M B L Y
July 25, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
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 TEN 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 BACKGROUND CHECK. 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 agen-
cy, in the case of an exempt person. The original transaction report
shall be forwarded to the division of state police within ten days of
delivering a firearm to any person, and a duplicate copy shall be kept
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16366-02-8
A. 11287 2
by the licensee. The superintendent of state police may designate that
such record shall be completed and transmitted in electronic form. A
dealer may be granted a waiver from transmitting such records in elec-
tronic form if the superintendent determines that such dealer is incapa-
ble of such transmission due to technological limitations that are not
reasonably within the control of the dealer, or other exceptional
circumstances demonstrated by the dealer, pursuant to a process estab-
lished in regulation, and at the discretion of the superintendent.
Records assembled or collected for purposes of inclusion in the database
created pursuant to section 400.02 of this article shall not be subject
to disclosure pursuant to article six of the public officers law. The
record book shall be maintained on the premises mentioned and described
in the license and shall be open at all reasonable hours for inspection
by any peace officer, acting pursuant to his special duties, or police
officer. In the event of cancellation or revocation of the license for
gunsmith or dealer in firearms, or discontinuance of business by a
licensee, such record book shall be immediately surrendered to the
licensing officer in the city of New York, and in the counties of Nassau
and Suffolk, and elsewhere in the state to the executive department,
division of state police.
§ 2. The penal law is amended by adding a new section 400.20 to read
as follows:
§ 400.20 WAITING PERIOD IN CONNECTION WITH THE SALE OR TRANSFER OF A
RIFLE OR SHOTGUN.
WHEN A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK IS REQUIRED PURSUANT
TO STATE OR FEDERAL LAW TO BE CONDUCTED THROUGH THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM (NICS) OR ITS SUCCESSOR IN CONNECTION
WITH THE SALE OR TRANSFER OF A RIFLE OR SHOTGUN TO ANY PERSON, BEFORE
DELIVERING A RIFLE OR SHOTGUN TO SUCH PERSON, TEN BUSINESS DAYS SHALL
HAVE ELAPSED SINCE THE DATE THE SELLER OR TRANSFEROR CONTACTED NICS TO
INITIATE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK.
§ 3. Subdivision 1 of section 897 of the general business law, as
added by chapter 189 of the laws of 2000, is amended to read as follows:
1. A national instant criminal background check shall be conducted and
no person shall sell or transfer a firearm, rifle or shotgun at a gun
show, except in accordance with the provisions of 18 U.S.C. 922(t),
PROVIDED THAT BEFORE DELIVERING A FIREARM, RIFLE OR SHOTGUN TO ANY
PERSON, TEN BUSINESS DAYS SHALL HAVE ELAPSED SINCE THE DATE THE SELLER
OR TRANSFEROR CONTACTED THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM (NICS) OR ITS SUCCESSOR TO INITIATE A NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK.
§ 4. Subdivisions 1 and 2 of section 898 of the general business law,
as added by chapter 1 of the laws of 2013, are amended to read as
follows:
1. In addition to any other requirements pursuant to state and federal
law, all sales, exchanges or disposals of firearms, rifles or shotguns
shall be conducted in accordance with this section unless such sale,
exchange or disposal is conducted by a licensed importer, licensed
manufacturer or licensed dealer, as those terms are defined in 18 USC §
922, when such sale, exchange or disposal is conducted pursuant to that
person's federal firearms license or such sale, exchange or disposal is
between members of an immediate family. WHEN A SALE, EXCHANGE OR
DISPOSAL IS CONDUCTED PURSUANT TO A PERSON'S FEDERAL FIREARMS LICENSE,
BEFORE DELIVERING A FIREARM, RIFLE OR SHOTGUN TO ANY PERSON, TEN BUSI-
NESS DAYS SHALL HAVE ELAPSED SINCE THE DATE THE FEDERAL FIREARMS LICEN-
SEE CONTACTED THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
A. 11287 3
(NICS) OR ITS SUCCESSOR TO INITIATE A NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK. For purposes of this section, "immediate family" shall
mean spouses, domestic partners, children and step-children.
2. Before any sale, exchange or disposal pursuant to this article, a
national instant criminal background check must be completed by a dealer
who consents to conduct such check, and upon completion of such back-
ground check, shall complete a document, the form of which shall be
approved by the superintendent of state police, that identifies and
confirms that such check was performed. BEFORE A DEALER WHO CONSENTS TO
CONDUCT A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK DELIVERS A FIREARM,
RIFLE OR SHOTGUN TO ANY PERSON, TEN BUSINESS DAYS SHALL HAVE ELAPSED
SINCE THE DATE THE DEALER CONTACTED THE NATIONAL INSTANT CRIMINAL BACK-
GROUND CHECK SYSTEM (NICS) OR ITS SUCCESSOR TO INITIATE A NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.