S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   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.