assembly Bill A11327

2017-2018 Legislative Session

Relates to eliminating the default proceed firearm loophole

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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
Sep 19, 2018 referred to codes

A11327 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L; amd §§897 & 898, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A716

A11327 (ACTIVE) - Summary

Relates to eliminating the default proceed firearm loophole by requiring a "proceed" response from the National Instant Criminal Background Check System before a licensee delivers a firearm to any person.

A11327 (ACTIVE) - Bill Text download pdf


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

                                  11327

                          I N  A S S E M B L Y

                           September 19, 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 eliminating the default proceed firearm loophole

  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 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM OR ITS SUCCES-
SOR  HAVING  ISSUED A "PROCEED" RESPONSE TO THE DEALER. A LICENSEE SHALL
NOT DELIVER A FIREARM TO ANY PERSON IF  THE  NATIONAL  INSTANT  CRIMINAL
BACKGROUND  CHECK  SYSTEM  OR ITS SUCCESSOR ISSUES A RESPONSE OTHER THAN
"PROCEED" TO THE LICENSEE.  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 agency,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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