S T A T E O F N E W Y O R K
________________________________________________________________________
2406
2017-2018 Regular Sessions
I N A S S E M B L Y
January 20, 2017
___________
Introduced by M. of A. PAULIN, DINOWITZ, GALEF, GOTTFRIED, MOSLEY,
SIMON, JAFFEE, BLAKE, HOOPER, BUCHWALD, ABINANTI, OTIS, STECK -- 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 EITHER (A) THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE LICENSEE,
OR (B) TEN BUSINESS DAYS HAVE ELAPSED SINCE THE DATE THE LICENSEE
CONTACTED NICS TO INITIATE A NATIONAL INSTATE CRIMINAL BACKGROUND CHECK
AND NICS HAS NOT NOTIFIED THE LICENSEE THAT THE TRANSFER OF THE FIREARM
TO SUCH PERSON SHOULD BE DENIED. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01251-01-7
A. 2406 2
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 duplicate copy shall be kept by the licensee. The super-
intendent 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 electronic form if the super-
intendent determines that such dealer is incapable 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 established 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 pursu-
ant to his special duties, or police officer. In the event of cancella-
tion 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, EITHER (A) NICS HAS ISSUED
A "PROCEED" RESPONSE TO THE SELLER OR TRANSFEROR, OR (B) TEN BUSINESS
DAYS SHALL HAVE ELAPSED SINCE THE DATE THE SELLER OR TRANSFEROR
CONTACTED NICS TO INITIATE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
AND NICS HAS NOT NOTIFIED THE SELLER OR TRANSFEROR THAT THE TRANSFER OF
THE RIFLE OR SHOTGUN TO SUCH PERSON SHOULD BE DENIED.
§ 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, EITHER (A) THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE SELLER OR
TRANSFEROR, OR (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED SINCE THE DATE
THE SELLER OR TRANSFEROR CONTACTED NICS TO INITIATE A NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE SELLER OR
TRANSFEROR THAT THE TRANSFER OF THE FIREARM, RIFLE OR SHOTGUN TO SUCH
PERSON SHOULD BE DENIED.
§ 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:
A. 2406 3
1. In addition to any other requirements pursuant to state and feder-
al law, all sales, exchanges or disposals of firearms, rifles or shot-
guns 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, EITHER (A)
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) OR ITS
SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE FEDERAL FIREARMS LICEN-
SEE, OR (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED SINCE THE DATE THE
FEDERAL FIREARMS LICENSEE CONTACTED NICS TO INITIATE A NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE FEDERAL FIREARMS
LICENSEE THAT THE TRANSFER OF THE FIREARM, RIFLE OR SHOTGUN TO SUCH
PERSON SHOULD BE DENIED. For purposes of this section, "immediate fami-
ly" 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, EITHER (A) NICS ISSUED A "PROCEED"
RESPONSE TO THE DEALER, OR (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED
SINCE THE DATE THE DEALER CONTACTED NICS TO INITIATE A NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE DEALER THAT THE
TRANSFER OF THE FIREARM, RIFLE OR SHOTGUN TO SUCH PERSON SHOULD BE
DENIED.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.