Assembly Bill A3438

2017-2018 Legislative Session

Enacts the effective background check act of 2017

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A3438 (ACTIVE) - Details

See Senate Version of this Bill:
S5808
Law Section:
Penal Law
Laws Affected:
Add §400.20, amd §§265.17 & 400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7994
2019-2020: A2441

2017-A3438 (ACTIVE) - Summary

Implements the effective background check act of 2017; requires licensed firearms businesses to report the crime of criminal purchase of a weapon; requires background checks for employees who would be authorized to possess or transfer firearms.

2017-A3438 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3438
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by M. of A. KAVANAGH, ORTIZ, MOSLEY, ARROYO, PAULIN, WEPRIN,
   PICHARDO, STECK -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  enacting  the  effective
   background  check  act  of 2017, in relation to establishing a ten day
   period for background checks for the purchase of a firearm, rifle,  or
   shotgun,  and  in relation to requiring gunsmiths or licensed firearms
   businesses to report the crime of criminal purchase of  a  weapon  and
   requiring  background  checks for employees who would be authorized to
   possess or transfer firearms, rifles, or shotguns
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "effective
 background check act of 2017".
   § 2. The penal law is amended by adding a new section 400.20  to  read
 as follows:
 § 400.20 TIME  PERIOD  FOR  A BACKGROUND CHECK FOR SALE OR TRANSFER OF A
            FIREARM, RIFLE, OR SHOTGUN.
   1. WHENEVER FEDERAL OR STATE LAW REQUIRES THAT A BACKGROUND  CHECK  BE
 CONDUCTED  THROUGH THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
 IN ACCORDANCE WITH THE PROVISIONS OF 18 U.S.C.  922(T)  BEFORE  SALE  OR
 TRANSFER  OF A FIREARM, RIFLE, OR SHOTGUN, NO PERSON SHALL COMPLETE SUCH
 SALE OR TRANSFER UNLESS:
   A. THE SYSTEM PROVIDES A UNIQUE IDENTIFICATION NUMBER PURSUANT  TO  18
 U.S.C.  922(T)(1)(B)(I),  INDICATING THAT THERE IS NO INFORMATION IN THE
 SYSTEM THAT WOULD DISQUALIFY THE APPLICANT FROM RECEIVING OR  POSSESSING
 A FIREARM, RIFLE, OR SHOTGUN; OR
   B.  TEN  BUSINESS DAYS, AS DEFINED IN 18 U.S.C. 922(T)(1)(B)(II), HAVE
 ELAPSED FROM THE DATE SUCH BACKGROUND CHECK WAS INITIATED BY  CONTACTING
 THE  SYSTEM,  AND  THE  SYSTEM  HAS  NOT INDICATED THAT THE APPLICANT IS
 DISQUALIFIED FROM RECEIVING OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02944-01-7
              

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