assembly Bill A9068A

2017-2018 Legislative Session

Implements the effective background check act of 2018; requires background checks for employees who would be authorized to possess or transfer firearms

download bill text pdf

Sponsored By

Current 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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2018 reported referred to rules
Jun 15, 2018 print number 9068a
Jun 15, 2018 amend (t) and recommit to codes
Jan 18, 2018 referred to codes

Co-Sponsors

A9068 - Details

Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2017-2018: A3438
2015-2016: A7994

A9068 - Summary

Implements the effective background check act of 2018; requires background checks for employees who would be authorized to possess or transfer firearms.

A9068 - Bill Text download pdf

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

                                  9068

                          I N  A S S E M B L Y

                            January 18, 2018
                               ___________

Introduced  by  M. of A. FAHY -- 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 2018, 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 2018".
  S 2. The penal law is amended by adding a new section 400.20  to  read
as follows:
S 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.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  A  VIOLATION  OF  THIS
SECTION SHALL BE A CLASS A MISDEMEANOR.
  S  3.  Section 265.17 of the penal law, as amended by chapter 1 of the
laws of 2013, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

A9068A (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2017-2018: A3438
2015-2016: A7994

A9068A (ACTIVE) - Summary

Implements the effective background check act of 2018; requires background checks for employees who would be authorized to possess or transfer firearms.

A9068A (ACTIVE) - Bill Text download pdf

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

                                 9068--A

                          I N  A S S E M B L Y

                            January 18, 2018
                               ___________

Introduced  by  M.  of  A.  FAHY,  SIMON, MOSLEY, GLICK -- read once and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, in relation  to  enacting  the  effective
  background  check  act  of  2018,  in relation to 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 2018".
  S 2. Section 400.00 of the penal law is amended by adding a new subdi-
vision 12-b to read as follows:
  12-B.  EMPLOYEES OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOT-
GUNS. (A) NO PERSON SHALL  BE  EMPLOYED  BY  A  GUNSMITH  OR  DEALER  IN
FIREARMS, RIFLES, OR SHOTGUNS FOR DUTIES THAT INCLUDE HANDLING, SELLING,
OR  OTHERWISE DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, IF SUCH PERSON
IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS, RIFLES, OR SHOTGUNS
UNDER FEDERAL LAW OR IF SUCH PERSON  IS  PROHIBITED  FROM  RECEIVING  OR
POSSESSING  FIREARMS, RIFLES, OR SHOTGUNS UNDER LOCAL, STATE, OR FEDERAL
LAW OR IF SUCH PERSON WOULD BE  INELIGIBLE  FOR  A  LICENSE  UNDER  THIS
SECTION.
  (B)  NO  GUNSMITH  OR  DEALER  IN  FIREARMS, RIFLES, OR SHOTGUNS SHALL
EMPLOY A PERSON WHOSE DUTIES INCLUDE  HANDLING,  SELLING,  OR  OTHERWISE
DISPOSING  OF  FIREARMS, RIFLES, OR SHOTGUNS, UNLESS: (I) SUCH PERSON IS
TWENTY-ONE YEARS OF AGE OR OLDER AND HAS BEEN ISSUED AN  EMPLOYEE  BACK-
GROUND CHECK CERTIFICATE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES;
OR  (II)  SUCH  PERSON HAS OBTAINED AND POSSESSES A VALID LICENSE ISSUED
UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS  ARTICLE;
OR (III) SUCH PERSON IS A POLICE OFFICER AS DEFINED IN SUBDIVISION THIR-
TY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
  (C)  APPLICATIONS  FOR EMPLOYEE BACKGROUND CHECK CERTIFICATES SHALL BE
SUBMITTED BY THE APPLICANT'S PROSPECTIVE EMPLOYER  TO  THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES IN A FORM APPROVED BY SUCH DIVISION. APPLICA-
TIONS MUST CONTAIN, AT A MINIMUM, THE INFORMATION REQUIRED TO CONDUCT  A
BACKGROUND  CHECK  IN  THE  NATIONAL  INSTANT  CRIMINAL BACKGROUND CHECK

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