assembly Bill A9068

2017-2018 Legislative Session

Enacts the effective background check act of 2018

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 18, 2018 referred to codes

Co-Sponsors

A9068 - Details

See Senate Version of this Bill:
S5808A
Law Section:
Penal Law
Laws Affected:
Add §400.20, amd §§265.17 & 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 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.

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.

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