senate Bill S1414

2017-2018 Legislative Session

Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jan 09, 2017 referred to codes

Co-Sponsors

S1414 (ACTIVE) - Details

See Assembly Version of this Bill:
A2406
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, add §400.20, Pen L; amd §§897 & 898, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7596, A9433
2019-2020: S2374, A2690

S1414 (ACTIVE) - Summary

Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person; requires either the National Instant Criminal Background Check System (NICS) or its successor has issued a "proceed" response to the licensee, or ten business days have elapsed since the date the licensee, seller, transferor or dealer contacted NICS to initiate a national instant criminal background check and NICS has not notified the licensee, seller, transferor or dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.

S1414 (ACTIVE) - Sponsor Memo

S1414 (ACTIVE) - Bill Text download pdf


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

                                  1414

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 9, 2017
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed 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
attached coupon and enter in the record book the date of  such  license,

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

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