senate Bill S5808A

2017-2018 Legislative Session

Enacts the effective background check act of 2018

download bill text pdf

Sponsored By

Current Bill Status - In Senate 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2018 print number 5808a
Jan 31, 2018 amend (t) and recommit to codes
Jan 03, 2018 referred to codes
May 01, 2017 referred to codes

S5808 - Details

See Assembly Version of this Bill:
A9068
Law Section:
Penal Law
Laws Affected:
Add §400.20, amd §§265.17 & 400.00, Pen L

S5808 - 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.

S5808 - Sponsor Memo

S5808 - Bill Text download pdf

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

                                  5808

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 1, 2017
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed 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".
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02944-01-7

S5808A (ACTIVE) - Details

See Assembly Version of this Bill:
A9068
Law Section:
Penal Law
Laws Affected:
Add §400.20, amd §§265.17 & 400.00, Pen L

S5808A (ACTIVE) - 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.

S5808A (ACTIVE) - Sponsor Memo

S5808A (ACTIVE) - Bill Text download pdf

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

                                 5808--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 1, 2017
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02944-03-7

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