|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 13, 2018||referred to finance|
senate Bill S8172
Archive: Last Bill Status - In Senate Committee Finance Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8172 (ACTIVE) - Details
S8172 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8172 SPONSOR: AVELLA TITLE OF BILL: An act to amend the executive law, the general busi- ness law and the penal law, in relation to the point of contact for conducting national instant criminal background checks PURPOSE: To make New York a point of contact state for the National Instant Crim- inal Background Check System. SUMMARY OF PROVISIONS: Section one amends the executive law to add a new section 228 that authorizes and directs the state police to serve as the point of contact for implementation of the National Instant Criminal Background Check System (NICS), and sets forth requirements for implementation including for appeal. Section two amends subdivision 2 of section 898 of the general business law to require gun dealers to contact the state police to conduct a background check.
S8172 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8172 I N S E N A T E April 13, 2018 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, the general business law and the penal law, in relation to the point of contact for conducting national instant criminal background checks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 228 to read as follows: § 228. NATIONAL INSTANT CRIMINAL BACKGROUND CHECKS. THE DIVISION IS HEREBY AUTHORIZED AND DIRECTED TO SERVE AS A STATE POINT OF CONTACT FOR IMPLEMENTATION OF 18 U.S.C. SEC. 922 (T), ALL FEDERAL REGULATIONS AND APPLICABLE GUIDELINES ADOPTED PURSUANT THERETO, AND THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. 1. THE DIVISION SHALL REPORT THE NAME, DATE OF BIRTH AND PHYSICAL DESCRIPTION OF ANY PERSON PROHIBITED FROM POSSESSING A FIREARM PURSUANT TO 18 USC 922(G) OR (N) TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM INDEX, DENIED PERSONS FILES. 2. THE SUPERINTENDENT SHALL PROMULGATE A PLAN TO COORDINATE BACKGROUND CHECKS FOR PURCHASES, INCLUDING NICS, IN NEW YORK STATE. SUCH PLAN MAY INCLUDE, BUT IS NOT LIMITED TO, RECRUITING AND TRAINING PERSONNEL, SETTING UP AN INSTANTANEOUS ELECTRONIC DATABASE, AND SELECTING HOURS OF OPERATION. (A) FOLLOWING IMPLEMENTATION OF SUCH PLAN, NO APPLICATION OR RECORD OF SALE SHALL BE COMPLETED FOR THE PURCHASE OR TRANSFER OF A FIREARM BY A LICENSED DEALER WITHOUT FIRST CONTACTING THE DIVISION. (B) UPON ESTABLISHMENT OF SUCH PLAN, THE SUPERINTENDENT SHALL NOTIFY EACH PERSON, FIRM OR CORPORATION HOLDING A PERMIT TO SELL FIREARMS OF THE EXISTENCE AND PURPOSE OF THE SYSTEM AND THE MEANS TO BE USED TO APPLY FOR BACKGROUND CHECKS. 3. ANY APPLICANT SHALL HAVE THIRTY DAYS TO APPEAL THE DENIAL OF A BACKGROUND CHECK, USING A FORM ESTABLISHED BY THE SUPERINTENDENT. THE DIVISION SHALL RESEARCH THE BACKGROUND CHECK AND PROVIDE SUCH APPLICANT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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