senate Bill S8172

2017-2018 Legislative Session

Relates to the point of contact for conducting national instant criminal background checks

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance 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
Apr 13, 2018 referred to finance

S8172 (ACTIVE) - Details

See Assembly Version of this Bill:
A10045
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §228, Exec L; amd §§896 & 898, Gen Bus L; amd §400.03, add §400.06, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A4380

S8172 (ACTIVE) - Summary

Relates to the point of contact for conducting national instant criminal background checks; authorizes and directs the division of state police to serve as the point of contact for implementation of 18 U.S.C. sec. 922(t).

S8172 (ACTIVE) - Sponsor Memo

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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