Assembly Bill A1738

2019-2020 Legislative Session

Relates to establishing a database of denied firearms applications, establishing a victim notification system and exemptions to the freedom of information law

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A1738 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §§896 & 898, Gen Bus L; add §400.04, amd §400.02, Pen L; add §§233, 234 & 235, Exec L; add §89-a, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9055
2021-2022: A4928

2019-A1738 (ACTIVE) - Summary

Relates to establishing a database of denied firearms purchase and transfer applications, establishing a victim notification system and exemptions from public inspection and copying under the freedom of information law.

2019-A1738 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1738
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the general business law, the penal law and the execu-
   tive law in relation to denial of applications to purchase or transfer
   firearms; to amend the executive law in relation  to  notification  of
   victims  of  certain  crimes;  and to amend the public officers law in
   relation to exemptions from public inspection and  copying  under  the
   freedom of information law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 896 of the general business law is
 amended by adding a new paragraph (d) to read as follows:
   (D) (I) A FIREARM DEALER LICENSED UNDER FEDERAL LAW  SHALL  REPORT  TO
 THE  DIVISION  OF  STATE  POLICE INFORMATION ON EACH INSTANCE WHERE SUCH
 DEALER DENIES AN APPLICATION FOR THE PURCHASE OR TRANSFER OF  A  FIREARM
 AS  THE  RESULT OF A BACKGROUND CHECK OR COMPLETED AND SUBMITTED FIREARM
 PURCHASE OR TRANSFER APPLICATION THAT INDICATES THE APPLICANT IS  INELI-
 GIBLE TO POSSESS A FIREARM UNDER STATE OR FEDERAL LAW. SUCH DEALER SHALL
 REPORT  THE  DENIED  APPLICATION  INFORMATION  TO  THE DIVISION OF STATE
 POLICE WITHIN FIVE DAYS OF THE DENIAL IN A FORMAT AS PRESCRIBED  BY  THE
 SUPERINTENDENT  OF  STATE POLICE. SUCH REPORTED INFORMATION MUST INCLUDE
 THE IDENTIFYING INFORMATION OF THE APPLICANT, THE DATE OF  THE  APPLICA-
 TION  AND DENIAL OF SUCH APPLICATION, AND OTHER INFORMATION OR DOCUMENTS
 AS PRESCRIBED BY THE SUPERINTENDENT OF STATE POLICE. IN ANY  CASE  WHERE
 THE PURCHASE OR TRANSFER OF A FIREARM IS INITIALLY DENIED BY SUCH DEALER
 AS  THE  RESULT  OF  A  BACKGROUND CHECK THAT INDICATES THE APPLICANT IS
 INELIGIBLE TO POSSESS A FIREARM, BUT THE PURCHASE OR TRANSFER IS  SUBSE-
 QUENTLY  APPROVED,  SUCH  DEALER SHALL REPORT THE SUBSEQUENT APPROVAL TO
 THE DIVISION OF STATE POLICE WITHIN ONE DAY OF THE APPROVAL.
   (II) UPON DENYING AN APPLICATION FOR THE PURCHASE  OR  TRANSFER  OF  A
 FIREARM  AS  A  RESULT  OF A BACKGROUND CHECK OR COMPLETED AND SUBMITTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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