Senate Bill S3771

2019-2020 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 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-S3771 (ACTIVE) - Details

See Assembly Version of this Bill:
A4380
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; add §99-ff, St Fin L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10045
2021-2022: S2844, A930

2019-S3771 (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); establishes the background check fund.

2019-S3771 (ACTIVE) - Sponsor Memo

2019-S3771 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3771
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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;  and to amend the state finance
   law, in relation to the creation of the background check fund
 
   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 BACK-
 GROUND CHECKS FOR FIREARM  PURCHASES AND ANY PERSON, FIRM OR CORPORATION
 THAT SELLS, DELIVERS OR OTHERWISE TRANSFERS ANY  FIREARM  SHALL  CONTACT
 THE  STATE  POLICE IN ORDER TO COMPLETE THE BACKGROUND CHECKS IN COMPLI-
 ANCE WITH FEDERAL AND STATE LAW, INCLUDING  NICS,  IN  NEW  YORK  STATE.
 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 STATE POLICE. SUCH PLAN
 SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO THE FOLLOWING FEATURES:
   (A) THE SUPERINTENDENT OF THE NEW YORK STATE  POLICE  SHALL  CREATE  A
 CENTRALIZED  BUREAU  WITHIN  THE NEW YORK STATE POLICE DEPARTMENT WITH A
 CONTACT CENTER UNIT THAT HANDLES ALL BACKGROUND  CHECKS AND MAINTAINS AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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