assembly Bill A2441

2019-2020 Legislative Session

Implements the effective background check act of 2019; requires background checks for employees who would be authorized to possess or transfer firearms

download bill text pdf

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Current Bill Status - In Assembly 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
Jan 22, 2019 referred to codes

A2441 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7994
2017-2018: A3438, A9068

A2441 (ACTIVE) - Summary

Implements the effective background check act of 2018; requires background checks for employees who would be authorized to possess or transfer firearms.

A2441 (ACTIVE) - Bill Text download pdf


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

                                  2441

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced  by  M. of A. FAHY -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation  to  enacting  the  effective
  background  check  act  of  2019,  in relation to 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 2019".
  § 2. Section 400.00 of the penal law is amended by adding a new subdi-
vision 12-b to read as follows:
  12-B.  EMPLOYEES OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOT-
GUNS. (A) NO PERSON SHALL  BE  EMPLOYED  BY  A  GUNSMITH  OR  DEALER  IN
FIREARMS, RIFLES, OR SHOTGUNS FOR DUTIES THAT INCLUDE HANDLING, SELLING,
OR  OTHERWISE DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, IF SUCH PERSON
IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS, RIFLES, OR SHOTGUNS
UNDER FEDERAL LAW OR IF SUCH PERSON  IS  PROHIBITED  FROM  RECEIVING  OR
POSSESSING  FIREARMS, RIFLES, OR SHOTGUNS UNDER LOCAL, STATE, OR FEDERAL
LAW OR IF SUCH PERSON WOULD BE  INELIGIBLE  FOR  A  LICENSE  UNDER  THIS
SECTION.
  (B)  NO  GUNSMITH  OR  DEALER  IN  FIREARMS, RIFLES, OR SHOTGUNS SHALL
EMPLOY A PERSON WHOSE DUTIES INCLUDE  HANDLING,  SELLING,  OR  OTHERWISE
DISPOSING  OF  FIREARMS, RIFLES, OR SHOTGUNS, UNLESS: (I) SUCH PERSON IS
TWENTY-ONE YEARS OF AGE OR OLDER AND HAS BEEN ISSUED AN  EMPLOYEE  BACK-
GROUND CHECK CERTIFICATE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES;
OR  (II)  SUCH  PERSON HAS OBTAINED AND POSSESSES A VALID LICENSE ISSUED
UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS  ARTICLE;
OR (III) SUCH PERSON IS A POLICE OFFICER AS DEFINED IN SUBDIVISION THIR-
TY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
  (C)  APPLICATIONS  FOR EMPLOYEE BACKGROUND CHECK CERTIFICATES SHALL BE
SUBMITTED BY THE APPLICANT'S PROSPECTIVE EMPLOYER  TO  THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES IN A FORM APPROVED BY SUCH DIVISION. APPLICA-
TIONS MUST CONTAIN, AT A MINIMUM, THE INFORMATION REQUIRED TO CONDUCT  A

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