assembly Bill A4380

2019-2020 Legislative Session

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

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
Feb 04, 2019 referred to governmental operations

A4380 (ACTIVE) - Details

See Senate Version of this Bill:
S3771
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 2017-2018 Legislative Session:
A10045

A4380 (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.

A4380 (ACTIVE) - Bill Text download pdf


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

                                  4380

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2019
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Governmental Operations

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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