assembly Bill A716

2019-2020 Legislative Session

Relates to eliminating the default proceed firearm loophole

download bill text pdf

Sponsored By

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

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2019 referred to codes

Co-Sponsors

A716 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L; amd §§897 & 898, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
A11327

A716 (ACTIVE) - Summary

Relates to eliminating the default proceed firearm loophole by requiring a "proceed" response from the National Instant Criminal Background Check System before a licensee delivers a firearm to any person.

A716 (ACTIVE) - Bill Text download pdf


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

                                   716

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

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

AN  ACT to amend the penal law and the general business law, in relation
  to eliminating the default proceed firearm loophole

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  12  of  section  400.00 of the penal law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  12. Records required of gunsmiths and dealers in firearms. Any  person
licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
approved as to form, except in the city of New York, by the  superinten-
dent of state police. In the record book shall be entered at the time of
every  transaction  involving  a firearm the date, name, age, occupation
and residence of any person from whom a firearm is received or to whom a
firearm is delivered, and the calibre, make, model, manufacturer's  name
and  serial number, or if none, any other distinguishing number or iden-
tification mark on such firearm. Before  delivering  a  firearm  to  any
person, the licensee shall require him to produce either a license valid
under  this  section  to  carry  or possess the same, or proof of lawful
authority as an exempt person pursuant to section 265.20 OF THIS CHAPTER
AND THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM OR ITS SUCCES-
SOR HAVING ISSUED A "PROCEED" RESPONSE TO THE DEALER. A  LICENSEE  SHALL
NOT  DELIVER  A  FIREARM  TO ANY PERSON IF THE NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM OR ITS SUCCESSOR ISSUES A  RESPONSE  OTHER  THAN
"PROCEED"  TO THE LICENSEE.  In addition, before delivering a firearm to
a peace officer, the licensee shall verify that  person's  status  as  a
peace  officer  with  the division of state police. After completing the
foregoing, the licensee shall remove and retain the attached coupon  and
enter  in  the record book the date of such license, number, if any, and
name of the licensing officer, in the case of the holder of a license to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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