senate Bill S2374

2019-2020 Legislative Session

Establishes an extension of time of up to thirty calendar days for national instant background checks

download bill text pdf

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Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2019 returned to senate
passed assembly
ordered to third reading rules cal.25
substituted for a2690
referred to codes
delivered to assembly
passed senate
Jan 28, 2019 ordered to third reading cal.89
reported and committed to rules
Jan 24, 2019 referred to codes

Votes

view votes

Jan 29, 2019 - Codes committee Vote

S2374
8
4
committee
8
Aye
4
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 29, 2019

aye wr (1)

Jan 28, 2019 - Rules committee Vote

S2374
11
6
committee
11
Aye
6
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S2374 (ACTIVE) - Details

See Assembly Version of this Bill:
A2690
Law Section:
Penal Law
Laws Affected:
Amd §400.00, add §400.20, Pen L; amd §§897 & 898, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7596, A9433
2017-2018: S1414, A2406

S2374 (ACTIVE) - Summary

Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person; requires either the National Instant Criminal Background Check System (NICS) or its successor has issued a "proceed" response to the licensee, or thirty calendar days have elapsed since the date the licensee, seller, transferor or dealer contacted NICS to initiate a national instant criminal background check and NICS has not notified the licensee, seller, transferor or dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.

S2374 (ACTIVE) - Sponsor Memo

S2374 (ACTIVE) - Bill Text download pdf


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

                                  2374

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 24, 2019
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the general business law, in  relation
  to establishing an extension of time of up to thirty calendar days for
  national instant background checks

  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  EITHER  (A)  THE  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE LICENSEE,
OR (B) THIRTY CALENDAR DAYS HAVE ELAPSED SINCE  THE  DATE  THE  LICENSEE
CONTACTED  NICS TO INITIATE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
AND NICS HAS NOT NOTIFIED THE LICENSEE THAT THE TRANSFER OF THE  FIREARM
TO  SUCH  PERSON  SHOULD  BE  DENIED.   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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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