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

Current Bill Status - In Senate Committee Finance 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 14, 2019 referred to finance

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 2017-2018 Legislative Session:
A10045

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.

S3771 (ACTIVE) - Sponsor Memo

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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