assembly Bill A449A

2021-2022 Legislative Session

Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person

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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 10, 2022 print number 449a
Mar 10, 2022 amend and recommit to codes
Jan 05, 2022 referred to codes
Jan 06, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

A449 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§400.00 & 400.20, Pen L; amd §§897 & 898, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11287
2019-2020: A890

A449 - Summary

Establishes a ten business day waiting period from contact of the National Instant Criminal Background Check System (NICS) before a firearm, shotgun or rifle may be delivered to a person.

A449 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    449
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, GALEF, DICKENS, ABINANTI,
   SEAWRIGHT, GOTTFRIED,  L. ROSENTHAL,  ENGLEBRIGHT  --  read  once  and
   referred to the Committee on Codes
 
 AN  ACT to amend the penal law and the general business law, in relation
   to establishing a waiting period before a firearm,  shotgun  or  rifle
   may be delivered to a person
 
   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  129  of  the  laws  of 2019, 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] TEN calendar days have elapsed since the date the licen-
 see contacted [NICS] THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND  CHECK
 SYSTEM  (NICS)  OR ITS SUCCESSOR to initiate a national instant criminal
 background check [and NICS has not notified the licensee that the trans-
 fer of the firearm to such person should be denied]. In addition, before
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

A449A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§400.00 & 400.20, Pen L; amd §§897 & 898, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11287
2019-2020: A890

A449A (ACTIVE) - Summary

Establishes a ten business day waiting period from contact of the National Instant Criminal Background Check System (NICS) before a firearm, shotgun or rifle may be delivered to a person.

A449A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  449--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, GALEF, DICKENS, ABINANTI,
   SEAWRIGHT, GOTTFRIED, L. ROSENTHAL, ENGLEBRIGHT, ZINERMAN -- read once
   and referred to the Committee on Codes -- recommitted to the Committee
   on Codes in accordance with Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the penal law and the general business law, in relation
   to establishing a waiting period before a firearm,  shotgun  or  rifle
   may be delivered to a person
 
   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  129  of  the  laws  of 2019, 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] TEN BUSINESS days have elapsed since the date
 the licensee contacted [NICS] THE NATIONAL INSTANT  CRIMINAL  BACKGROUND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.