[ ] is old law to be omitted.
LBD01985-01-1
A. 837 2
guns, 13,188 or 24.9% were long guns. Outside New York City, long guns
are sold without a permit. The 2016 AG Report further found that 90% of
the crime guns recovered were recovered in seven distinct markets: New
York City, the lower Hudson Valley (including the cities of Yonkers,
White Plains, Newburgh and Poughkeepsie), the Capital Region (including
Albany, Troy and Schenectady), Syracuse, Rochester and Buffalo. 74% of
the crime guns recovered were from out of state. Yet a significant
portion of guns involved in crimes upstate originate within the state.
For example, according to the 2016 AG Report, 41% of crime guns in the
Buffalo area and 56% of crime guns in the Rochester area originated
within New York state.
3. Youth are particularly at risk of being killed with guns. Accord-
ing to the Centers for Disease Control and Prevention, in 2010 alone,
116 children and teens (under the age of 19) died from gun violence in
New York state.
4. A substantial portion of illegal firearms are diverted to the ille-
gal market through licensed gun dealers. Rogue gun dealers play a key
role in this market. These rogue dealers funnel guns to the illegal
market through a variety of channels. One of the most common means is to
allow "straw purchases". A straw purchase occurs when a person purchases
a gun on behalf of a prohibited person. In 2000, the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF) conducted an investigation of
gun trafficking from July 1996 to December 1998 and found that almost
26,000 trafficked firearms were associated with investigations in which
there was a straw purchaser. Almost 50% of all trafficking investi-
gations involved straw purchasers, with an average of 37 firearms traf-
ficked per investigation. Another issue, according to a 2008 report by
Mayors Against Illegal Guns, Inside Straw Purchasing: How Criminals Get
Guns Illegally, is that many traffickers return to the same store again
and again once they have identified it as one in which they can make
straw purchases easily. According to the ATF, 1% of gun dealers are the
source of almost 60% of crime guns.
5. Although most gun dealers operate their businesses legally and
responsibly, some gun dealers who are corrupt or maintain shoddy record-
keeping practices flood the streets with illegal weapons as a result of
their unrestricted access to new gun inventory and the unwillingness of
gun manufacturers to terminate their supply to these rogue dealers.
Current federal and state regulation has not curbed the business prac-
tice of illegal gun dealers. According to a 2004 study by Americans for
Gun Safety, of the 120 worst gun dealers in the country, namely those
dealers with an average of 500 crime guns traced to them, 96 were still
in operation.
6. Moreover, this problem is not limited to unlicensed sellers, and
clearly includes federal firearms licensees (FFLs). Indeed, although
FFLs were involved in under 10% of the trafficking investigations under-
taken by ATF, they were associated with the largest number of diverted
firearms--over 40,000 guns, which is nearly half of the total number of
trafficked firearms documented during the two-year period of the ATF's
investigation. Additionally, a 2010 report by Mayors Against Illegal
Guns indicated that several states which allow state authorities to
supplement the federal ATF inspection with routine inspections provide
law enforcement with more opportunities to uncover dealers in violation
of the law. These inspections also help identify dealers who exercise
lax oversight over their inventory and may lead to improved compliance
with federal, state, and local laws.
A. 837 3
7. Current state law governing firearm dealers is inadequate to
prevent the diversion of firearms to the illegal marketplace. Addi-
tional protections that are needed include, but are not limited to,
better gun dealer internal compliance procedures, programs to eliminate
straw purchases, improved security measures, reducing youth access, and
mandatory training for gun dealer employees. The additional protections
set forth in this act will greatly enhance the state's efforts to reduce
criminal activity in the state.
§ 2. The general business law is amended by adding a new article 39-BB
to read as follows:
ARTICLE 39-BB
PREVENTING THE SALE OF FIREARMS,
RIFLES, AND SHOTGUNS TO CRIMINALS
SECTION 875-A. DEFINITIONS.
875-B. REASONABLE MEASURES TO PREVENT SALES AND
TRANSFERS TO CRIMINALS.
875-C. SECURITY.
875-D. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS.
875-E. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES.
875-F. EMPLOYEE TRAINING.
875-G. MAINTENANCE OF RECORDS.
875-H. INTERNAL COMPLIANCE AND CERTIFICATION.
875-I. RULES AND REGULATIONS.
875-J. VIOLATIONS.
§ 875-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "DEALER" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPORATION, OR
COMPANY WHO ENGAGES IN THE BUSINESS OF PURCHASING, SELLING, KEEPING FOR
SALE, LENDING, LEASING, OR IN ANY MANNER DISPOSING OF, ANY FIREARM,
RIFLE, OR SHOTGUN.
2. "DISPOSE OF" MEANS TO DISPOSE OF, GIVE, GIVE AWAY, LEASE, LEND,
KEEP FOR SALE, OFFER, OFFER FOR SALE, SELL, TRANSFER, OR OTHERWISE
DISPOSE OF.
3. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
4. "FIREARM EXHIBITOR" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPO-
RATION, OR COMPANY THAT EXHIBITS, SELLS, OFFERS FOR SALE, TRANSFERS, OR
EXCHANGES FIREARMS, RIFLES, OR SHOTGUNS AT A GUN SHOW.
5. "RETAIL DEALER" MEANS ANY DEALER ENGAGED IN THE RETAIL BUSINESS OF
SELLING FIREARMS, RIFLES, OR SHOTGUNS.
6. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
7. "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
8. "STRAW PURCHASE" MEANS THE PURCHASE, OR ATTEMPT TO PURCHASE, BY A
PERSON OF A FIREARM, RIFLE, SHOTGUN OR AMMUNITION FOR, ON BEHALF OF, OR
FOR THE USE OF ANOTHER PERSON, KNOWING THAT IT WOULD BE UNLAWFUL FOR
SUCH OTHER PERSON TO POSSESS SUCH FIREARM, RIFLE, SHOTGUN OR AMMUNITION,
OR AN ATTEMPT TO MAKE SUCH A PURCHASE.
9. "STRAW PURCHASER" MEANS A PERSON WHO, KNOWING THAT IT WOULD BE
UNLAWFUL FOR ANOTHER PERSON TO POSSESS A FIREARM, RIFLE, SHOTGUN OR
AMMUNITION, PURCHASES OR ATTEMPTS TO PURCHASE A FIREARM, RIFLE, SHOTGUN
OR AMMUNITION FOR, ON BEHALF OF, OR FOR THE USE OF SUCH OTHER PERSON.
10. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
§ 875-B. REASONABLE MEASURES TO PREVENT SALES AND TRANSFERS TO CRIMI-
NALS. EVERY DEALER SHALL ADOPT REASONABLE MEASURES TO PREVENT FIREARMS,
RIFLES, AND SHOTGUNS FROM BEING DIVERTED FROM THE LEGAL STREAM OF
A. 837 4
COMMERCE, INTENTIONALLY OR OTHERWISE, FOR LATER SALE, TRANSFER, OR
DISPOSAL TO INDIVIDUALS NOT LEGALLY ENTITLED TO PURCHASE OR POSSESS SUCH
WEAPONS. SUCH MEASURES SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,
PROGRAMS TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE THWART
ILLEGAL GUN TRAFFICKING. THE SUPERINTENDENT SHALL DEVELOP PROGRAMS
DESIGNED TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE THWART
ILLEGAL GUN TRAFFICKING. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
ARTICLE, THE SUPERINTENDENT SHALL SUBMIT A REPORT TO THE LEGISLATURE
DETAILING SUCH PROGRAMS, INCLUDING ESTABLISHING MINIMUM REQUIREMENTS FOR
SUCH PROGRAMS.
§ 875-C. SECURITY. 1. EVERY DEALER SHALL IMPLEMENT A SECURITY PLAN
FOR SECURING FIREARMS, RIFLES AND SHOTGUNS, INCLUDING FIREARMS, RIFLES
AND SHOTGUNS IN SHIPMENT. THE PLAN MUST SATISFY AT LEAST THE FOLLOWING
REQUIREMENTS:
(A) DISPLAY CASES SHALL BE LOCKED AT ALL TIMES EXCEPT WHEN REMOVING A
SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW A CUSTOMER, AND CUSTOMERS SHALL
HANDLE FIREARMS, RIFLES OR SHOTGUNS ONLY UNDER THE DIRECT SUPERVISION OF
AN EMPLOYEE;
(B) ALL FIREARMS, RIFLES AND SHOTGUNS SHALL BE SECURED, OTHER THAN
DURING BUSINESS HOURS, IN A LOCKED FIREPROOF SAFE OR VAULT IN THE
LICENSEE'S BUSINESS PREMISES OR IN A SIMILAR SECURED AND LOCKED AREA;
AND
(C) AMMUNITION SHALL BE STORED SEPARATELY FROM THE FIREARMS, RIFLES
AND SHOTGUNS AND OUT OF REACH OF THE CUSTOMERS.
2. (A) THE PERMITTED BUSINESS LOCATION SHALL BE SECURED BY AN ALARM
SYSTEM THAT IS INSTALLED AND MAINTAINED BY AN ALARM COMPANY OPERATOR
PROPERLY LICENSED PURSUANT TO STATE LAW. THE ALARM SYSTEM MUST BE MONI-
TORED BY A CENTRAL STATION LISTED BY UNDERWRITERS LABORATORIES, INC.,
AND COVERED BY AN ACTIVE UNDERWRITERS LABORATORIES, INC. ALARM SYSTEM
CERTIFICATE WITH A #3 EXTENT OF PROTECTION.
(B) UNDERWRITERS LABORATORIES, INC. USES THE TERM "EXTENT OF
PROTECTION" TO REFER TO THE AMOUNT OF ALARM PROTECTION INSTALLED TO
PROTECT A PARTICULAR AREA, ROOM OR CONTAINER. SYSTEMS WITH A #3 EXTENT
OF PROTECTION INCLUDE COMPLETE PROTECTION FOR ALL ACCESSIBLE OPENINGS,
AND PARTIAL MOTION AND SOUND DETECTION AT CERTAIN OTHER AREAS OF THE
PREMISES. MORE INFORMATION MAY BE FOUND IN: CENTRAL STATION ALARM ASSO-
CIATION, A PRACTICAL GUIDE TO CENTRAL STATION BURGLAR ALARM SYSTEMS (3RD
ED. 2005).
§ 875-D. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS. EVERY RETAIL DEALER
SHALL EXCLUDE ALL PERSONS UNDER EIGHTEEN YEARS OF AGE FROM THOSE
PORTIONS OF ITS PREMISES WHERE FIREARMS, RIFLES, SHOTGUNS, OR AMMUNITION
ARE STOCKED OR SOLD, UNLESS SUCH PERSON IS ACCOMPANIED BY A PARENT OR
GUARDIAN.
§ 875-E. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES. EVERY DEALER
SHALL SELL OR OTHERWISE DISPOSE OF FIREARMS, RIFLES, AND SHOTGUNS ONLY
AT THE LOCATION LISTED ON THE DEALER'S FEDERAL FIREARMS LICENSE OR AT
GUN SHOWS.
§ 875-F. EMPLOYEE TRAINING. EVERY RETAIL DEALER SHALL PROVIDE TRAINING
TO ALL EMPLOYEES AND OTHER PERSONNEL ENGAGED IN THE RETAIL SALE OF
FIREARMS, RIFLES, AND SHOTGUNS RELATING TO:
1. THE LAW GOVERNING FIREARM, RIFLE, AND SHOTGUN TRANSFERS BY FEDERAL
FIREARMS LICENSEES AND INDIVIDUALS;
2. HOW TO RECOGNIZE STRAW PURCHASES AND OTHER ATTEMPTS TO PURCHASE
FIREARMS, RIFLES, SHOTGUNS OR AMMUNITION ILLEGALLY; AND
A. 837 5
3. HOW TO TEACH CONSUMERS RULES OF GUN SAFETY, INCLUDING BUT NOT
LIMITED TO THE SAFE HANDLING AND STORAGE OF FIREARMS, RIFLES, AND SHOT-
GUNS.
NO EMPLOYEE OR AGENT OF ANY RETAIL DEALER SHALL PARTICIPATE IN THE
SALE OR DISPOSITION OF FIREARMS, RIFLES, OR SHOTGUNS UNLESS SUCH PERSON
IS AT LEAST TWENTY-ONE YEARS OF AGE AND HAS FIRST RECEIVED THE TRAINING
REQUIRED BY THIS SECTION. THE SUPERINTENDENT SHALL PROMULGATE REGU-
LATIONS SETTING FORTH MINIMUM REQUIREMENTS FOR THE MAINTENANCE OF
RECORDS OF SUCH TRAINING.
§ 875-G. MAINTENANCE OF RECORDS. EVERY DEALER SHALL ESTABLISH AND
MAINTAIN SUCH PURCHASE, SALE, INVENTORY, AND OTHER RECORDS AT THE DEAL-
ER'S PLACE OF BUSINESS IN SUCH FORM AND FOR SUCH PERIOD AS THE SUPER-
INTENDENT SHALL REQUIRE, AND SHALL SUBMIT SUCH RECORDS TO THE NEW YORK
STATE POLICE EVERY APRIL AND OCTOBER. SUCH RECORDS SHALL AT A MINIMUM
INCLUDE THE FOLLOWING:
1. EVERY DEALER SHALL RECORD THE MAKE, MODEL, CALIBER OR GAUGE, AND
SERIAL NUMBER OF ALL RIFLES AND SHOTGUNS THAT ARE ACQUIRED OR DISPOSED
OF NOT LATER THAN ONE BUSINESS DAY AFTER THEIR ACQUISITION OR DISPOSI-
TION. MONTHLY BACKUPS OF THESE RECORDS SHALL BE MAINTAINED IN A SECURE
CONTAINER DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISHAP;
2. ALL RIFLES AND SHOTGUNS ACQUIRED BUT NOT YET DISPOSED OF MUST BE
ACCOUNTED FOR THROUGH AN INVENTORY CHECK PREPARED ONCE EACH MONTH AND
MAINTAINED IN A SECURE LOCATION;
3. RIFLE AND SHOTGUN SALES INFORMATION, INCLUDING THE SERIAL NUMBERS
OF RIFLES AND SHOTGUNS SOLD, DATES OF SALE, AND IDENTITY OF PURCHASERS,
SHALL BE MAINTAINED AND MADE AVAILABLE TO GOVERNMENT LAW ENFORCEMENT
AGENCIES AND TO THE MANUFACTURER OF THE WEAPON OR ITS DESIGNEE; AND
4. EVERY DEALER SHALL MAINTAIN RECORDS OF CRIMINAL RIFLE AND SHOTGUN
TRACES INITIATED BY THE FEDERAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES ("ATF"). ALL ATF FORM 4473 TRANSACTION RECORDS SHALL BE
RETAINED ON THE DEALER'S BUSINESS PREMISES IN A SECURE CONTAINER
DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISHAP.
§ 875-H. INTERNAL COMPLIANCE AND CERTIFICATION. 1. EVERY DEALER SHALL:
(A) IMPLEMENT AND MAINTAIN SUFFICIENT INTERNAL COMPLIANCE PROCEDURES
TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE AND ALL
APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS GOVERNING THE
SALE, TRANSFER, AND DISPOSAL OF FIREARMS, RIFLES, AND SHOTGUNS; AND
(B) ANNUALLY CERTIFY TO THE SUPERINTENDENT THAT SUCH DEALER HAS
COMPLIED WITH ALL OF THE REQUIREMENTS OF THIS ARTICLE. THE SUPERINTEN-
DENT SHALL BY REGULATION DETERMINE THE FORM AND CONTENT OF SUCH ANNUAL
CERTIFICATION.
2. THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS ESTABLISHING PERI-
ODIC INSPECTIONS, DURING REGULAR AND USUAL BUSINESS HOURS, BY THE DIVI-
SION OF STATE POLICE OF THE PREMISES OF EVERY DEALER TO DETERMINE
COMPLIANCE BY SUCH DEALER WITH THE REQUIREMENTS OF THIS ARTICLE. EVERY
DEALER SHALL PROVIDE THE DIVISION OF STATE POLICE WITH FULL ACCESS TO
SUCH DEALER'S PREMISES FOR SUCH INSPECTIONS.
§ 875-I. RULES AND REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE SUCH
ADDITIONAL RULES AND REGULATIONS AS THE SUPERINTENDENT SHALL DEEM NECES-
SARY TO PREVENT FIREARMS, RIFLES, AND SHOTGUNS FROM BEING DIVERTED FROM
THE LEGAL STREAM OF COMMERCE.
§ 875-J. VIOLATIONS. ANY PERSON, FIRM, OR CORPORATION WHO KNOWINGLY
VIOLATES ANY PROVISION OF THIS ARTICLE SHALL BE GUILTY OF A CLASS A
MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN THE PENAL LAW.
A. 837 6
§ 3. Subdivision 1 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
the laws of 2018, is amended to read as follows:
1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then only after investi-
gation and finding that all statements in a proper application for a
license are true. No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however, that
where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense or who is not the subject of
an outstanding warrant of arrest issued upon the alleged commission of a
felony or serious offense; (d) who is not a fugitive from justice; (e)
who is not an unlawful user of or addicted to any controlled substance
as defined in section 21 U.S.C. 802; (f) who being an alien (i) is not
illegally or unlawfully in the United States or (ii) has not been admit-
ted to the United States under a nonimmigrant visa subject to the excep-
tion in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the
Armed Forces under dishonorable conditions; (h) who, having been a citi-
zen of the United States, has not renounced his or her citizenship; (i)
who has stated whether he or she has ever suffered any mental illness;
(j) who has not been involuntarily committed to a facility under the
jurisdiction of an office of the department of mental hygiene pursuant
to article nine or fifteen of the mental hygiene law, article seven
hundred thirty or section 330.20 of the criminal procedure law, section
four hundred two or five hundred eight of the correction law, section
322.2 or 353.4 of the family court act, or has not been civilly confined
in a secure treatment facility pursuant to article ten of the mental
hygiene law; (k) who has not had a license revoked or who is not under a
suspension or ineligibility order issued pursuant to the provisions of
section 530.14 of the criminal procedure law or section eight hundred
forty-two-a of the family court act; (l) in the county of Westchester,
who has successfully completed a firearms safety course and test as
evidenced by a certificate of completion issued in his or her name and
endorsed and affirmed under the penalties of perjury by a duly author-
ized instructor, except that: (i) persons who are honorably discharged
from the United States army, navy, marine corps or coast guard, or of
the national guard of the state of New York, and produce evidence of
official qualification in firearms during the term of service are not
required to have completed those hours of a firearms safety course
pertaining to the safe use, carrying, possession, maintenance and stor-
age of a firearm; and (ii) persons who were licensed to possess a pistol
or revolver prior to the effective date of this paragraph are not
required to have completed a firearms safety course and test; (m) who
has not had a guardian appointed for him or her pursuant to any
provision of state law, based on a determination that as a result of
marked subnormal intelligence, mental illness, incapacity, condition or
disease, he or she lacks the mental capacity to contract or manage his
or her own affairs; and (n) concerning whom no good cause exists for the
denial of the license. No person shall engage in the business of
gunsmith or dealer in firearms unless licensed pursuant to this section,
AND NO PERSON SHALL ENGAGE IN THE BUSINESS OF DEALER IN FIREARMS UNLESS
SUCH PERSON COMPLIES WITH THE PROVISIONS OF ARTICLE THIRTY-NINE-BB OF
THE GENERAL BUSINESS LAW. An applicant to engage in such business shall
A. 837 7
also be a citizen of the United States, more than twenty-one years of
age and maintain a place of business in the city or county where the
license is issued. For such business, if the applicant is a firm or
partnership, each member thereof shall comply with all of the require-
ments set forth in this subdivision and if the applicant is a corpo-
ration, each officer thereof shall so comply.
§ 4. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
vision 11 as amended by chapter 1 of the laws of 2013 and subdivision 12
as amended by chapter 129 of the laws of 2019, are amended to read as
follows:
11. License: revocation and suspension. (a) The conviction of a licen-
see anywhere of a felony or serious offense or a licensee at any time
becoming ineligible to obtain a license under this section shall operate
as a revocation of the license. A license may be revoked or suspended as
provided for in section 530.14 of the criminal procedure law or section
eight hundred forty-two-a of the family court act. Except for a license
issued pursuant to section 400.01 of this article, a license may be
revoked and cancelled at any time in the city of New York, and in the
counties of Nassau and Suffolk, by the licensing officer, and elsewhere
than in the city of New York by any judge or justice of a court of
record; a license issued pursuant to section 400.01 of this article may
be revoked and cancelled at any time by the licensing officer or any
judge or justice of a court of record. A LICENSE TO ENGAGE IN THE BUSI-
NESS OF DEALER MAY BE REVOKED OR SUSPENDED FOR ANY VIOLATION OF THE
PROVISIONS OF ARTICLE THIRTY-NINE-BB OF THE GENERAL BUSINESS LAW. The
official revoking a license shall give written notice thereof without
unnecessary delay to the executive department, division of state police,
Albany, and shall also notify immediately the duly constituted police
authorities of the locality.
(b) Whenever the director of community services or his or her designee
makes a report pursuant to section 9.46 of the mental hygiene law, the
division of criminal justice services shall convey such information,
whenever it determines that the person named in the report possesses a
license issued pursuant to this section, to the appropriate licensing
official, who shall issue an order suspending or revoking such license.
(c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing official and
any and all firearms, rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency as
provided in subparagraph (f) of paragraph one of subdivision a of
section 265.20 of this chapter. In the event such license, firearm,
shotgun, or rifle is not surrendered, such items shall be removed and
declared a nuisance and any police officer or peace officer acting
pursuant to his or her special duties is authorized to remove any and
all such weapons.
12. Records required of gunsmiths and dealers in firearms. [Any] IN
ADDITION TO THE REQUIREMENTS SET FORTH IN ARTICLE THIRTY-NINE-BB OF THE
GENERAL BUSINESS LAW, 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 superintendent 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 identification mark on such firearm.
A. 837 8
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, number, if any, and name of the licensing
officer, in the case of the holder of a license to carry or possess, or
the shield or other number, if any, assignment and department, unit or
agency, in the case of an exempt person. The original transaction report
shall be forwarded to the division of state police within ten days of
delivering a firearm to any person, and a duplicate copy shall be kept
by the licensee. The superintendent of state police may designate that
such record shall be completed and transmitted in electronic form. A
dealer may be granted a waiver from transmitting such records in elec-
tronic form if the superintendent determines that such dealer is incapa-
ble of such transmission due to technological limitations that are not
reasonably within the control of the dealer, or other exceptional
circumstances demonstrated by the dealer, pursuant to a process estab-
lished in regulation, and at the discretion of the superintendent.
Records assembled or collected for purposes of inclusion in the database
created pursuant to section 400.02 of this article shall not be subject
to disclosure pursuant to article six of the public officers law. The
record book shall be maintained on the premises mentioned and described
in the license and shall be open at all reasonable hours for inspection
by any peace officer, acting pursuant to his special duties, or police
officer. In the event of cancellation or revocation of the license for
gunsmith or dealer in firearms, or discontinuance of business by a
licensee, such record book shall be immediately surrendered to the
licensing officer in the city of New York, and in the counties of Nassau
and Suffolk, and elsewhere in the state to the executive department,
division of state police.
§ 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation for the implementation of section two
of this act on its effective date are authorized to be made on or before
such effective date.