NY State Senate Bill S1235

Current Bill Status - Passed Senate

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

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2021	referred to codes delivered to assembly passed senate
Jun 01, 2021	ordered to third reading cal.1368 committee discharged and committed to rules
Jan 08, 2021	referred to codes

Votes

Co-Sponsors

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S1235 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add Art 38-B §§825 - 828, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7835
2013-2014: S571
2015-2016: S2441
2017-2018: S3041
2019-2020: S1831

S1235 (ACTIVE) - Summary

Establishes a 10 day waiting period for the purchase of any firearm; violations of such provisions shall constitute a class A misdemeanor.

S1235 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1235          REVISED 06/01/2021

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the general business law, in relation to establishing a
waiting period for the purchase of a firearm

 
PURPOSE:

The purpose of this legislation is to impose a 10-day waiting period
prior to the sale of any firearm as a means to improve public safety by
giving law enforcement officials sufficient time to conduct a background
check on prospective purchasers, and by eliminating opportunities for
impulsive acts of violence.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new Article 38-B to the General Business
Law in relation to establishing a waiting period for the purchase of a
firearm.

*section 825 defines certain terms.

*Section 826 provides that no dealer in firearms shall deliver any
firearm, and no such person shall take possession of any firearm from a
dealer in firearms unless: (a) ten days have elapsed from the date such
seller initiated the national instant background check of the purchaser;
and (b) such dealer received notice that the purchaser has passed all
background checks required by federal, state and local law.

*Section 827 provides exemptions to the article.

*Section 828 provides that a violation of the article shall be a class A
misdemeanor.

 
EXISTING LAW:

 
JUSTIFICATION:

Laws imposing a waiting period prior to the sale of a firearm give law
enforcement officials adequate time to perform a thorough background
check on the prospective purchaser, and provide a 'cooling off' period
to help guard against impulsive acts of violence.

There is no federal waiting period. Under federal law, a dealer may
transfer a firearm to a prospective purchaser as soon as he or she pass-
es a background check. If the Federal Bureau of Investigation (FBI) is
unable to complete a background check within three business days, the
dealer may complete the transfer by default.

The purpose of this legislation is to impose a-10-day waiting period
prior to the sale of any firearm as a means to improve public safety by
giving law enforcement officials sufficient time to conduct a background
check on prospective purchasers, and by eliminating opportunities for
impulsive acts of violence.

 
LEGISLATIVE HISTORY:

2020:Died in Consumer Protection
2019:Died in Consumer Protection
2018:Died in Consumer Protection
2017:Died in Consumer Protection
2016:Died in Consumer Protection
2015:Died in Consumer Protection
2014:Senate Bill 571(Gianaris) - Died in Senate Codes Committee
2012:Senate Bill 7835(Gianaris)- Died in Senate Rules Committee

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
The first of January next succeeding the date on which it shall become a
law.

S1235 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1235
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by Sens. GIANARIS, ADDABBO, BRESLIN, KRUEGER, RIVERA, SERRA-
   NO, STAVISKY -- read twice and ordered printed, and when printed to be
   committed to the Committee on Codes
 
 AN ACT to amend the general business law, in relation to establishing  a
   waiting period for the purchase of a firearm

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 38-B to read as follows:
                               ARTICLE 38-B
                      WAITING PERIOD FOR PURCHASE OF
                                 FIREARMS
 SECTION 825. DEFINITIONS.
         826. WAITING PERIOD.
         827. EXEMPTIONS.
         828. PENALTY.
   § 825. DEFINITIONS. AS USED IN THIS SECTION:
   1.  "DEALER IN FIREARMS" HAS THE SAME MEANING AS THAT TERM IS  DEFINED
 IN SUBDIVISION NINE OF SECTION 265.00 OF THE PENAL LAW.
   2.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
 SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   § 826. WAITING  PERIOD.  NO  DEALER  IN  FIREARMS  SHALL  DELIVER  ANY
 FIREARM, AND NO PERSON SHALL TAKE POSSESSION OF ANY FIREARM FROM A DEAL-
 ER IN FIREARMS UNLESS:
   1.  TEN  DAYS  HAVE  ELAPSED  FROM  THE DATE SUCH DEALER INITIATED THE
 NATIONAL INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER AS  REQUIRED
 BY  18  U.S.C.  §  922(T),  AFTER RECEIVING A COMPLETED FEDERAL FIREARMS
 TRANSACTION RECORD, FORM 4473, FROM THE PURCHASER; AND
   2. SUCH DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS  PASSED  ALL
 BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03103-01-1

 S. 1235                             2
 
   §  827.  EXEMPTIONS.  SECTION EIGHT HUNDRED TWENTY-SIX OF THIS ARTICLE
 SHALL NOT APPLY TO:
   1.  ANY  LAW  ENFORCEMENT OR CORRECTIONAL AGENCY, OR POLICE OFFICER OR
 CORRECTIONS OFFICER ACTING WITHIN THE COURSE OR  SCOPE  OF  HIS  OR  HER
 EMPLOYMENT;
   2.  ANY  FEDERAL  OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS OR CARRY A
 FIREARM IN THE COURSE OF HIS OR HER DUTIES, AND ANY MEMBER OF THE  ARMED
 FORCES OF THE UNITED STATES OR THE NATIONAL GUARD;
   3.  ANY  MANUFACTURER,  DISTRIBUTOR  OR DEALER OF FIREARMS WHEN TRANS-
 FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER;
   4. ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL  LAW,
 RECEIVING A FIREARM FOR SERVICE OR REPAIR; AND
   5.  ANY  COMMON  CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
 BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS.
   § 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
 SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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The New York State Senate

senate Bill S1235

Sponsored By

Current Bill Status - Passed Senate

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Votes

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

Jun 1, 2021 - Rules committee Vote

Rules Committee Vote: Jun 1, 2021

Co-Sponsors

S1235 (ACTIVE) - Details

S1235 (ACTIVE) - Summary

S1235 (ACTIVE) - Sponsor Memo

S1235 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1235

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Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

Jun 1, 2021 - Rules committee Vote

Rules Committee Vote: Jun 1, 2021

Co-Sponsors

S1235 (ACTIVE) - Details

S1235 (ACTIVE) - Summary

S1235 (ACTIVE) - Sponsor Memo

S1235 (ACTIVE) - Bill Text download pdf

Comments