S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4261--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M. of A. PAULIN, DINOWITZ, DICKENS, SEAWRIGHT, L. ROSEN-
   THAL, 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 207 of the laws  of  2022,  is  amended  to  read  as
 follows:
   12. Records required of gunsmiths and dealers in firearms. 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. 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 NEW
 YORK STATE NATIONAL INSTANT BACKGROUND CHECK SYSTEM ("NYS NICS") OR  ITS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08360-03-4
              

 A. 4261--A                          2
 
 SUCCESSOR  to  initiate a national instant criminal background check and
 (B) NYS NICS has [not notified]  ISSUED  A  "PROCEED"  RESPONSE  TO  the
 licensee [that]. IF, AFTER THIRTY CALENDAR DAYS, NYS NICS HAS NOT ISSUED
 A  RESPONSE  TO  the  LICENSEE FOR THE PERSON REQUESTING transfer of the
 firearm, THE LICENSEE MAY TRANSFER THE FIREARM to such person [should be
 denied] AT THE LICENSEE'S DISCRETION.  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 super-
 intendent 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 electronic form if  the  super-
 intendent  determines that such dealer is incapable 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 established 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  main-
 tained  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.
   §  2.  Section 400.20 of the penal law, as added by chapter 129 of the
 laws of 2019, is amended to read as follows:
 § 400.20 Waiting period in connection with the sale  or  transfer  of  a
            rifle or shotgun.
   When a national instant criminal background check is required pursuant
 to  state  or  federal  law  to  be conducted through the NEW YORK STATE
 National Instant [Criminal] Background Check System [(NICS)] (NYS  NICS)
 or  its  successor in connection with the sale or transfer of a rifle or
 shotgun to any person, before delivering a  rifle  or  shotgun  to  such
 person, [either] (a) [NICS has issued a "proceed" response to the seller
 or  transferor,  or  (b)  thirty  calendar] TEN BUSINESS days shall have
 elapsed since the date the seller or  transferor  contacted  [NICS]  NYS
 NICS  to  initiate  a national instant criminal background check and (B)
 NYS NICS has [not notified] ISSUED A "PROCEED" RESPONSE TO the seller or
 transferor [that].  IF, AFTER THIRTY CALENDAR DAYS,  NYS  NICS  HAS  NOT
 ISSUED  A RESPONSE TO the SELLER OR TRANSFEROR FOR THE PERSON REQUESTING
 transfer of the rifle or shotgun, THE SELLER OR TRANSFEROR MAY  TRANSFER
 THE  RIFLE OR SHOTGUN to such person [should be denied] AT THE SELLER OR
 TRANSFEROR'S DISCRETION.
 A. 4261--A                          3
 
   § 3. Subdivision 1 of section 897 of  the  general  business  law,  as
 amended  by  chapter  129  of  the  laws  of 2019, is amended to read as
 follows:
   1. A national instant criminal background check shall be conducted and
 no  person  shall  sell or transfer a firearm, rifle or shotgun at a gun
 show, except in accordance with the  provisions  of  18  U.S.C.  922(t),
 provided  that  before  delivering  a  firearm,  rifle or shotgun to any
 person, [either] (a) [the National  Instant  Criminal  Background  Check
 System  (NICS)  or  its successor has issued a "proceed" response to the
 seller or transferor, or (b) thirty calendar] TEN  BUSINESS  days  shall
 have  elapsed  since  the date the seller or transferor contacted [NICS]
 THE NEW YORK STATE NATIONAL INSTANT BACKGROUND CHECK SYSTEM ("NYS NICS")
 OR ITS SUCCESSOR to initiate  a  national  instant  criminal  background
 check and NYS NICS has [not notified] ISSUED A "PROCEED" RESPONSE TO the
 seller  or  transferor [that].  IF, AFTER THIRTY CALENDAR DAYS, NYS NICS
 HAS NOT ISSUED A RESPONSE TO the SELLER OR  TRANSFEROR  FOR  THE  PERSON
 REQUESTING  transfer  of  the  firearm,  rifle or shotgun, THE SELLER OR
 TRANSFEROR MAY TRANSFER THE FIREARM, RIFLE OR  SHOTGUN  to  such  person
 [should be denied] AT THE SELLER OR TRANSFEROR'S DISCRETION.
   §  4. Subdivisions 1 and 2 of section 898 of the general business law,
 subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi-
 sion 2 as amended by chapter 371 of the laws of  2022,  are  amended  to
 read as follows:
   1. In addition to any other requirements pursuant to state and federal
 law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
 shall be conducted in accordance with this  section  unless  such  sale,
 exchange  or  disposal  is  conducted  by  a licensed importer, licensed
 manufacturer or licensed dealer, as those terms are defined in 18 USC  §
 922,  when such sale, exchange or disposal is conducted pursuant to that
 person's federal firearms license or such sale, exchange or disposal  is
 between  members  of  an  immediate  family.  When  a  sale, exchange or
 disposal is conducted pursuant to a person's federal  firearms  license,
 before  delivering  a  firearm, rifle or shotgun to any person, [either]
 (a) [the National Instant Criminal Background Check System (NICS) or its
 successor has issued a "proceed" response to the federal firearms licen-
 see, or (b) thirty calendar] TEN BUSINESS days shall have elapsed  since
 the  date  the  federal  firearms licensee contacted [NICS] THE NEW YORK
 STATE NATIONAL INSTANT BACKGROUND  CHECK  SYSTEM  ("NYS  NICS")  OR  ITS
 SUCCESSOR  to  initiate a national instant criminal background check and
 (B) NYS NICS has [not notified]  ISSUED  A  "PROCEED"  RESPONSE  TO  the
 federal  firearms  licensee [that].  IF, AFTER THIRTY CALENDAR DAYS, NYS
 NICS HAS NOT ISSUED A RESPONSE TO the FEDERAL FIREARMS LICENSEE FOR  THE
 PERSON REQUESTING transfer of the firearm, rifle or shotgun , THE FEDER-
 AL  FIREARM  LICENSEE MAY TRANSFER THE FIREARM, RIFLE OR SHOTGUN to such
 person [should be denied] AT THE FEDERAL FIREARM LICENSEE'S  DISCRETION.
 For  purposes  of  this  section, "immediate family" shall mean spouses,
 domestic partners, children and step-children.
   2. Before any sale, exchange or disposal pursuant to this  article,  a
 national instant criminal background check must be completed by a dealer
 who  shall  submit a request to the division of state police pursuant to
 section two hundred twenty-eight of the executive law  to  conduct  such
 check.  Before  a  dealer who has submitted a request to the division of
 state police to conduct a national  instant  criminal  background  check
 delivers  a  firearm, rifle or shotgun to any person, [either] (a) [NICS
 shall have issued a "proceed" response,  or  (b)  thirty  calendar]  TEN
 BUSINESS  days  shall have elapsed since the date the dealer submitted a
 A. 4261--A                          4
 
 request to the division of state police to contact the [NICS]  NYS  NICS
 OR  ITS  SUCCESSOR  to  initiate  a national instant criminal background
 check and (B) NYS NICS has [not notified] ISSUED A "PROCEED" RESPONSE TO
 the  [division  of  state police that] DEALER. IF, AFTER THIRTY CALENDAR
 DAYS, NYS NICS HAS NOT ISSUED A RESPONSE TO the DEALER  FOR  THE  PERSON
 REQUESTING  transfer  of  the  firearm, rifle or shotgun, THE DEALER MAY
 TRANSFER THE FIREARM, RIFLE OR SHOTGUN to such person [should be denied]
 AT THE DEALER'S DISCRETION.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.