S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8421
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced by M. of A. BYRNES, GALLAHAN -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the executive law, in relation to national instant crim-
   inal  background checks; and to repeal certain provisions of the penal
   law, the executive law and the state finance law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  400.02  of  the penal law is
 REPEALED.
   § 2. Subdivisions 1, 2, 3 and 4 of section 228 of the  executive  law,
 as  added  by  chapter  371  of the laws of 2022, are amended to read as
 follows:
   1. (a) 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  for  the
 purchase of firearms [and ammunition].
   (b)  Upon  receiving  a  request  from  a  licensed dealer pursuant to
 section eight hundred ninety-six or eight hundred  ninety-eight  of  the
 general  business law, the division shall initiate a background check by
 (i) contacting the National Instant  Criminal  Background  Check  System
 (NICS)  or  its  successor to initiate a national instant criminal back-
 ground check, and (ii) consulting the  statewide  firearms  license  and
 records  database  established  pursuant  to  subdivision  three of this
 section, in order to determine if the purchaser is a person described in
 sections 400.00 and 400.03 of the penal law, or is prohibited  by  state
 or  federal  law  from  possessing,  receiving,  owning, or purchasing a
 firearm [or ammunition].
   2. (a) The division shall report the name, date of birth and  physical
 description  of any person prohibited from possessing a firearm pursuant
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13175-03-3
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 to 18 U.S.C. sec. 922(g) or (n) to the national instant  criminal  back-
 ground check system index, denied persons files.
   (b)  Information provided pursuant to this section shall remain privi-
 leged and confidential, and shall  not  be  disclosed,  except  for  the
 purpose  of  enforcing  federal  or  state law regarding the purchase of
 firearms [or ammunition].
   (c) Any background check  conducted  by  the  division,  or  delegated
 authority,  of any applicant for a permit, firearms identification card,
 license, [ammunition sale,] or  registration,  in  accordance  with  the
 requirements of section 400.00 of the penal law, shall not be considered
 a  public record and shall not be disclosed to any person not authorized
 by law or this chapter to have access to such background check,  includ-
 ing the applicant. Any application for a permit, firearms identification
 card,  [ammunition  sale,]  or  license, and any document reflecting the
 issuance or denial of such  permit,  firearms  identification  card,  or
 license,  and any permit, firearms identification card, license, certif-
 ication, certificate, form of register, or registration statement, main-
 tained by any state or  municipal  governmental  agency,  shall  not  be
 considered  a public record and shall not be disclosed to any person not
 authorized by law to have access to such  documentation,  including  the
 applicant, except on the request of persons acting in their governmental
 capacities for purposes of the administration of justice.
   3. The division shall create and maintain a statewide firearms license
 and  records  database  which shall contain records held by the division
 and any records that it is authorized to request from  the  division  of
 criminal  justice  services,  office  of  court administration, New York
 state department of health, New York state office of mental health,  and
 other  local entities. Such database shall be used for the certification
 and recertification of firearm permits under section 400.02 of the penal
 law, AND assault weapon  registration  under  subdivision  sixteen-a  of
 section  400.00  of  the  penal law[, and ammunition sales under section
 400.03 of the penal law]. Such database shall also be used to initiate a
 national instant criminal background check pursuant to  subdivision  one
 of  this  section  upon request from a licensed dealer. The division may
 create and maintain additional databases as  needed  to  complete  back-
 ground checks pursuant to the requirements of this section.  THE COST OF
 ANY  DATABASE  OR DATABASES CREATED SHALL BE BORNE ENTIRELY BY THE STATE
 AND SHALL NOT BE PASSED ON TO CONSUMERS OR RETAILERS IN THE FORM OF  NEW
 FEES OR ADDITIONAL TAXES.
   4. The superintendent shall promulgate a plan to coordinate background
 checks  for  firearm [and ammunition] purchases pursuant to this section
 and to require any person, firm or corporation that sells,  delivers  or
 otherwise  transfers  any firearm [or ammunition] to submit a request to
 the division in order to complete the background  checks  in  compliance
 with  federal  and  state  law,  including the National Instant Criminal
 Background Check System (NICS), in  New  York  state.  Such  plan  shall
 include, but shall not be limited to, the following features:
   (a)  The  creation  of  a  centralized  bureau  within the division to
 receive and process all background check requests, which shall include a
 contact center unit and an appeals unit. Staff may include  but  is  not
 limited  to:  bureau  chief,  supervisors, managers, different levels of
 administrative analysts, appeals specialists and administrative  person-
 nel.  The  division  shall employ and train such personnel to administer
 the provisions of this section.   THE COSTS OF  CREATING  A  CENTRALIZED
 BUREAU  WITHIN  THE  DIVISION  SHALL  BE BORNE ENTIRELY BY THE STATE AND
 A. 8421                             3

 SHALL NOT BE PASSED ON TO CONSUMERS OR RETAILERS IN THE FORM OF NEW FEES
 OR ADDITIONAL TAXES.
   (b) Procedures for carrying out the duties under this section, includ-
 ing hours of operation.
   (c)  An  automated  phone  system  and  web-based  application system,
 including a toll-free  telephone  number  and/or  web-based  application
 option for any licensed dealer requesting a background check in order to
 sell, deliver or otherwise transfer a firearm which shall be operational
 every  day  that  the  bureau  is  open  for business for the purpose of
 responding to requests in accordance with this section.
   § 3. Subdivision 5 of section 228 of the executive law is REPEALED.
   § 4. Paragraph c of subdivision 6 of section 228 of the executive  law
 is REPEALED.
   §  5.  Section 99-pp of the state finance law, as added by chapter 371
 of the laws of 2022,  is REPEALED.
   § 6. This act shall take effect immediately.