§ 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;
5. ANY COMMON CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS; AND
6. FIREARMS LOANED OR LEASED SOLELY FOR USE AS A PROP IN A MOTION
PICTURE, STREAMING, TELEVISION, VIDEO, THEATRICAL, OR OTHER PRODUCTION
OR EVENT WHEN THE FIREARM IS NOT LOADED WITH AMMUNITION AND THE LOAN OR
LEASE IS MADE BY A LICENSED DEALER IN FIREARMS IN THE STATE OF NEW YORK.
AMMUNITION SHALL NOT INCLUDE BLANK AMMUNITION CONSISTING OF A CHARGE AND
NO PROJECTILE.
§ 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
§ 2. 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 days shall have elapsed
since the date the seller or transferor contacted NICS to initiate a
national instant criminal background check and NICS has not notified the
seller or transferor that the transfer of the firearm, rifle or shotgun
to such person should be denied] AND TEN DAYS SHALL HAVE ELAPSED FROM
THE DATE SUCH SELLER OR TRANSFEROR INITIATED THE NATIONAL INSTANT CRIMI-
NAL 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 SUCH SELLER OR TRANSFEROR HAS RECEIVED
NOTICE THAT THE PURCHASER HAS PASSED ALL BACKGROUND CHECKS REQUIRED BY
FEDERAL, STATE AND LOCAL LAW.
§ 3. 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
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(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 days shall have elapsed since the date the
federal firearms licensee contacted NICS to initiate a national instant
criminal background check and NICS has not notified the federal firearms
licensee that the transfer of the firearm, rifle or shotgun to such
person should be denied] AND TEN DAYS SHALL 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 SUCH DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS
PASSED ALL BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
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 days
shall have elapsed since the date the dealer submitted a request to the
division of state police to contact the NICS to initiate a national
instant criminal background check and NICS has not notified the division
of state police that the transfer of the firearm, rifle or shotgun to
such person should be denied] AND TEN DAYS SHALL 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 RECEIV-
ING A COMPLETED FEDERAL FIREARMS TRANSACTION RECORD, FORM 4473, FROM THE
PURCHASER; AND SUCH DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS
PASSED ALL BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
§ 4. 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 OR
HER 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] AND TEN DAYS SHALL HAVE ELAPSED FROM THE DATE SUCH DEALER INITI-
ATED THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER AS
REQUIRED BY 18 U.S.C. § 922(T), AFTER RECEIVING A COMPLETED FEDERAL
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FIREARMS TRANSACTION RECORD, FORM 4473, FROM THE PURCHASER; AND SUCH
DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS PASSED ALL BACKGROUND
CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW. 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 OR HER special duties, or police officer. In the
event of cancellation or revocation of the license for gunsmith or deal-
er 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 else-
where in the state to the executive department, division of state
police.
§ 5. 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 National Instant
Criminal Background Check System (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 days shall have elapsed since the date the seller or transferor
contacted NICS to initiate a national instant criminal background check
and NICS has not notified the seller or transferor that the transfer of
the rifle or shotgun to such person should be denied] AND TEN DAYS
SHALL 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 TRANS-
ACTION RECORD, FORM 4473, FROM THE PURCHASER; AND SUCH DEALER HAS
RECEIVED NOTICE THAT THE PURCHASER HAS PASSED ALL BACKGROUND CHECKS
REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
§ 6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that if chapter 371 of the laws of 2022 shall not have taken effect on
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or before such date then the amendments to subdivision 2 of section 898
of the general business law, as made by section three of this act, shall
take effect on the same date and in the same manner as such chapter of
the laws of 2022 takes effect.
This is asinine.