S T A T E O F N E W Y O R K
________________________________________________________________________
7650--A
2023-2024 Regular Sessions
I N S E N A T E
September 11, 2023
___________
Introduced by Sen. HELMING -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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REPEALED.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].
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13175-02-3
S. 7650--A 2
2. (a) The division shall report the name, date of birth and physical
description of any person prohibited from possessing a firearm pursuant
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
S. 7650--A 3
BUREAU WITHIN THE DIVISION 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.
(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.