NY State Senate Bill 2023-S7650

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Sep 20, 2023	print number 7650a
Sep 20, 2023	amend (t) and recommit to rules
Sep 11, 2023	referred to rules

Bill Amendments

Original

A (Active)

2023-S7650 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.02, Pen L; rpld §228 sub 5, Exec L; rpld §99-pp, St Fin L

2023-S7650 - Summary

Removes ammunition and ammunition sales from the requirements of background checks; repeals certain provisions of law relating thereto; repeals the background check fund.

2023-S7650 - Sponsor Memo

                                 
BILL NUMBER: S7650

SPONSOR: HELMING
 
TITLE OF BILL:

An act amend the penal law, in relation to the statewide license and
record database; and to repeal certain provisions of the executive law
and the state finance law relating thereto

 
PURPOSE:

This legislation would repeal the authority of the New York State Police
to pass on costs or fees related to background checks for the purchase
of ammunition or firearms onto dealers or their respective customers.

 
SUMMARY OF PROVISIONS:

Sections 1: Amends penal law section 400.02, subdivision 2, stipulating
that costs related to the creation and maintenance of a statewide data-
base specific for ammunition sales shall be borne by the state and that
no cost shall be passed on to consumers or retailers subject to ammuni-
tion background checks.

Section 2: Repeals subdivision 5 of section 228 of the executive law.

Section 3: Repeals section 99-pp of the state finance law.

Section 4:  effective date.

 
JUSTIFICATION:

In July of 2022, the New York State Legislature passed the Concealed
Carry Improvement Act (CCIA), making many changes to the laws governing
firearms and ammunition in New York. Included in the CCIA were
provisions instructing the New York State Police (NYSP) to create and
administer a new background check system for the sale of firearms and
ammunition. Authority was also granted to the NYSP to promulgate a fee
associated with each background check performed.

The background check fee structure is nothing more than a tax on current
and prospective gun owners. Prior to the implementation of the 2022
legislation, firearm sale background checks were conducted by the Feder-
al Bureau of Investigation at no cost to the buyer or retailer. Unfortu-
nately, despite record inflation and economic turmoil, New York State
has once again upped the ante for those legal firearm patrons simply
exercising their constitutional rights.  Instituting background check
fees will not affect the proliferation of illegal weapons or ammunition
in New York. Instead, it will only serve as another deterrent for sport-
speople, law enforcement, and other law-abiding citizens who wish to
participate in the firearm economy.

To address the issue of these burdensome fees, this legislation repeals
the authority to institute background fees and requires that the state
cover all costs associated with creating and maintaining a background
check system. With one of the most considerable tax burdens in the
nation, New York has more than enough in its coffers to cover the cost
of a background check system without nickel and diming taxpayers
further.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7650 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7650
 
                        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
 
 AN ACT amend the penal law, in relation to  the  statewide  license  and
   record database; and to repeal certain provisions of 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. The opening paragraph of subdivision 2 of section 400.02 of
 the penal law, as added by chapter 371 of the laws of 2022,  is  amended
 to read as follows:
   There  shall  be  a statewide license and record database specific for
 ammunition sales which shall be created and maintained by  the  division
 of  state  police  the  cost of which shall not be borne by [any munici-
 pality] THE STATE IN ITS ENTIRETY AND SHALL NOT BE PASSED ON TO  CONSUM-
 ERS  OR  RETAILERS SUBJECT TO AMMUNITION BACKGROUND CHECKS no later than
 thirty days upon designating the division of state police as  the  point
 of  contact  to  perform  both  firearm and ammunition background checks
 under federal and state law. Records assembled or collected for purposes
 of inclusion in such database shall not be subject to disclosure  pursu-
 ant  to  article  six of the public officers law. All records containing
 granted license applications from all  licensing  authorities  shall  be
 monthly checked by the division of criminal justice services in conjunc-
 tion  with  the  division  of  state police against criminal conviction,
 criminal indictments, mental health,  extreme  risk  protection  orders,
 orders  of  protection, and all other records as are necessary to deter-
 mine their continued accuracy as well as whether  an  individual  is  no
 longer a valid license holder. The division of criminal justice services
 shall  also  check  pending  applications  made pursuant to this article
 against such records to determine whether a license may be granted.  All
 state  and  local agencies shall cooperate with the division of criminal
 justice services, as  otherwise  authorized  by  law,  in  making  their
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13175-01-3

 S. 7650                             2
 
 records  available  for such checks. No later than thirty days after the
 superintendent of the state police certifies that the statewide  license
 and  record database established pursuant to this section and the state-
 wide  license  and  record database established for ammunition sales are
 operational for the purposes of  this  section,  a  dealer  in  firearms
 licensed pursuant to section 400.00 of this article, a seller of ammuni-
 tion  as  defined  in  subdivision twenty-four of section 265.00 of this
 chapter shall not transfer any ammunition to any other person who is not
 a dealer in firearms as defined in  subdivision  nine  of  such  section
 265.00  or  a seller of ammunition as defined in subdivision twenty-four
 of section 265.00 of this chapter, unless:
   § 2. Subdivision 5 of section 228 of the executive law is REPEALED.
   § 3. Section 99-pp of the state finance law, as added by  chapter  371
 of the laws of 2022,  is REPEALED.
   § 4. This act shall take effect immediately.

co-Sponsors

2023-S7650A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.02, Pen L; rpld §228 sub 5, Exec L; rpld §99-pp, St Fin L

2023-S7650A (ACTIVE) - Summary

Removes ammunition and ammunition sales from the requirements of background checks; repeals certain provisions of law relating thereto; repeals the background check fund.

2023-S7650A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7650A

SPONSOR: HELMING
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation would eliminate background checks for ammunition sales
in New York State and prevent the State from passing on costs or fees
related to background checks for purchasing firearms to dealers or their
respective customers.

 
SUMMARY OF PROVISIONS:

Section 1: Repeals subdivision 2 of section 400.02 of the penal law,
which creates a new license and record database specific to ammunition
sales.

Section 2: Amends subdivisions 1, 2, 3, and 4 of section 228 of the
executive law, removing requirements for background checks to be admin-
istered for the sale of ammunition. Further amends subdivisions 3 and 4
of section 228 of the executive law to require that the costs of creat-
ing new databases and a centralized bureau be borne entirely by the
state.

Section 3: Repeals subdivision 5 of section 228 of the executive law.

Section 4: Repeals paragraph c of subdivision 6 of section 228 of the
executive law. Section 5: Repeals section 99-pp of the state finance
law.

Section 6: Effective date.

 
JUSTIFICATION:

In July of 2022, the New York State Legislature passed the Concealed
Carry Improvement Act (CCIA), making many changes to the laws governing
firearms and ammunition in New York. Included in the CCIA were
provisions instructing the New York State Police (NYSP) to create and
administer a new background check system for the sale of firearms and
ammunition. Authority was also granted to the NYSP to promulgate a fee
associated with each background check performed.

The background check fee structure is nothing more than a tax on current
and prospective gun owners. Prior to the implementation of the 2022
legislation, firearm sale background checks were conducted by the Feder-
al Bureau of Investigation at no cost to the buyer or retailer. Unfortu-
nately, despite record inflation and economic turmoil, New York State
has once again upped the ante for those legal firearm patrons simply
exercising their constitutional rights.

Instituting background check fees will not affect the proliferation of
illegal weapons or ammunition in New York. Instead, it will only serve
as another deterrent for sportspeople, law enforcement, and other law-a-
biding citizens who wish to participate in the firearm economy.
To address the issue of these burdensome fees, this legislation repeals
requirements for background checks for ammunition and prevents the State
from passing on the costs for creating, maintaining, and administering a
new background check database. With one of the most considerable tax
burdens in the nation, New York has more than enough in its coffers to
cover the cost of a background check system without nickel and diming
taxpayers further.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7650A (ACTIVE) - Bill Text download pdf

                             
                     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.

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Senate Bill S7650

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

2023-S7650 - Details

2023-S7650 - Summary

2023-S7650 - Sponsor Memo

2023-S7650 - Bill Text download pdf

co-Sponsors

2023-S7650A (ACTIVE) - Details

2023-S7650A (ACTIVE) - Summary

2023-S7650A (ACTIVE) - Sponsor Memo

2023-S7650A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7650

Share this bill

Sponsored By

Pamela Helming

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

2023-S7650 - Details

2023-S7650 - Summary

2023-S7650 - Sponsor Memo

2023-S7650 - Bill Text download pdf

co-Sponsors

Peter Oberacker

2023-S7650A (ACTIVE) - Details

2023-S7650A (ACTIVE) - Summary

2023-S7650A (ACTIVE) - Sponsor Memo

2023-S7650A (ACTIVE) - Bill Text download pdf

Comments