Senate Bill S9486A

                                 
BILL NUMBER: S9486A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the executive law, in relation to notification to local
law enforcement of firearm denials

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires that the State Police, upon disapproving a firearm
purchase, notify local law enforcement and prosecutors within 24 hours
of the denial, and further requires that local law enforcement initiate
a prompt criminal investigation.

 
SUMMARY OF PROVISIONS:

Section one requires that, upon disapproving a firearm purchase for any
person prohibited under 18 U.S.0 sec. 922(g) or (n) from possessing a
firearm, the Division of State Police report identifying information and
the reason for denial to the local law enforcement agency and prosecutor
having jurisdiction over the location where the purchase was attempted.
              

This section further requires that upon notification, local law enforce-
ment initiates a criminal investigation within five business days.

Section two sets forth the effective date.

 
JUSTIFICATION:

When a prohibited person attempts to purchase a firearm, it raises seri-
ous public safety concerns and warrants prompt law enforcement atten-
tion. Federal law recognizes this risk by requiring notification to
local law enforcement and prosecutors within 24 hours of a denied
purchase in states where the FBI operates the National Instant Criminal
Background Check System (NICS), to trigger a potential criminal investi-
gation. Evidence supports this approach, with a Department of Justice
study funding that nearly 30 percent of prohibited purchasers were rear-
rested within five years. New York data further shows that hundreds of
individuals prohibited due to domestic violence convictions or orders of
protection have attempted to purchase firearms in recent years.

However, because New York is a "point of contact" state, wherein the
division of state police functions as an intermediary between Federal
Firearm Licensees and the FBI, it is not subject to the federal notifi-
cation mandate, leaving a critical gap in enforcement. While several
other NICS-operating states have addressed this gap by enacting their
own notification laws, New York has not. Requiring the State Police to
notify local law enforcement and prosecutors following a denial would
align New York with best practices, close this enforcement gap, and
enhance public safety by ensuring timely investigation of prohibited
firearm purchase attempts.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.