Bill Text: NY A00192 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires licensed firearms businesses to report the crime of criminal purchase of a weapon and requires background checks for employees who would be authorized to possess or transfer firearms.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to codes [A00192 Detail]
Download: New_York-2013-A00192-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
192
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. KAVANAGH, SCHIMEL -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to requiring licensed
firearms businesses to report the crime of criminal purchase of a
weapon and requiring background checks for employees who would be
authorized to possess or transfer firearms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 265.17 of the penal law, as added by chapter 189 of
2 the laws of 2000, is amended to read as follows:
3 S 265.17 Criminal purchase of a weapon.
4 1. A person is guilty of criminal purchase of a weapon when:
5 [1.] (A) Knowing that he or she is prohibited by law from possessing a
6 firearm, rifle or shotgun because of a prior conviction or because of
7 some other disability which would render him or her ineligible to
8 lawfully possess a firearm, rifle or shotgun in this state, such person
9 attempts to purchase a firearm, rifle or shotgun from another person; or
10 [2.] (B) Knowing that it would be unlawful for another person to
11 possess a firearm, rifle or shotgun, he or she purchases a firearm,
12 rifle or shotgun for, on behalf of, or for the use of such other person.
13 2. A GUNSMITH OR DEALER IN FIREARMS SHALL REPORT WITHIN TWENTY-FOUR
14 HOURS TO THE DIVISION OF STATE POLICE, OR IN THE CITY OF NEW YORK THE
15 POLICE DEPARTMENT OF SUCH CITY, ANY INSTANCE IN WHICH ANY PERSON
16 ATTEMPTS TO PURCHASE A FIREARM, RIFLE OR SHOTGUN FROM SUCH GUNSMITH OR
17 DEALER IF A BACKGROUND CHECK SUCH GUNSMITH OR DEALER CONDUCTS IN
18 CONNECTION WITH SUCH ATTEMPTED PURCHASE, IN THE NATIONAL INSTANT CRIMI-
19 NAL BACKGROUND CHECK SYSTEM OR ANY SUCCESSOR SYSTEM, INDICATES A
20 "DENIED" RESPONSE AS DEFINED IN 28 C.F.R. S 25.6. SUCH GUNSMITH OR DEAL-
21 ER SHALL KEEP WITH THE OTHER RECORDS REQUIRED UNDER SUBDIVISION TWELVE
22 OF SECTION 400.00 OF THIS CHAPTER, A RECORD APPROVED AS TO FORM BY THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03538-01-3
A. 192 2
1 SUPERINTENDENT OF STATE POLICE, OR IN THE CITY OF NEW YORK BY SUCH
2 CITY'S POLICE COMMISSIONER, OF HAVING MADE EACH REPORT REQUIRED BY THIS
3 SUBDIVISION.
4 Criminal purchase of a weapon is a class A misdemeanor.
5 S 2. Section 400.00 of the penal law is amended by adding a new subdi-
6 vision 12-b to read as follows:
7 12-B. EMPLOYEES OF A GUNSMITH OR DEALER IN FIREARMS. (A) NO PERSON
8 SHALL BE EMPLOYED BY A GUNSMITH OR DEALER IN FIREARMS FOR DUTIES THAT
9 INCLUDE HANDLING, SELLING, OR OTHERWISE DISPOSING OF FIREARMS, IF SUCH
10 PERSON IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS UNDER FEDERAL
11 LAW OR IF SUCH PERSON WOULD BE INELIGIBLE FOR A LICENSE TO POSSESS
12 FIREARMS UNDER PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
13 (B) NO GUNSMITH OR DEALER IN FIREARMS SHALL EMPLOY A PERSON WHOSE
14 DUTIES INCLUDE HANDLING, SELLING, OR OTHERWISE DISPOSING OF FIREARMS,
15 ABSENT AN EXEMPTION PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION A
16 OF SECTION 265.20 OF THIS CHAPTER, UNLESS: (I) SUCH PERSON IS TWENTY-ONE
17 YEARS OF AGE OR OLDER OR IS A MEMBER OF THE UNITED STATES ARMED FORCES
18 OR HAS BEEN HONORABLY DISCHARGED THEREFROM, AND SUCH EMPLOYEE HAS BEEN
19 ISSUED A VALID EMPLOYMENT CERTIFICATE FROM THE DIVISION OF CRIMINAL
20 JUSTICE SERVICES; OR (II) SUCH PERSON HAS OBTAINED AND POSSESSES A VALID
21 LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF
22 THIS ARTICLE.
23 (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
24 APPLICANT'S PROSPECTIVE EMPLOYER TO THE DIVISION OF CRIMINAL JUSTICE
25 SERVICES IN A FORM APPROVED BY SUCH DIVISION. APPLICATIONS MUST CONTAIN,
26 AT A MINIMUM, THE INFORMATION REQUIRED TO CONDUCT A BACKGROUND CHECK IN
27 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. ALL APPLICATIONS
28 MUST BE SIGNED AND VERIFIED BY THE APPLICANT.
29 (D) UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYMENT CERTIFICATE, THE
30 DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A BACKGROUND CHECK
31 IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO DETERMINE
32 WHETHER THE APPLICANT IS QUALIFIED TO RECEIVE OR POSSESS A FIREARM UNDER
33 STATE AND FEDERAL LAW. IF THE RESULTS OF THE BACKGROUND CHECK INDICATE
34 THAT THERE IS NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
35 RECEIVING OR POSSESSING A FIREARM UNDER STATE OR UNDER FEDERAL LAW, THE
36 DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DOCUMENT SUCH RESULT ON AN
37 EMPLOYMENT CERTIFICATE. IF THE BACKGROUND CHECK RESULTS IN A "DELAYED"
38 RESPONSE AS DESCRIBED IN 28 C.F.R. S 25.6, THE DIVISION OF CRIMINAL
39 JUSTICE SERVICES SHALL NOT CERTIFY THE APPLICANT FOR EMPLOYMENT PENDING
40 RECEIPT OF A FOLLOW-UP "PROCEED" RESPONSE FROM THE NATIONAL INSTANT
41 CRIMINAL BACKGROUND CHECK SYSTEM.
42 (E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO QUALIFY-
43 ING EMPLOYEES AN EMPLOYMENT CERTIFICATE, WHICH SHALL CERTIFY THAT THE
44 HOLDER OF SUCH CERTIFICATE IS ELIGIBLE TO HANDLE, SELL, OR OTHERWISE
45 DISPOSE OF FIREARMS OR WEAPONS ON BEHALF OF THE GUNSMITH OR DEALER IN
46 FIREARMS. SUCH CERTIFICATE SHALL BECOME INVALID UPON THE TERMINATION OF
47 THE EMPLOYEE'S EMPLOYMENT. SUCH CERTIFICATE SHALL HAVE THE EFFECT OF
48 AUTHORIZING SUCH EMPLOYEE TO HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE
49 FIREARMS THAT ARE LAWFULLY POSSESSED, SOLD OR DISPOSED OF BY THE
50 GUNSMITH OR DEALER IN FIREARMS ONLY WHILE SUCH EMPLOYEE IS ACTUALLY
51 CONDUCTING BUSINESS ON BEHALF OF THE GUNSMITH OR DEALER IN FIREARMS
52 NOTWITHSTANDING THE FACT THAT SUCH WEAPONS MAY NOT BE THE TYPE THE
53 EMPLOYEE WOULD OTHERWISE BE LICENSED OR AUTHORIZED TO POSSESS UNDER NEW
54 YORK LAW. WHEN AN EMPLOYEE IS CONDUCTING BUSINESS ON BEHALF OF A
55 GUNSMITH OR DEALER IN FIREARMS AT ANY LOCATION OTHER THAN THE PREMISES
56 WHERE SUCH EMPLOYEE WORKS, THE EMPLOYEE SHALL HAVE IN HIS OR HER
A. 192 3
1 POSSESSION A COPY OF HIS OR HER EMPLOYMENT CERTIFICATE OR VALID LICENSE
2 ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS
3 ARTICLE OR DOCUMENTATION OF THE EMPLOYEE'S EXEMPTION BASED ON PRIOR
4 EMPLOYMENT. COPIES OF SUCH CERTIFICATES OR LICENSES OR DOCUMENTATION OF
5 EXEMPTION SHALL BE MAINTAINED BY THE GUNSMITH OR DEALER IN FIREARMS ON
6 THE PREMISES WHERE SUCH EMPLOYEE WORKS. ALL CERTIFICATES, LICENSES,
7 DOCUMENTATION AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED
8 UPON REQUEST BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO
9 HIS OR HER SPECIAL DUTIES.
10 (F) FOR THE PURPOSE OF THIS SUBDIVISION, THE TERM HANDLING SHALL NOT
11 INCLUDE MOVING OR CARRYING, IN THE NORMAL COURSE OF BUSINESS, A SECURED
12 CRATE OR CONTAINER THAT CONTAINS A FIREARM OR FIREARMS, FROM ONE
13 LOCATION TO ANOTHER WITHIN THE PREMISES OF A GUNSMITH OR DEALER IN
14 FIREARMS.
15 (G) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
16 VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
17 FIREARMS.
18 S 3. This act shall take effect on the one hundred eightieth day after
19 it shall have become a law, except that the division of criminal justice
20 services shall promulgate any rules or regulations or approve any forms
21 necessary for applications for employment certificates to be submitted
22 to and approved by such division and for employment certificates to be
23 issued by such division pursuant to subdivision 12-b of section 400.00
24 of the penal law as added by section two of this act, and shall begin to
25 issue such certificates to qualifying employees before the one hundred
26 eightieth day after this act shall have become a law.
