Bill Text: NY A01054 | 2019-2020 | General Assembly | Amended


Bill Title: Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training; prohibits straw purchases; imposes additional license conditions.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2019-09-09 - print number 1054a [A01054 Detail]

Download: New_York-2019-A01054-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1054--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2019
                                       ___________

        Introduced by M. of A. PAULIN, RAMOS, LIFTON, ENGLEBRIGHT, L. ROSENTHAL,
          ABINANTI, COLTON, DINOWITZ, JAFFEE, STECK, SEAWRIGHT, FAHY, SCHIMMING-
          ER,  SIMOTAS  --  Multi-Sponsored by -- M. of A. ARROYO, CRESPO, GOTT-
          FRIED, MAGNARELLI -- read  once  and  referred  to  the  Committee  on
          Economic  Development  --  committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the general business law and the penal law, in  relation
          to preventing the sale of firearms, rifles, and shotguns to criminals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by finds and declares as follows:
     3    1. Firearms, rifles and shotguns are used to kill over 30,000 individ-
     4  uals in the United States every year, including 1,000 individuals in New
     5  York state alone. Additionally, there  are  100,000  non-fatal  injuries
     6  across  the  country.  The  federal  government has largely ignored this
     7  public health crisis and has left it up to state and  local  governments
     8  to protect its citizens. Firearm violence also costs billions of dollars
     9  and  causes  incalculable  emotional  damage,  devastating  families and
    10  communities throughout the country.  Therefore, the state  of  New  York
    11  has  a  strong interest in reducing violence and crimes that involve the
    12  use of firearms and the illegal trafficking of  firearms.  Illegal  guns
    13  obtained  throughout  the  state end up in the hands of criminals, youth
    14  and violent individuals who use them to threaten, maim and kill.
    15    2. There is a thriving underground market for illegal firearms, large-
    16  ly driven by demand from drug gangs and other criminals. A highly  effi-
    17  cient  and  continuous  business  practice  exists in which firearms are
    18  moved from legal manufacture and sale to prohibited  purchasers,  making
    19  them  illegal  firearms.    According to a recent report of the New York
    20  state attorney general, 52,915 crime guns were recovered by law enforce-
    21  ment in New York between 2010-2015.  Target  on  Trafficking,  New  York

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00636-03-9

        A. 1054--A                          2

     1  Crime  Gun  Analysis,  October  2016  ("2016 AG Report"). Of these crime
     2  guns, 13,188 or 24.9% were long guns. Outside New York City,  long  guns
     3  are  sold without a permit. The 2016 AG Report further found that 90% of
     4  the  crime  guns recovered were recovered in seven distinct markets: New
     5  York City, the lower Hudson Valley (including  the  cities  of  Yonkers,
     6  White  Plains, Newburgh and Poughkeepsie), the Capital Region (including
     7  Albany, Troy and Schenectady), Syracuse, Rochester and Buffalo.  74%  of
     8  the  crime  guns  recovered  were  from  out of state. Yet a significant
     9  portion of guns involved in crimes upstate originate within  the  state.
    10  For  example,  according to the 2016 AG Report, 41% of crime guns in the
    11  Buffalo area and 56% of crime guns  in  the  Rochester  area  originated
    12  within New York state.
    13    3.  Youth are particularly at risk of being killed with guns.  Accord-
    14  ing to the Centers for Disease Control and Prevention,  in  2010  alone,
    15  116  children  and teens (under the age of 19) died from gun violence in
    16  New York state.
    17    4. A substantial portion of illegal firearms are diverted to the ille-
    18  gal market through licensed gun dealers. Rogue gun dealers  play  a  key
    19  role  in  this  market.  These  rogue dealers funnel guns to the illegal
    20  market through a variety of channels. One of the most common means is to
    21  allow "straw purchases". A straw purchase occurs when a person purchases
    22  a gun on behalf of a prohibited person.  In 2000, the Bureau of Alcohol,
    23  Tobacco, Firearms, and Explosives (ATF) conducted  an  investigation  of
    24  gun  trafficking  from  July 1996 to December 1998 and found that almost
    25  26,000 trafficked firearms were associated with investigations in  which
    26  there  was  a  straw  purchaser.  Almost 50% of all trafficking investi-
    27  gations involved straw purchasers, with an average of 37 firearms  traf-
    28  ficked  per investigation.  Another issue, according to a 2008 report by
    29  Mayors Against Illegal Guns, Inside Straw Purchasing: How Criminals  Get
    30  Guns  Illegally, is that many traffickers return to the same store again
    31  and again once they have identified it as one in  which  they  can  make
    32  straw purchases easily.  According to the ATF, 1% of gun dealers are the
    33  source of almost 60% of crime guns.
    34    5.    Although  most  gun dealers operate their businesses legally and
    35  responsibly, some gun dealers who are corrupt or maintain shoddy record-
    36  keeping practices flood the streets with illegal weapons as a result  of
    37  their  unrestricted access to new gun inventory and the unwillingness of
    38  gun manufacturers to terminate their  supply  to  these  rogue  dealers.
    39  Current  federal  and state regulation has not curbed the business prac-
    40  tice of illegal gun dealers. According to a 2004 study by Americans  for
    41  Gun  Safety,  of  the 120 worst gun dealers in the country, namely those
    42  dealers with an average of 500 crime guns traced to them, 96 were  still
    43  in operation.
    44    6.  Moreover,  this  problem is not limited to unlicensed sellers, and
    45  clearly includes federal firearms  licensees  (FFLs).  Indeed,  although
    46  FFLs were involved in under 10% of the trafficking investigations under-
    47  taken  by  ATF, they were associated with the largest number of diverted
    48  firearms--over 40,000 guns, which is nearly half of the total number  of
    49  trafficked  firearms  documented during the two-year period of the ATF's
    50  investigation.  Additionally, a 2010 report by  Mayors  Against  Illegal
    51  Guns  indicated  that  several  states  which allow state authorities to
    52  supplement the federal ATF inspection with routine  inspections  provide
    53  law  enforcement with more opportunities to uncover dealers in violation
    54  of the law.  These inspections also help identify dealers  who  exercise
    55  lax  oversight  over their inventory and may lead to improved compliance
    56  with federal, state, and local laws.

        A. 1054--A                          3

     1    7. Current state  law  governing  firearm  dealers  is  inadequate  to
     2  prevent  the  diversion  of  firearms to the illegal marketplace.  Addi-
     3  tional protections that are needed include,  but  are  not  limited  to,
     4  better  gun dealer internal compliance procedures, programs to eliminate
     5  straw  purchases, improved security measures, reducing youth access, and
     6  mandatory training for gun dealer employees.  The additional protections
     7  set forth in this act will greatly enhance the state's efforts to reduce
     8  criminal activity in the state.
     9    § 2. The general business law is amended by adding a new article 39-BB
    10  to read as follows:
    11                                 ARTICLE 39-BB
    12                      PREVENTING THE SALE OF FIREARMS,
    13                      RIFLES, AND SHOTGUNS TO CRIMINALS
    14  Section 875-a. Definitions.
    15          875-b. Reasonable measures to prevent sales and
    16                  transfers to criminals.
    17          875-c. Security.
    18          875-d. Access to firearms, rifles, and shotguns.
    19          875-e. Location of firearm, rifle, and shotgun sales.
    20          875-f. Employee training.
    21          875-g. Maintenance of records.
    22          875-h. Internal compliance and certification.
    23          875-i. Rules and regulations.
    24          875-j. Violations.
    25    § 875-a. Definitions. For the purposes of this article:
    26    1. "Dealer" means  any  person,  firm,  partnership,  corporation,  or
    27  company  who engages in the business of purchasing, selling, keeping for
    28  sale, lending, leasing, or in any  manner  disposing  of,  any  firearm,
    29  rifle, or shotgun.
    30    2.  "Dispose  of"  means  to dispose of, give, give away, lease, lend,
    31  keep for sale, offer, offer  for  sale,  sell,  transfer,  or  otherwise
    32  dispose of.
    33    3.  "Firearm" has the same meaning as that term is defined in subdivi-
    34  sion three of section 265.00 of the penal law.
    35    4. "Firearm exhibitor" means any  person,  firm,  partnership,  corpo-
    36  ration,  or company that exhibits, sells, offers for sale, transfers, or
    37  exchanges firearms, rifles, or shotguns at a gun show.
    38    5. "Retail dealer" means any dealer engaged in the retail business  of
    39  selling firearms, rifles, or shotguns.
    40    6. "Rifle" has the same meaning as that term is defined in subdivision
    41  eleven of section 265.00 of the penal law.
    42    7.  "Shotgun" has the same meaning as that term is defined in subdivi-
    43  sion twelve of section 265.00 of the penal law.
    44    8. "Straw purchase" means the purchase, or attempt to purchase,  by  a
    45  person  of a firearm, rifle, shotgun or ammunition for, on behalf of, or
    46  for the use of another person, knowing that it  would  be  unlawful  for
    47  such other person to possess such firearm, rifle, shotgun or ammunition,
    48  or an attempt to make such a purchase.
    49    9.  "Straw  purchaser"  means  a  person who, knowing that it would be
    50  unlawful for another person to possess  a  firearm,  rifle,  shotgun  or
    51  ammunition,  purchases or attempts to purchase a firearm, rifle, shotgun
    52  or ammunition for, on behalf of, or for the use of such other person.
    53    10. "Superintendent" means the superintendent of state police.
    54    § 875-b. Reasonable measures to prevent sales and transfers to  crimi-
    55  nals.  Every dealer shall adopt reasonable measures to prevent firearms,
    56  rifles,  and  shotguns  from  being  diverted  from  the legal stream of

        A. 1054--A                          4

     1  commerce, intentionally or  otherwise,  for  later  sale,  transfer,  or
     2  disposal to individuals not legally entitled to purchase or possess such
     3  weapons.  Such  measures  shall  include,  but  need  not be limited to,
     4  programs  to eliminate sales to straw purchasers and to otherwise thwart
     5  illegal gun  trafficking.  The  superintendent  shall  develop  programs
     6  designed  to eliminate sales to straw purchasers and to otherwise thwart
     7  illegal gun trafficking. Within six months of the effective date of this
     8  article, the superintendent shall submit a  report  to  the  legislature
     9  detailing such programs, including establishing minimum requirements for
    10  such programs.
    11    §  875-c.  Security. 1.   Every dealer shall implement a security plan
    12  for securing firearms, rifles and shotguns, including  firearms,  rifles
    13  and  shotguns  in shipment. The plan must satisfy at least the following
    14  requirements:
    15    (a) display cases shall be locked at all times except when removing  a
    16  single firearm, rifle or shotgun to show a customer, and customers shall
    17  handle firearms, rifles or shotguns only under the direct supervision of
    18  an employee;
    19    (b)  all  firearms,  rifles  and shotguns shall be secured, other than
    20  during business hours, in a  locked  fireproof  safe  or  vault  in  the
    21  licensee's  business  premises  or in a similar secured and locked area;
    22  and
    23    (c) ammunition shall be stored separately from  the  firearms,  rifles
    24  and shotguns and out of reach of the customers.
    25    2.  (a)  The  permitted business location shall be secured by an alarm
    26  system that is installed and maintained by  an  alarm  company  operator
    27  properly  licensed pursuant to state law. The alarm system must be moni-
    28  tored by a central station listed by  Underwriters  Laboratories,  Inc.,
    29  and  covered  by  an active Underwriters Laboratories, Inc. alarm system
    30  certificate with a #3 extent of protection.
    31    (b)  Underwriters  Laboratories,  Inc.  uses  the  term   "extent   of
    32  protection"  to  refer  to  the  amount of alarm protection installed to
    33  protect a particular area, room or container. Systems with a  #3  extent
    34  of  protection  include complete protection for all accessible openings,
    35  and partial motion and sound detection at certain  other  areas  of  the
    36  premises.  More information may be found in: Central Station Alarm Asso-
    37  ciation, A Practical Guide to Central Station Burglar Alarm Systems (3rd
    38  ed. 2005).
    39    § 875-d. Access to firearms, rifles, and shotguns. Every retail dealer
    40  shall exclude all  persons  under  eighteen  years  of  age  from  those
    41  portions of its premises where firearms, rifles, shotguns, or ammunition
    42  are  stocked  or  sold, unless such person is accompanied by a parent or
    43  guardian.
    44    § 875-e. Location of firearm, rifle, and shotgun sales.  Every  dealer
    45  shall  sell  or otherwise dispose of firearms, rifles, and shotguns only
    46  at the location listed on the dealer's federal firearms  license  or  at
    47  gun shows.
    48    § 875-f. Employee training. Every retail dealer shall provide training
    49  to  all  employees  and  other  personnel  engaged in the retail sale of
    50  firearms, rifles, and shotguns relating to:
    51    1. the law governing firearm, rifle, and shotgun transfers by  federal
    52  firearms licensees and individuals;
    53    2.  how  to  recognize  straw purchases and other attempts to purchase
    54  firearms, rifles, shotguns or ammunition illegally; and

        A. 1054--A                          5

     1    3. how to teach consumers rules  of  gun  safety,  including  but  not
     2  limited  to the safe handling and storage of firearms, rifles, and shot-
     3  guns.
     4    No  employee  or  agent  of any retail dealer shall participate in the
     5  sale or disposition of firearms, rifles, or shotguns unless such  person
     6  is  at least twenty-one years of age and has first received the training
     7  required by this section.  The  superintendent  shall  promulgate  regu-
     8  lations  setting  forth  minimum  requirements  for  the  maintenance of
     9  records of such training.
    10    § 875-g.  Maintenance of records. Every  dealer  shall  establish  and
    11  maintain  such purchase, sale, inventory, and other records at the deal-
    12  er's place of business in such form and for such period  as  the  super-
    13  intendent  shall  require, and shall submit such records to the New York
    14  state police every April and October. Such records shall  at  a  minimum
    15  include the following:
    16    1.  every  dealer  shall record the make, model, caliber or gauge, and
    17  serial number of all rifles and shotguns that are acquired  or  disposed
    18  of  not  later than one business day after their acquisition or disposi-
    19  tion. Monthly backups of these records shall be maintained in  a  secure
    20  container designed to prevent  loss by fire, theft, or other mishap;
    21    2.  all  rifles  and shotguns acquired but not yet disposed of must be
    22  accounted for through an inventory check prepared once  each  month  and
    23  maintained in a secure location;
    24    3.  rifle  and shotgun sales information, including the serial numbers
    25  of rifles and shotguns sold, dates of sale, and identity of  purchasers,
    26  shall  be  maintained  and  made available to government law enforcement
    27  agencies and to the manufacturer of the weapon or its designee; and
    28    4. every dealer shall maintain records of criminal rifle  and  shotgun
    29  traces initiated by the federal bureau of alcohol, tobacco, firearms and
    30  explosives  ("ATF").  All  ATF  Form  4473  transaction records shall be
    31  retained on  the  dealer's  business  premises  in  a  secure  container
    32  designed to prevent loss by fire, theft, or other mishap.
    33    § 875-h. Internal compliance and certification. 1. Every dealer shall:
    34    (a)  implement  and maintain sufficient internal compliance procedures
    35  to ensure compliance with the  requirements  of  this  article  and  all
    36  applicable  federal, state, and local laws and regulations governing the
    37  sale, transfer, and disposal of firearms, rifles, and shotguns; and
    38    (b) annually certify  to  the  superintendent  that  such  dealer  has
    39  complied  with  all of the requirements of this article. The superinten-
    40  dent shall by regulation determine the form and content of  such  annual
    41  certification.
    42    2.  The superintendent shall promulgate regulations establishing peri-
    43  odic inspections, during regular and usual business hours, by the  divi-
    44  sion  of  state  police  of  the  premises  of every dealer to determine
    45  compliance by such dealer with the requirements of this  article.  Every
    46  dealer  shall  provide  the division of state police with full access to
    47  such dealer's premises for such inspections.
    48    § 875-i. Rules and regulations. The superintendent may promulgate such
    49  additional rules and regulations as the superintendent shall deem neces-
    50  sary to prevent firearms, rifles, and shotguns from being diverted  from
    51  the legal stream of commerce.
    52    §  875-j.  Violations.  Any person, firm, or corporation who knowingly
    53  violates any provision of this article shall be  guilty  of  a  class  A
    54  misdemeanor  punishable  as  provided for in the penal law, and shall be
    55  guilty of a class E felony for a second violation occurring within  five

        A. 1054--A                          6

     1  years  of  a  prior  conviction for a violation of any provision of this
     2  article.
     3    §  3.  Subdivision 1 of section 400.00 of the penal law, as amended by
     4  chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
     5  the laws of 2018, is amended to read as follows:
     6    1. Eligibility. No license shall be issued or renewed pursuant to this
     7  section except by the licensing officer, and then  only  after  investi-
     8  gation  and  finding  that  all statements in a proper application for a
     9  license are true. No license shall be issued or renewed  except  for  an
    10  applicant  (a) twenty-one years of age or older, provided, however, that
    11  where such applicant has  been  honorably  discharged  from  the  United
    12  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    13  national guard of the state of New York, no such age  restriction  shall
    14  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
    15  anywhere of a felony or a serious offense or who is not the  subject  of
    16  an outstanding warrant of arrest issued upon the alleged commission of a
    17  felony  or  serious offense; (d) who is not a fugitive from justice; (e)
    18  who is not an unlawful user of or addicted to any  controlled  substance
    19  as  defined  in section 21 U.S.C. 802; (f) who being an alien (i) is not
    20  illegally or unlawfully in the United States or (ii) has not been admit-
    21  ted to the United States under a nonimmigrant visa subject to the excep-
    22  tion in 18 U.S.C. 922(y)(2); (g) who has not been  discharged  from  the
    23  Armed Forces under dishonorable conditions; (h) who, having been a citi-
    24  zen  of the United States, has not renounced his or her citizenship; (i)
    25  who has stated whether he or she has ever suffered any  mental  illness;
    26  (j)  who  has  not  been involuntarily committed to a facility under the
    27  jurisdiction of an office of the department of mental  hygiene  pursuant
    28  to  article  nine  or  fifteen  of the mental hygiene law, article seven
    29  hundred thirty or section 330.20 of the criminal procedure law,  section
    30  four  hundred  two  or five hundred eight of the correction law, section
    31  322.2 or 353.4 of the family court act, or has not been civilly confined
    32  in a secure treatment facility pursuant to article  ten  of  the  mental
    33  hygiene law; (k) who has not had a license revoked or who is not under a
    34  suspension  or  ineligibility order issued pursuant to the provisions of
    35  section 530.14 of the criminal procedure law or  section  eight  hundred
    36  forty-two-a  of  the family court act; (l) in the county of Westchester,
    37  who has successfully completed a firearms  safety  course  and  test  as
    38  evidenced  by  a certificate of completion issued in his or her name and
    39  endorsed and affirmed under the penalties of perjury by a  duly  author-
    40  ized  instructor,  except that: (i) persons who are honorably discharged
    41  from the United States army, navy, marine corps or coast  guard,  or  of
    42  the  national  guard  of  the state of New York, and produce evidence of
    43  official qualification in firearms during the term of  service  are  not
    44  required  to  have  completed  those  hours  of a firearms safety course
    45  pertaining to the safe use, carrying, possession, maintenance and  stor-
    46  age of a firearm; and (ii) persons who were licensed to possess a pistol
    47  or  revolver  prior  to  the  effective  date  of this paragraph are not
    48  required to have completed a firearms safety course and  test;  (m)  who
    49  has  not  had  a  guardian  appointed  for  him  or  her pursuant to any
    50  provision of state law, based on a determination that  as  a  result  of
    51  marked  subnormal intelligence, mental illness, incapacity, condition or
    52  disease, he or she lacks the mental capacity to contract or  manage  his
    53  or her own affairs; and (n) concerning whom no good cause exists for the
    54  denial  of  the  license.  No  person  shall  engage  in the business of
    55  gunsmith or dealer in firearms unless licensed pursuant to this section,
    56  and no person shall engage in the business of dealer in firearms  unless

        A. 1054--A                          7

     1  such  person  complies  with the provisions of article thirty-nine-BB of
     2  the general business law.  An applicant to engage in such business shall
     3  also be a citizen of the United States, more than  twenty-one  years  of
     4  age  and  maintain  a  place of business in the city or county where the
     5  license is issued. For such business, if the  applicant  is  a  firm  or
     6  partnership,  each  member thereof shall comply with all of the require-
     7  ments set forth in this subdivision and if the  applicant  is  a  corpo-
     8  ration, each officer thereof shall so comply.
     9    § 4. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
    10  vision 11 as amended by chapter 1 of the laws of 2013 and subdivision 12
    11  as  amended  by  chapter 129 of the laws of 2019, are amended to read as
    12  follows:
    13    11. License: revocation and suspension. (a) The conviction of a licen-
    14  see anywhere of a felony or serious offense or a licensee  at  any  time
    15  becoming ineligible to obtain a license under this section shall operate
    16  as a revocation of the license. A license may be revoked or suspended as
    17  provided  for in section 530.14 of the criminal procedure law or section
    18  eight hundred forty-two-a of the family court act. Except for a  license
    19  issued  pursuant  to  section  400.01  of this article, a license may be
    20  revoked and cancelled at any time in the city of New York,  and  in  the
    21  counties  of Nassau and Suffolk, by the licensing officer, and elsewhere
    22  than in the city of New York by any judge  or  justice  of  a  court  of
    23  record;  a license issued pursuant to section 400.01 of this article may
    24  be revoked and cancelled at any time by the  licensing  officer  or  any
    25  judge  or justice of a court of record. A license to engage in the busi-
    26  ness of dealer may be revoked or suspended  for  any  violation  of  the
    27  provisions  of  article  thirty-nine-BB of the general business law. The
    28  official revoking a license shall give written  notice  thereof  without
    29  unnecessary delay to the executive department, division of state police,
    30  Albany,  and  shall  also notify immediately the duly constituted police
    31  authorities of the locality.
    32    (b) Whenever the director of community services or his or her designee
    33  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
    34  division  of  criminal  justice  services shall convey such information,
    35  whenever it determines that the person named in the report  possesses  a
    36  license  issued  pursuant  to this section, to the appropriate licensing
    37  official, who shall issue an order suspending or revoking such license.
    38    (c) In any instance in  which  a  person's  license  is  suspended  or
    39  revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
    40  shall surrender such license to the appropriate licensing  official  and
    41  any  and  all  firearms,  rifles, or shotguns owned or possessed by such
    42  person shall be surrendered to an appropriate law enforcement agency  as
    43  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
    44  section 265.20 of this chapter. In  the  event  such  license,  firearm,
    45  shotgun,  or  rifle  is not surrendered, such items shall be removed and
    46  declared a nuisance and any  police  officer  or  peace  officer  acting
    47  pursuant  to  his  or her special duties is authorized to remove any and
    48  all such weapons.
    49    12. Records required of gunsmiths and dealers in  firearms.  [Any]  In
    50  addition  to the requirements set forth in article thirty-nine-BB of the
    51  general business law, any person  licensed  as  gunsmith  or  dealer  in
    52  firearms  shall  keep  a  record book approved as to form, except in the
    53  city of New York, by the superintendent of state police. In  the  record
    54  book  shall  be  entered  at  the  time of every transaction involving a
    55  firearm the date, name, age, occupation and residence of any person from
    56  whom a firearm is received or to whom a firearm is  delivered,  and  the

        A. 1054--A                          8

     1  calibre, make, model, manufacturer's name and serial number, or if none,
     2  any  other distinguishing number or identification mark on such firearm.
     3  Before delivering a firearm to any person, the  licensee  shall  require
     4  him  to  produce  either  a license valid under this section to carry or
     5  possess the same, or proof of  lawful  authority  as  an  exempt  person
     6  pursuant  to  section 265.20 of this chapter and either (a) the National
     7  Instant Criminal Background Check System (NICS)  or  its  successor  has
     8  issued a "proceed" response to the licensee, or (b) thirty calendar days
     9  have  elapsed  since  the date the licensee contacted NICS to initiate a
    10  national instant criminal background check and NICS has not notified the
    11  licensee that the transfer of the  firearm  to  such  person  should  be
    12  denied. In addition, before delivering a firearm to a peace officer, the
    13  licensee  shall  verify that person's status as a peace officer with the
    14  division of state police. After completing the foregoing,  the  licensee
    15  shall remove and retain the attached coupon and enter in the record book
    16  the  date  of  such  license,  number, if any, and name of the licensing
    17  officer, in the case of the holder of a license to carry or possess,  or
    18  the  shield  or other number, if any, assignment and department, unit or
    19  agency, in the case of an exempt person. The original transaction report
    20  shall be forwarded to the division of state police within  ten  days  of
    21  delivering  a  firearm to any person, and a duplicate copy shall be kept
    22  by the licensee. The superintendent of state police may  designate  that
    23  such  record  shall  be  completed and transmitted in electronic form. A
    24  dealer may be granted a waiver from transmitting such records  in  elec-
    25  tronic form if the superintendent determines that such dealer is incapa-
    26  ble  of  such transmission due to technological limitations that are not
    27  reasonably within the  control  of  the  dealer,  or  other  exceptional
    28  circumstances  demonstrated  by the dealer, pursuant to a process estab-
    29  lished in regulation, and  at  the  discretion  of  the  superintendent.
    30  Records assembled or collected for purposes of inclusion in the database
    31  created  pursuant to section 400.02 of this article shall not be subject
    32  to disclosure pursuant to article six of the public  officers  law.  The
    33  record  book shall be maintained on the premises mentioned and described
    34  in the license and shall be open at all reasonable hours for  inspection
    35  by  any  peace officer, acting pursuant to his special duties, or police
    36  officer. In the event of cancellation or revocation of the  license  for
    37  gunsmith  or  dealer  in  firearms,  or  discontinuance of business by a
    38  licensee, such record book  shall  be  immediately  surrendered  to  the
    39  licensing officer in the city of New York, and in the counties of Nassau
    40  and  Suffolk,  and  elsewhere  in the state to the executive department,
    41  division of state police.
    42    § 5. Severability. If any clause, sentence, paragraph, section or part
    43  of this act shall be adjudged by any court of competent jurisdiction  to
    44  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    45  remainder thereof, but shall be confined in its operation to the clause,
    46  sentence, paragraph, section or part thereof directly  involved  in  the
    47  controversy in which such judgment shall have been rendered.
    48    §  6.  This  act shall take effect on the ninetieth day after it shall
    49  have become a law; provided that the amendments  to  subdivision  12  of
    50  section  400.00  of the penal law made by section four of this act shall
    51  take effect on the same date and in the same manner as  chapter  129  of
    52  the  laws  of  2019,  takes effect; and provided further that the super-
    53  intendent of the division of state police is authorized and directed  to
    54  immediately  adopt,  amend, and promulgate such rules and regulations as
    55  may be necessary and desirable to effectuate the purposes of section two
    56  of this act.
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