Bill Text: NY A04261 | 2023-2024 | General Assembly | Amended


Bill Title: Establishes a ten business day waiting period from contact of the New York State National Instant Background Check System (NYS NICS) before a firearm, shotgun or rifle may be delivered to a person.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-01-31 - print number 4261a [A04261 Detail]

Download: New_York-2023-A04261-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4261--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by  M. of A. PAULIN, DINOWITZ, DICKENS, SEAWRIGHT, L. ROSEN-
          THAL, ZINERMAN -- read once and referred to the Committee on Codes  --
          recommitted to the Committee on Codes in accordance with Assembly Rule
          3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the penal law and the general business law, in  relation
          to  establishing  a  waiting period before a firearm, shotgun or rifle
          may be delivered to a person

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

     1    Section  1.  Subdivision  12  of  section  400.00 of the penal law, as
     2  amended by chapter 207 of the laws  of  2022,  is  amended  to  read  as
     3  follows:
     4    12. Records required of gunsmiths and dealers in firearms. In addition
     5  to  the  requirements set forth in article thirty-nine-BB of the general
     6  business law, any person licensed as  gunsmith  or  dealer  in  firearms
     7  shall  keep a record book approved as to form, except in the city of New
     8  York, by the superintendent of state police. In the record book shall be
     9  entered at the time of every transaction involving a firearm  the  date,
    10  name, age, occupation and residence of any person from whom a firearm is
    11  received  or  to  whom  a  firearm  is delivered, and the calibre, make,
    12  model, manufacturer's name and serial number,  or  if  none,  any  other
    13  distinguishing  number  or  identification  mark on such firearm. Before
    14  delivering a firearm to any person, the licensee shall  require  him  to
    15  produce  either  a  license valid under this section to carry or possess
    16  the same, or proof of lawful authority as an exempt person  pursuant  to
    17  section  265.20  of  this chapter and [either] (a) [the National Instant
    18  Criminal Background Check System (NICS) or its successor  has  issued  a
    19  "proceed" response to the licensee, or (b) thirty calendar] ten business
    20  days  have  elapsed since the date the licensee contacted [NICS] the New
    21  York State National Instant Background Check System ("NYS NICS") or  its

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08360-03-4

        A. 4261--A                          2

     1  successor  to  initiate a national instant criminal background check and
     2  (b) NYS NICS has [not notified]  issued  a  "proceed"  response  to  the
     3  licensee [that]. If, after thirty calendar days, NYS NICS has not issued
     4  a  response  to  the  licensee for the person requesting transfer of the
     5  firearm, the licensee may transfer the firearm to such person [should be
     6  denied] at the licensee's discretion.  In addition, before delivering  a
     7  firearm  to  a  peace  officer,  the licensee shall verify that person's
     8  status as a peace officer with  the  division  of  state  police.  After
     9  completing  the  foregoing,  the  licensee  shall  remove and retain the
    10  attached coupon and enter in the record book the date of  such  license,
    11  number,  if  any,  and name of the licensing officer, in the case of the
    12  holder of a license to carry or possess, or the shield or other  number,
    13  if  any,  assignment  and  department, unit or agency, in the case of an
    14  exempt person. The original transaction report shall be forwarded to the
    15  division of state police within ten days of delivering a firearm to  any
    16  person,  and  a duplicate copy shall be kept by the licensee. The super-
    17  intendent of state police  may  designate  that  such  record  shall  be
    18  completed  and transmitted in electronic form. A dealer may be granted a
    19  waiver from transmitting such records in electronic form if  the  super-
    20  intendent  determines that such dealer is incapable of such transmission
    21  due to technological limitations that  are  not  reasonably  within  the
    22  control  of  the dealer, or other exceptional circumstances demonstrated
    23  by the dealer, pursuant to a process established in regulation,  and  at
    24  the  discretion  of the superintendent.   Records assembled or collected
    25  for purposes of inclusion in the database created  pursuant  to  section
    26  400.02  of  this  article shall not be subject to disclosure pursuant to
    27  article six of the public officers law. The record book shall  be  main-
    28  tained  on the premises mentioned and described in the license and shall
    29  be open at all reasonable hours for inspection  by  any  peace  officer,
    30  acting  pursuant  to his special duties, or police officer. In the event
    31  of cancellation or revocation of the license for gunsmith or  dealer  in
    32  firearms,  or discontinuance of business by a licensee, such record book
    33  shall be immediately surrendered to the licensing officer in the city of
    34  New York, and in the counties of Nassau and Suffolk,  and  elsewhere  in
    35  the state to the executive department, division of state police.
    36    §  2.  Section 400.20 of the penal law, as added by chapter 129 of the
    37  laws of 2019, is amended to read as follows:
    38  § 400.20 Waiting period in connection with the sale  or  transfer  of  a
    39             rifle or shotgun.
    40    When a national instant criminal background check is required pursuant
    41  to  state  or  federal  law  to  be conducted through the New York State
    42  National Instant [Criminal] Background Check System [(NICS)] (NYS  NICS)
    43  or  its  successor in connection with the sale or transfer of a rifle or
    44  shotgun to any person, before delivering a  rifle  or  shotgun  to  such
    45  person, [either] (a) [NICS has issued a "proceed" response to the seller
    46  or  transferor,  or  (b)  thirty  calendar] ten business days shall have
    47  elapsed since the date the seller or  transferor  contacted  [NICS]  NYS
    48  NICS  to  initiate  a national instant criminal background check and (b)
    49  NYS NICS has [not notified] issued a "proceed" response to the seller or
    50  transferor [that].  If, after thirty calendar days,  NYS  NICS  has  not
    51  issued  a response to the seller or transferor for the person requesting
    52  transfer of the rifle or shotgun, the seller or transferor may  transfer
    53  the  rifle or shotgun to such person [should be denied] at the seller or
    54  transferor's discretion.

        A. 4261--A                          3

     1    § 3. Subdivision 1 of section 897 of  the  general  business  law,  as
     2  amended  by  chapter  129  of  the  laws  of 2019, is amended to read as
     3  follows:
     4    1. A national instant criminal background check shall be conducted and
     5  no  person  shall  sell or transfer a firearm, rifle or shotgun at a gun
     6  show, except in accordance with the  provisions  of  18  U.S.C.  922(t),
     7  provided  that  before  delivering  a  firearm,  rifle or shotgun to any
     8  person, [either] (a) [the National  Instant  Criminal  Background  Check
     9  System  (NICS)  or  its successor has issued a "proceed" response to the
    10  seller or transferor, or (b) thirty calendar] ten  business  days  shall
    11  have  elapsed  since  the date the seller or transferor contacted [NICS]
    12  the New York State National Instant Background Check System ("NYS NICS")
    13  or its successor to initiate  a  national  instant  criminal  background
    14  check and NYS NICS has [not notified] issued a "proceed" response to the
    15  seller  or  transferor [that].  If, after thirty calendar days, NYS NICS
    16  has not issued a response to the seller or  transferor  for  the  person
    17  requesting  transfer  of  the  firearm,  rifle or shotgun, the seller or
    18  transferor may transfer the firearm, rifle or  shotgun  to  such  person
    19  [should be denied] at the seller or transferor's discretion.
    20    §  4. Subdivisions 1 and 2 of section 898 of the general business law,
    21  subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi-
    22  sion 2 as amended by chapter 371 of the laws of  2022,  are  amended  to
    23  read as follows:
    24    1. In addition to any other requirements pursuant to state and federal
    25  law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
    26  shall be conducted in accordance with this  section  unless  such  sale,
    27  exchange  or  disposal  is  conducted  by  a licensed importer, licensed
    28  manufacturer or licensed dealer, as those terms are defined in 18 USC  §
    29  922,  when such sale, exchange or disposal is conducted pursuant to that
    30  person's federal firearms license or such sale, exchange or disposal  is
    31  between  members  of  an  immediate  family.  When  a  sale, exchange or
    32  disposal is conducted pursuant to a person's federal  firearms  license,
    33  before  delivering  a  firearm, rifle or shotgun to any person, [either]
    34  (a) [the National Instant Criminal Background Check System (NICS) or its
    35  successor has issued a "proceed" response to the federal firearms licen-
    36  see, or (b) thirty calendar] ten business days shall have elapsed  since
    37  the  date  the  federal  firearms licensee contacted [NICS] the New York
    38  State National Instant Background  Check  System  ("NYS  NICS")  or  its
    39  successor  to  initiate a national instant criminal background check and
    40  (b) NYS NICS has [not notified]  issued  a  "proceed"  response  to  the
    41  federal  firearms  licensee [that].  If, after thirty calendar days, NYS
    42  NICS has not issued a response to the federal firearms licensee for  the
    43  person requesting transfer of the firearm, rifle or shotgun , the feder-
    44  al  firearm  licensee may transfer the firearm, rifle or shotgun to such
    45  person [should be denied] at the federal firearm licensee's  discretion.
    46  For  purposes  of  this  section, "immediate family" shall mean spouses,
    47  domestic partners, children and step-children.
    48    2. Before any sale, exchange or disposal pursuant to this  article,  a
    49  national instant criminal background check must be completed by a dealer
    50  who  shall  submit a request to the division of state police pursuant to
    51  section two hundred twenty-eight of the executive law  to  conduct  such
    52  check.  Before  a  dealer who has submitted a request to the division of
    53  state police to conduct a national  instant  criminal  background  check
    54  delivers  a  firearm, rifle or shotgun to any person, [either] (a) [NICS
    55  shall have issued a "proceed" response,  or  (b)  thirty  calendar]  ten
    56  business  days  shall have elapsed since the date the dealer submitted a

        A. 4261--A                          4

     1  request to the division of state police to contact the [NICS]  NYS  NICS
     2  or  its  successor  to  initiate  a national instant criminal background
     3  check and (b) NYS NICS has [not notified] issued a "proceed" response to
     4  the  [division  of  state police that] dealer. If, after thirty calendar
     5  days, NYS NICS has not issued a response to the dealer  for  the  person
     6  requesting  transfer  of  the  firearm, rifle or shotgun, the dealer may
     7  transfer the firearm, rifle or shotgun to such person [should be denied]
     8  at the dealer's discretion.
     9    § 5. This act shall take effect on the sixtieth  day  after  it  shall
    10  have become a law.
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