STATE OF NEW YORK
        ________________________________________________________________________
                                          11327
                   IN ASSEMBLY
                                   September 19, 2018
                                       ___________
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
          read once and referred to the Committee on Codes
        AN ACT to amend the penal law and the general business law, in  relation
          to eliminating the default proceed firearm loophole
          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 1 of the laws of 2013, is amended to read as follows:
     3    12.  Records required of gunsmiths and dealers in firearms. Any person
     4  licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
     5  approved  as to form, except in the city of New York, by the superinten-
     6  dent of state police. In the record book shall be entered at the time of
     7  every transaction involving a firearm the date,  name,  age,  occupation
     8  and residence of any person from whom a firearm is received or to whom a
     9  firearm  is delivered, and the calibre, make, model, manufacturer's name
    10  and serial number, or if none, any other distinguishing number or  iden-
    11  tification  mark  on  such  firearm.  Before delivering a firearm to any
    12  person, the licensee shall require him to produce either a license valid
    13  under this section to carry or possess the  same,  or  proof  of  lawful
    14  authority as an exempt person pursuant to section 265.20 of this chapter
    15  and the national instant criminal background check system or its succes-
    16  sor  having  issued a "proceed" response to the dealer. A licensee shall
    17  not deliver a firearm to any person if  the  national  instant  criminal
    18  background  check  system  or its successor issues a response other than
    19  "proceed" to the licensee.  In addition, before delivering a firearm  to
    20  a  peace  officer,  the  licensee shall verify that person's status as a
    21  peace officer with the division of state police.  After  completing  the
    22  foregoing,  the licensee shall remove and retain the attached coupon and
    23  enter in the record book the date of such license, number, if  any,  and
    24  name of the licensing officer, in the case of the holder of a license to
    25  carry  or possess, or the shield or other number, if any, assignment and
    26  department, unit or agency,  in  the  case  of  an  exempt  person.  The
    27  original  transaction report shall be forwarded to the division of state
    28  police within ten days of delivering a firearm  to  any  person,  and  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16459-01-8

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     1  duplicate  copy  shall  be  kept  by the licensee. The superintendent of
     2  state police may designate that such record shall be completed and tran-
     3  smitted in electronic form. A dealer may be granted a waiver from trans-
     4  mitting such records in electronic form if the superintendent determines
     5  that  such dealer is incapable of such transmission due to technological
     6  limitations that are not reasonably within the control of the dealer, or
     7  other exceptional circumstances demonstrated by the dealer, pursuant  to
     8  a process established in regulation, and at the discretion of the super-
     9  intendent.  Records  assembled or collected for purposes of inclusion in
    10  the database created pursuant to section 400.02 of  this  article  shall
    11  not be subject to disclosure pursuant to article six of the public offi-
    12  cers  law. The record book shall be maintained on the premises mentioned
    13  and described in the license and shall be open at all  reasonable  hours
    14  for  inspection  by  any  peace  officer, acting pursuant to his special
    15  duties, or police officer. In the event of cancellation or revocation of
    16  the license for gunsmith or dealer in  firearms,  or  discontinuance  of
    17  business  by  a  licensee, such record book shall be immediately surren-
    18  dered to the licensing officer in the city of New York, and in the coun-
    19  ties of Nassau and Suffolk, and elsewhere in the state to the  executive
    20  department, division of state police.
    21    §  2.  Subdivision  1  of  section 897 of the general business law, as
    22  added by chapter 189 of the laws of 2000, is amended to read as follows:
    23    1. A national instant criminal background check shall be conducted and
    24  no person shall sell or transfer a firearm, rifle or shotgun  at  a  gun
    25  show,  except  in  accordance  with  the provisions of 18 U.S.C. 922(t),
    26  provided that before delivering a  firearm,  rifle  or  shotgun  to  any
    27  person  the  national  instant  criminal  background check system or its
    28  successor shall have issued  a  "proceed"  response  to  the  seller  or
    29  transferor. A seller or transferor shall not deliver a firearm, rifle or
    30  shotgun  to any person if the national instant criminal background check
    31  system or its successor issues a response other than  "proceed"  to  the
    32  seller or transferor.
    33    §  3. Subdivisions 1 and 2 of section 898 of the general business law,
    34  as added by chapter 1 of the laws  of  2013,  are  amended  to  read  as
    35  follows:
    36    1. In addition to any other requirements pursuant to state and federal
    37  law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
    38  shall be conducted in accordance with this  section  unless  such  sale,
    39  exchange  or  disposal  is  conducted  by  a licensed importer, licensed
    40  manufacturer or licensed dealer, as those terms are defined in 18 USC  §
    41  922,  when such sale, exchange or disposal is conducted pursuant to that
    42  person's federal firearms license or such sale, exchange or disposal  is
    43  between  members  of  an  immediate  family.  When  a  sale, exchange or
    44  disposal is conducted pursuant to a person's federal  firearms  license,
    45  before  delivering  a  firearm,  rifle  or  shotgun  to  any person, the
    46  national instant criminal background check system or its successor shall
    47  have issued a "proceed" response to the  federal  firearms  licensee.  A
    48  federal  firearms licensee shall not deliver a firearm, rifle or shotgun
    49  to any person if the national instant criminal background  check  system
    50  or  its successor issues a response  other than "proceed" to the federal
    51  firearms licensee. For purposes  of  this  section,  "immediate  family"
    52  shall mean spouses, domestic partners, children and step-children.
    53    2.  Before  any sale, exchange or disposal pursuant to this article, a
    54  national instant criminal background check must be completed by a dealer
    55  who consents to conduct such check, and upon completion  of  such  back-
    56  ground  check,  shall  complete  a  document, the form of which shall be

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     1  approved by the superintendent of  state  police,  that  identifies  and
     2  confirms  that such check was performed. Before a dealer who consents to
     3  conduct a national instant criminal background check delivers a firearm,
     4  rifle,  or  shotgun  to  any person, the national instant criminal back-
     5  ground check system or its  successor  shall  have  issued  a  "proceed"
     6  response  to  the dealer. A dealer shall not deliver a firearm, rifle or
     7  shotgun to any person if the national instant criminal background  check
     8  system  or  its  successor issues a response other than "proceed" to the
     9  federal firearms licensee.
    10    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    11  have become a law.