Bill Text: NY S01235 | 2021-2022 | General Assembly | Amended

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Bill Title: Establishes a 10 day waiting period for the purchase of any firearm; establishes violations of such provisions shall constitute a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Engrossed - Dead) 2022-03-03 - PRINT NUMBER 1235A [S01235 Detail]

Download: New_York-2021-S01235-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1235--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021
                                       ___________

        Introduced  by Sens. GIANARIS, ADDABBO, BIAGGI, BRESLIN, GAUGHRAN, JACK-
          SON, KAPLAN, KRUEGER, RIVERA, SEPULVEDA,  SERRANO,  STAVISKY  --  read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the general business law, in relation to establishing  a
          waiting period for the purchase of a firearm

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

     1    Section 1. The general business law is amended by adding a new article
     2  38-B to read as follows:
     3                                ARTICLE 38-B
     4                       WAITING PERIOD FOR PURCHASE OF
     5                                  FIREARMS
     6  Section 825. Definitions.
     7          826. Waiting period.
     8          827. Exemptions.
     9          828. Penalty.
    10    § 825. Definitions. As used in this section:
    11    1.  "Dealer in firearms" has the same meaning as that term is  defined
    12  in subdivision nine of section 265.00 of the penal law.
    13    2.  "Firearm" has the same meaning as that term is defined in subdivi-
    14  sion three of section 265.00 of the penal law.
    15    § 826. Waiting  period.  No  dealer  in  firearms  shall  deliver  any
    16  firearm, and no person shall take possession of any firearm from a deal-
    17  er in firearms unless:
    18    1.  ten  days  have  elapsed  from  the date such dealer initiated the
    19  national instant criminal background check of the purchaser as  required
    20  by  18  U.S.C.  §  922(t),  after receiving a completed federal Firearms
    21  Transaction Record, Form 4473, from the purchaser; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03103-02-2
        S. 1235--A                          2

     1    2. such dealer has received notice that the purchaser has  passed  all
     2  background checks required by federal, state and local law.
     3    §  827.  Exemptions.  Section eight hundred twenty-six of this article
     4  shall not apply to:
     5    1. any law enforcement or correctional agency, or  police  officer  or
     6  corrections  officer  acting  within  the  course or scope of his or her
     7  employment;
     8    2. any federal officer or employee authorized to possess  or  carry  a
     9  firearm  in the course of his or her duties, and any member of the armed
    10  forces of the United States or the national guard;
    11    3. any manufacturer, distributor or dealer  of  firearms  when  trans-
    12  ferring weapons to a manufacturer, distributor or dealer;
    13    4.  any gunsmith licensed pursuant to section 400.00 of the penal law,
    14  receiving a firearm for service or repair;
    15    5. any common carrier or other person engaged, in the  course  of  its
    16  business, in the business of storing or transporting goods; and
    17    6.  firearms  loaned  or  leased  solely for use as a prop in a motion
    18  picture, streaming, television, video, theatrical, or  other  production
    19  or  event when the firearm is not loaded with ammunition and the loan or
    20  lease is made by a licensed dealer in firearms in the state of New York.
    21  Ammunition shall not include blank ammunition consisting of a charge and
    22  no projectile.
    23    § 828. Penalty. Any person who violates the provisions of this article
    24  shall be guilty of a class A misdemeanor.
    25    § 2. This act shall take effect on the first of January next  succeed-
    26  ing the date on which it shall have become a law.