Bill Text: NY S01831 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S01831 Detail]

Download: New_York-2019-S01831-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1831
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced by Sens. GIANARIS, ADDABBO, BRESLIN, CARLUCCI, KRUEGER, MONT-
          GOMERY,  RIVERA,  SERRANO, STAVISKY -- read twice and ordered printed,
          and when  printed  to  be  committed  to  the  Committee  on  Consumer
          Protection
        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
    22    2.  such  dealer has received notice that the purchaser has passed all
    23  background checks required by federal, state and local law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04043-01-9
        S. 1831                             2
     1    § 827. Exemptions. Section eight hundred twenty-six  of  this  article
     2  shall not apply to:
     3    1.  any  law  enforcement or correctional agency, or police officer or
     4  corrections officer acting within the course or  scope  of  his  or  her
     5  employment;
     6    2.  any  federal  officer or employee authorized to possess or carry a
     7  firearm in the course of his or her duties, and any member of the  armed
     8  forces of the United States or the national guard;
     9    3.  any  manufacturer,  distributor  or dealer of firearms when trans-
    10  ferring weapons to a manufacturer, distributor or dealer;
    11    4. any gunsmith licensed pursuant to section 400.00 of the penal  law,
    12  receiving a firearm for service or repair; and
    13    5.  any  common  carrier or other person engaged, in the course of its
    14  business, in the business of storing or transporting goods.
    15    § 828. Penalty. Any person who violates the provisions of this article
    16  shall be guilty of a class A misdemeanor.
    17    § 2. This act shall take effect on the first of January next  succeed-
    18  ing the date on which it shall have become a law.