S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3280
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M.  of  A. PAULIN, RAMOS, LIFTON, ENGLEBRIGHT, KAVANAGH,
         ROSENTHAL, WRIGHT, SCHIMEL, ABINANTI, COLTON, DINOWITZ, JAFFEE,  KELL-
         NER,  MAYER,  SCARBOROUGH, WEINSTEIN -- Multi-Sponsored by -- M. of A.
         ARROYO, BOYLAND, CLARK, GOTTFRIED, HOOPER, MAGNARELLI -- read once and
         referred to the Committee on Economic Development
       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.  In  2011, according to a review by the federal
   20  Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) of trace data
   21  compiled for several regions in the state,  including  Albany,  Buffalo,
   22  Rochester,  Syracuse,  Long Island and New York City that calendar year,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00353-02-3
       A. 3280                             2
    1  8,793 firearms were submitted to be traced, 2,119  of  which  were  long
    2  guns.  Outside  New  York  City,  long  guns  are sold without a permit.
    3  Fifty-five percent of the firearms recovered from crimes by New York law
    4  enforcement  in  2011  were  found  outside New York City. A significant
    5  portion of guns involved in crimes upstate originate within  the  state.
    6  For  example,  according  to 2009 ATF crime gun trace data, 69% of crime
    7  guns in the Buffalo area and 50% of crime  guns  in  the  Syracuse  area
    8  originated within New York state.
    9    3.  Youth are particularly at risk of being killed with guns.  Accord-
   10  ing to the Children's Defense Fund, in 2009 alone, 97 children and teens
   11  were killed with guns (80 homicide and 17 suicide) in New York state. In
   12  2010, 207 children and teens (under the age of 25)  in  New  York  state
   13  were murdered with guns, and 57 children and teens (under the age of 25)
   14  in New York state committed suicide with a firearm.
   15    4. A substantial portion of illegal firearms are diverted to the ille-
   16  gal  market  through  licensed gun dealers. Rogue gun dealers play a key
   17  role in this market. These rogue dealers  funnel  guns  to  the  illegal
   18  market through a variety of channels. One of the most common means is to
   19  allow "straw purchases". A straw purchase occurs when a person purchases
   20  a  gun  on  behalf of a prohibited person. The ATF conducted an investi-
   21  gation of gun trafficking from July 1996 to December 1998 and found that
   22  almost 26,000 trafficked firearms were associated with investigations in
   23  which there was a straw purchaser. Almost 50% of all trafficking  inves-
   24  tigations  involved  straw  purchasers,  with  an average of 37 firearms
   25  trafficked per investigation.  Another issue, according to a 2008 report
   26  by Mayors Against Illegal Guns, Inside Straw Purchasing:  How  Criminals
   27  Get  Guns  Illegally,  is that many traffickers return to the same store
   28  again and again once they have identified it as one in  which  they  can
   29  make  straw  purchases  easily.   According to the ATF, 1 percent of gun
   30  dealers are the source of almost 60 percent of crime guns.
   31    5.  Although most gun dealers operate  their  businesses  legally  and
   32  responsibly, some gun dealers who are corrupt or maintain shoddy record-
   33  keeping  practices flood the streets with illegal weapons as a result of
   34  their unrestricted access to new gun inventory and the unwillingness  of
   35  gun  manufacturers  to  terminate  their  supply to these rogue dealers.
   36  Current federal and state regulation has not curbed the  business  prac-
   37  tice  of illegal gun dealers. According to a 2004 study by Americans for
   38  Gun Safety, of the 120 worst gun dealers in the  country,  namely  those
   39  dealers  with an average of 500 crime guns traced to them, 96 were still
   40  in operation.
   41    6. Moreover, this problem is not limited to  unlicensed  sellers,  and
   42  clearly  includes  federal  firearms  licensees (FFLs). Indeed, although
   43  FFLs were involved in under 10% of the trafficking investigations under-
   44  taken by ATF, they were associated with the largest number  of  diverted
   45  firearms--over  40,000 guns, which is nearly half of the total number of
   46  trafficked firearms documented during the two-year period of  the  ATF's
   47  investigation.    Additionally,  a 2010 report by Mayors Against Illegal
   48  Guns indicated that several states  which  allow  state  authorities  to
   49  supplement  the  federal ATF inspection with routine inspections provide
   50  law enforcement with more opportunities to uncover dealers in  violation
   51  of  the law.   These inspections also help identify dealers who exercise
   52  lax oversight over their inventory and may lead to  improved  compliance
   53  with federal, state, and local laws.
   54    7.  Current  New  York state laws governing firearm dealers are inade-
   55  quate to prevent the diversion of firearms to the  illegal  marketplace.
   56  Additional  protections that are needed include, but are not limited to,
       A. 3280                             3
    1  better gun dealer internal compliance procedures, programs to  eliminate
    2  straw  purchases, increased liability insurance, improved security meas-
    3  ures, reducing youth access, mandatory training for gun  dealer  employ-
    4  ees, and improved recordkeeping requirements. The additional protections
    5  set forth in this act will greatly enhance the state's efforts to reduce
    6  criminal activity in the state.
    7    S  2. Article 40 and sections 900 and 901 of the general business law,
    8  as renumbered by chapter 407 of the laws of 1973, are renumbered article
    9  50 and sections 1001 and 1002 and a new article 40 is added to  read  as
   10  follows:
   11                                  ARTICLE 40
   12                      PREVENTING THE SALE OF FIREARMS,
   13                      RIFLES, AND SHOTGUNS TO CRIMINALS
   14  SECTION 900. DEFINITIONS.
   15          901. REASONABLE MEASURES TO PREVENT SALES AND
   16                  TRANSFERS TO CRIMINALS.
   17          902. SECURITY.
   18          903. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS.
   19          904. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES.
   20          905. EMPLOYEE TRAINING.
   21          906. RETAIL SALES OF FIREARMS, RIFLES, AND SHOTGUNS.
   22          907. MAINTENANCE OF RECORDS.
   23          908. COOPERATION WITH LAW ENFORCEMENT.
   24          909. INTERNAL COMPLIANCE AND CERTIFICATION.
   25          910. RULES AND REGULATIONS.
   26          911. VIOLATIONS.
   27    S 900. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   28    1.  "DEALER"  MEANS  ANY  PERSON,  FIRM,  PARTNERSHIP, CORPORATION, OR
   29  COMPANY WHO ENGAGES IN THE BUSINESS OF PURCHASING, SELLING, KEEPING  FOR
   30  SALE,  LENDING,  LEASING,  OR  IN  ANY MANNER DISPOSING OF, ANY FIREARM,
   31  RIFLE, OR SHOTGUN.
   32    2. "DISPOSE OF" MEANS TO DISPOSE OF, GIVE,  GIVE  AWAY,  LEASE,  LEND,
   33  KEEP  FOR  SALE,  OFFER,  OFFER  FOR  SALE, SELL, TRANSFER, OR OTHERWISE
   34  DISPOSE OF.
   35    3. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
   36  SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   37    4.  "FIREARM  EXHIBITOR"  MEANS  ANY PERSON, FIRM, PARTNERSHIP, CORPO-
   38  RATION, OR COMPANY THAT EXHIBITS, SELLS, OFFERS FOR SALE, TRANSFERS,  OR
   39  EXCHANGES FIREARMS, RIFLES, OR SHOTGUNS AT A GUN SHOW.
   40    5.  "GUN SHOW" MEANS AN EVENT SPONSORED, WHETHER FOR PROFIT OR NOT, BY
   41  AN INDIVIDUAL, NATIONAL, STATE, OR LOCAL ORGANIZATION,  ASSOCIATION,  OR
   42  OTHER  ENTITY  DEVOTED TO THE COLLECTION, COMPETITIVE USE, SPORTING USE,
   43  OR ANY OTHER LEGAL USE OF FIREARMS, RIFLES, OR SHOTGUNS, OR AN EVENT  AT
   44  WHICH:  (A) TWENTY PERCENT OR MORE OF THE TOTAL NUMBER OF EXHIBITORS ARE
   45  FIREARM EXHIBITORS; (B) TEN OR MORE FIREARM EXHIBITORS  ARE  PARTICIPAT-
   46  ING; (C) A TOTAL OF TWENTY-FIVE OR MORE PISTOLS OR REVOLVERS ARE OFFERED
   47  FOR  SALE OR TRANSFER; OR (D) A TOTAL OF FIFTY OR MORE FIREARMS, RIFLES,
   48  OR SHOTGUNS ARE OFFERED FOR SALE OR TRANSFER. THE TERM "GUN SHOW"  SHALL
   49  INCLUDE  ANY BUILDING, STRUCTURE, OR FACILITY WHERE FIREARMS, RIFLES, OR
   50  SHOTGUNS ARE OFFERED FOR SALE  OR  TRANSFER  AND  ANY  GROUNDS  USED  IN
   51  CONNECTION WITH THE EVENT.
   52    6.  "RETAIL DEALER" MEANS ANY DEALER ENGAGED IN THE RETAIL BUSINESS OF
   53  SELLING FIREARMS, RIFLES, OR SHOTGUNS.
   54    7. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
   55  ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
       A. 3280                             4
    1    8. "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
    2  SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
    3    9.  "STRAW  PURCHASE" MEANS THE PURCHASE, OR ATTEMPT TO PURCHASE, BY A
    4  PERSON OF A FIREARM, RIFLE, OR SHOTGUN FOR, ON BEHALF OF, OR FOR THE USE
    5  OF ANOTHER PERSON, KNOWING THAT IT WOULD  BE  UNLAWFUL  FOR  SUCH  OTHER
    6  PERSON TO POSSESS SUCH FIREARM, RIFLE, OR SHOTGUN, OR AN ATTEMPT TO MAKE
    7  SUCH A PURCHASE.
    8    10.  "STRAW  PURCHASER"  MEANS  A PERSON WHO, KNOWING THAT IT WOULD BE
    9  UNLAWFUL FOR ANOTHER PERSON TO POSSESS A  FIREARM,  RIFLE,  OR  SHOTGUN,
   10  PURCHASES  OR  ATTEMPTS TO PURCHASE A FIREARM, RIFLE, OR SHOTGUN FOR, ON
   11  BEHALF OF, OR FOR THE USE OF SUCH OTHER PERSON.
   12    11. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
   13    S 901. REASONABLE MEASURES TO PREVENT SALES AND  TRANSFERS  TO  CRIMI-
   14  NALS.  EVERY DEALER SHALL ADOPT REASONABLE MEASURES TO PREVENT FIREARMS,
   15  RIFLES,  AND  SHOTGUNS  FROM  BEING  DIVERTED  FROM  THE LEGAL STREAM OF
   16  COMMERCE, INTENTIONALLY OR  OTHERWISE,  FOR  LATER  SALE,  TRANSFER,  OR
   17  DISPOSAL TO INDIVIDUALS NOT LEGALLY ENTITLED TO PURCHASE OR POSSESS SUCH
   18  WEAPONS.  SUCH  MEASURES  SHALL  INCLUDE,  BUT  NEED  NOT BE LIMITED TO,
   19  PROGRAMS TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE  THWART
   20  ILLEGAL  GUN  TRAFFICKING.  THE  SUPERINTENDENT  SHALL  DEVELOP PROGRAMS
   21  DESIGNED TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE  THWART
   22  ILLEGAL GUN TRAFFICKING. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
   23  ARTICLE,  THE  SUPERINTENDENT  SHALL  SUBMIT A REPORT TO THE LEGISLATURE
   24  DETAILING SUCH PROGRAMS, INCLUDING ESTABLISHING MINIMUM REQUIREMENTS FOR
   25  SUCH PROGRAMS.
   26    S 902. SECURITY. EVERY DEALER SHALL  IMPLEMENT  A  SECURITY  PLAN  FOR
   27  SECURING  FIREARMS,  RIFLES AND SHOTGUNS, INCLUDING FIREARMS, RIFLES AND
   28  SHOTGUNS IN SHIPMENT. THE PLAN  MUST  SATISFY  AT  LEAST  THE  FOLLOWING
   29  REQUIREMENTS:
   30    1.  DISPLAY  CASES SHALL BE LOCKED AT ALL TIMES EXCEPT WHEN REMOVING A
   31  SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW A CUSTOMER, AND CUSTOMERS SHALL
   32  HANDLE FIREARMS, RIFLES OR SHOTGUNS ONLY UNDER THE DIRECT SUPERVISION OF
   33  AN EMPLOYEE;
   34    2. ALL FIREARMS, RIFLES AND SHOTGUNS  SHALL  BE  SECURED,  OTHER  THAN
   35  DURING  BUSINESS  HOURS,  IN  A  LOCKED  FIREPROOF  SAFE OR VAULT IN THE
   36  LICENSEE'S BUSINESS PREMISES OR IN A SIMILAR SECURED  AND  LOCKED  AREA;
   37  AND
   38    3. AMMUNITION SHALL BE STORED SEPARATELY FROM THE FIREARMS, RIFLES AND
   39  SHOTGUNS AND OUT OF REACH OF THE CUSTOMERS.
   40    4.  (A)  THE  PERMITTED BUSINESS LOCATION SHALL BE SECURED BY AN ALARM
   41  SYSTEM THAT IS INSTALLED AND MAINTAINED BY  AN  ALARM  COMPANY  OPERATOR
   42  PROPERLY  LICENSED PURSUANT TO STATE LAW. THE ALARM SYSTEM MUST BE MONI-
   43  TORED BY A CENTRAL STATION LISTED BY  UNDERWRITERS  LABORATORIES,  INC.,
   44  AND  COVERED  BY  AN ACTIVE UNDERWRITERS LABORATORIES, INC. ALARM SYSTEM
   45  CERTIFICATE WITH A #3 EXTENT OF PROTECTION.
   46    (B)  UNDERWRITERS  LABORATORIES,  INC.  USES  THE  TERM   "EXTENT   OF
   47  PROTECTION"  TO  REFER  TO  THE  AMOUNT OF ALARM PROTECTION INSTALLED TO
   48  PROTECT A PARTICULAR AREA, ROOM OR CONTAINER. SYSTEMS WITH A  #3  EXTENT
   49  OF  PROTECTION  INCLUDE COMPLETE PROTECTION FOR ALL ACCESSIBLE OPENINGS,
   50  AND PARTIAL MOTION AND SOUND DETECTION AT CERTAIN  OTHER  AREAS  OF  THE
   51  PREMISES.  MORE INFORMATION MAY BE FOUND IN: CENTRAL STATION ALARM ASSO-
   52  CIATION, A PRACTICAL GUIDE TO CENTRAL STATION BURGLAR ALARM SYSTEMS (3RD
   53  ED. 2005).
   54    S 903. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS. EVERY  RETAIL  DEALER
   55  SHALL  EXCLUDE  ALL  PERSONS  UNDER  EIGHTEEN  YEARS  OF  AGE FROM THOSE
   56  PORTIONS OF ITS PREMISES WHERE FIREARMS, RIFLES, SHOTGUNS, OR AMMUNITION
       A. 3280                             5
    1  ARE STOCKED OR SOLD, UNLESS SUCH PERSON IS ACCOMPANIED BY  A  PARENT  OR
    2  GUARDIAN.
    3    S  904.  LOCATION  OF  FIREARM, RIFLE, AND SHOTGUN SALES. EVERY DEALER
    4  SHALL SELL OR OTHERWISE DISPOSE OF FIREARMS, RIFLES, AND  SHOTGUNS  ONLY
    5  AT  THE  LOCATION  LISTED ON THE DEALER'S FEDERAL FIREARMS LICENSE OR AT
    6  GUN SHOWS.
    7    S 905. EMPLOYEE TRAINING. EVERY RETAIL DEALER SHALL  PROVIDE  TRAINING
    8  TO  ALL  EMPLOYEES  AND  OTHER  PERSONNEL  ENGAGED IN THE RETAIL SALE OF
    9  FIREARMS, RIFLES, AND SHOTGUNS RELATING TO:
   10    1. THE LAW GOVERNING FIREARM, RIFLE, AND SHOTGUN TRANSFERS BY  FEDERAL
   11  FIREARMS LICENSEES AND INDIVIDUALS;
   12    2.  HOW  TO  RECOGNIZE  STRAW PURCHASES AND OTHER ATTEMPTS TO PURCHASE
   13  FIREARMS, RIFLES, OR SHOTGUNS ILLEGALLY;
   14    3. HOW TO TEACH CONSUMERS RULES  OF  GUN  SAFETY,  INCLUDING  BUT  NOT
   15  LIMITED  TO THE SAFE HANDLING AND STORAGE OF FIREARMS, RIFLES, AND SHOT-
   16  GUNS; AND
   17    4. HOW TO COMPLY WITH PROVISIONS OF SECTION NINE HUNDRED SIX  OF  THIS
   18  ARTICLE.
   19    NO  EMPLOYEE  OR  AGENT  OF ANY RETAIL DEALER SHALL PARTICIPATE IN THE
   20  SALE OR DISPOSITION OF FIREARMS, RIFLES, OR SHOTGUNS UNLESS SUCH  PERSON
   21  IS  AT LEAST TWENTY-ONE YEARS OF AGE AND HAS FIRST RECEIVED THE TRAINING
   22  REQUIRED BY THIS SECTION.  THE  SUPERINTENDENT  SHALL  PROMULGATE  REGU-
   23  LATIONS  SETTING  FORTH  MINIMUM  REQUIREMENTS  FOR  THE  MAINTENANCE OF
   24  RECORDS OF SUCH TRAINING.
   25    S 906. RETAIL SALES OF FIREARMS, RIFLES, AND SHOTGUNS.  1.  NO  RETAIL
   26  DEALER  SHALL  SELL,  DELIVER, LEASE, OR TRANSFER ANY FIREARM, RIFLE, OR
   27  SHOTGUN TO ANY RETAIL  CUSTOMER  UNLESS  SUCH  RETAIL  DEALER  HAS:  (A)
   28  CONDUCTED  THE  REQUIRED  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK AND
   29  COMPLIED WITH THE PROVISIONS OF 18 U.S.C. 922(T); (B) SHOWN  THE  TRANS-
   30  FEREE  HOW  TO  LOAD  AND  UNLOAD THE FIREARM, RIFLE, OR SHOTGUN, HOW TO
   31  ENGAGE AND DISENGAGE ALL SAFETY DEVICES, AND HOW  TO  SAFELY  STORE  THE
   32  WEAPON;  (C)  PROVIDED  THE  TRANSFEREE  WITH  A  GUN  LOCKING DEVICE AS
   33  REQUIRED BY SECTION THREE HUNDRED NINETY-SIX-EE  OF  THIS  CHAPTER;  (D)
   34  PROVIDED  THE  TRANSFEREE WITH A COPY OF THE SAFE STORAGE WARNING NOTICE
   35  SET FORTH IN SUBDIVISION TWO OF THIS SECTION AND A COPY OF  THE  FEDERAL
   36  BUREAU  OF  ALCOHOL,  TOBACCO,  FIREARMS  AND  EXPLOSIVES DISPOSITION OF
   37  FIREARMS NOTICE; (E) OBTAINED  THE  TRANSFEREE'S  SIGNATURE  ON  A  FORM
   38  PROMULGATED  BY  THE  SUPERINTENDENT  CERTIFYING THAT THE TRANSFEREE HAS
   39  RECEIVED THE INSTRUCTION AND NOTICE REQUIRED BY THIS  SECTION;  AND  (F)
   40  PROVIDED  THE TRANSFEREE WITH A WRITTEN RECORD OF THE MAKE, MODEL, CALI-
   41  BER OR GAUGE, AND SERIAL NUMBER  OF  EACH  FIREARM,  RIFLE,  OR  SHOTGUN
   42  TRANSFERRED  TO  ENABLE THE TRANSFEREE TO ACCURATELY DESCRIBE THE WEAPON
   43  TO LAW ENFORCEMENT IN THE EVENT THAT IT IS SUBSEQUENTLY LOST OR STOLEN.
   44    2. NO RETAIL DEALER  SHALL  SELL,  DELIVER,  LEASE,  OR  TRANSFER  ANY
   45  FIREARM,  RIFLE,  OR  SHOTGUN  TO ANY PERSON UNLESS AT THE TIME OF SALE,
   46  DELIVERY, LEASE, OR TRANSFER SUCH FIREARM, RIFLE, OR SHOTGUN IS ACCOMPA-
   47  NIED BY THE FOLLOWING WARNING, WHICH SHALL  APPEAR  IN  CONSPICUOUS  AND
   48  LEGIBLE  TYPE  IN CAPITAL LETTERS, AND WHICH SHALL BE PRINTED ON A LABEL
   49  AFFIXED TO SUCH FIREARM, RIFLE, OR SHOTGUN AND PLACED IN  THE  CONTAINER
   50  IN  WHICH  SUCH FIREARM, RIFLE, OR SHOTGUN IS SOLD, DELIVERED, LEASED OR
   51  TRANSFERRED: "THE USE OF A LOCKING DEVICE OR SAFETY  LOCK  IS  ONLY  ONE
   52  ASPECT  OF  RESPONSIBLE  FIREARM  STORAGE. FIREARMS SHOULD BE STORED AND
   53  LOCKED IN A LOCATION THAT IS BOTH SEPARATE  FROM  THEIR  AMMUNITION  AND
   54  INACCESSIBLE  TO  CHILDREN  AND  OTHER  UNAUTHORIZED  PERSONS. MORE THAN
   55  200,000 FIREARMS LIKE THIS ONE ARE STOLEN FROM THEIR OWNERS  EVERY  YEAR
   56  IN  THE  UNITED  STATES.  IN  ADDITION,  THERE  ARE MORE THAN A THOUSAND
       A. 3280                             6
    1  SUICIDES EACH YEAR BY YOUNGER CHILDREN AND TEENAGERS WHO GET  ACCESS  TO
    2  FIREARMS. HUNDREDS MORE DIE FROM ACCIDENTAL DISCHARGE. IT IS LIKELY THAT
    3  MANY  MORE CHILDREN SUSTAIN SERIOUS WOUNDS, OR INFLICT SUCH WOUNDS ACCI-
    4  DENTALLY  ON  OTHERS. IN ORDER TO LIMIT THE CHANCE OF SUCH MISUSE, IT IS
    5  IMPERATIVE THAT YOU KEEP THIS WEAPON LOCKED IN A SECURE PLACE  AND  TAKE
    6  OTHER  STEPS  NECESSARY  TO  LIMIT THE POSSIBILITY OF THEFT OR ACCIDENT.
    7  FAILURE TO TAKE REASONABLE PREVENTIVE STEPS MAY RESULT IN INNOCENT LIVES
    8  BEING LOST, AND IN SOME CIRCUMSTANCES MAY RESULT IN YOUR LIABILITY."
    9    S 907. MAINTENANCE OF RECORDS. EVERY DEALER SHALL ESTABLISH AND  MAIN-
   10  TAIN  SUCH  PURCHASE, SALE, INVENTORY, AND OTHER RECORDS AT THE DEALER'S
   11  PLACE OF BUSINESS IN SUCH FORM AND FOR SUCH PERIOD AS THE SUPERINTENDENT
   12  SHALL REQUIRE, AND SHALL SUBMIT SUCH RECORDS TO THE PISTOL PERMIT BUREAU
   13  OF NEW YORK STATE POLICE EVERY APRIL AND OCTOBER. SUCH RECORDS SHALL  AT
   14  A MINIMUM INCLUDE THE FOLLOWING:
   15    1.  EVERY  DEALER  SHALL RECORD THE MAKE, MODEL, CALIBER OR GAUGE, AND
   16  SERIAL NUMBER OF ALL FIREARMS, RIFLES, AND SHOTGUNS THAT ARE ACQUIRED OR
   17  DISPOSED OF NOT LATER THAN ONE BUSINESS DAY AFTER THEIR  ACQUISITION  OR
   18  DISPOSITION.  MONTHLY  BACKUPS OF THESE RECORDS SHALL BE MAINTAINED IN A
   19  SECURE CONTAINER DESIGNED TO PREVENT   LOSS BY  FIRE,  THEFT,  OR  OTHER
   20  MISHAP;
   21    2. ALL FIREARMS, RIFLES, AND SHOTGUNS ACQUIRED BUT NOT YET DISPOSED OF
   22  MUST  BE  ACCOUNTED  FOR  THROUGH  AN INVENTORY CHECK PREPARED ONCE EACH
   23  MONTH AND MAINTAINED IN A SECURE LOCATION;
   24    3. FIREARM, RIFLE, AND SHOTGUN SALES INFORMATION, INCLUDING THE SERIAL
   25  NUMBERS OF FIREARMS, RIFLES, AND SHOTGUNS SOLD, DATES OF SALE, AND IDEN-
   26  TITY OF PURCHASERS, SHALL BE MAINTAINED AND MADE AVAILABLE TO GOVERNMENT
   27  LAW ENFORCEMENT AGENCIES AND TO THE MANUFACTURER OF THE  WEAPON  OR  ITS
   28  DESIGNEE; AND
   29    4. EVERY DEALER SHALL MAINTAIN RECORDS OF CRIMINAL FIREARM, RIFLE, AND
   30  SHOTGUN  TRACES  INITIATED  BY  THE  FEDERAL BUREAU OF ALCOHOL, TOBACCO,
   31  FIREARMS AND EXPLOSIVES ("ATF"). ALL ATF FORM 4473  TRANSACTION  RECORDS
   32  SHALL BE RETAINED ON THE DEALER'S BUSINESS PREMISES IN A SECURE CONTAIN-
   33  ER DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISHAP.
   34    S 908. COOPERATION WITH LAW ENFORCEMENT. EVERY DEALER SHALL:
   35    1. PROVIDE GOVERNMENT LAW ENFORCEMENT AGENCIES WITH FULL ACCESS TO ANY
   36  DOCUMENTS  RELATED  TO  THE  ACQUISITION  AND DISPOSITION OF FIREARMS OR
   37  EMPLOYEE TRAINING DEEMED NECESSARY BY SUCH AGENCY;
   38    2. PARTICIPATE IN AND COMPLY WITH ALL MONITORING  OF  FIREARM,  RIFLE,
   39  AND  SHOTGUN DISTRIBUTION BY MANUFACTURERS OR GOVERNMENT LAW ENFORCEMENT
   40  AGENCIES;
   41    3. REPORT ALL ATF TRACE REQUESTS BY MAKE, MODEL, AND SERIAL NUMBER  OF
   42  FIREARM,  DATE  OF  TRACE,  AND  DATE OF SALE TO THE MANUFACTURER OF THE
   43  FIREARM, RIFLE, OR SHOTGUN ON A MONTHLY BASIS, UNLESS  ATF  DIRECTS  THE
   44  LICENSEE  NOT  TO  REPORT CERTAIN TRACES, AND ALSO REPORT SUCH TRACES TO
   45  THE SUPERINTENDENT FOR USE IN CONJUNCTION WITH THE CRIMINAL  GUN  CLEAR-
   46  INGHOUSE ESTABLISHED PURSUANT TO SECTION TWO HUNDRED THIRTY OF THE EXEC-
   47  UTIVE LAW;
   48    4.  ANALYZE  ALL  ATF  TRACE  REQUESTS TO DETERMINE WHETHER THERE IS A
   49  PATTERN OF FIREARMS, RIFLES, OR SHOTGUNS SOLD BY THE DEALER  BEING  USED
   50  FOR  CRIMINAL  PURPOSES,  AND,  IF  SUCH PATTERN EXISTS, TAKE CORRECTIVE
   51  ACTION AND REPORT SUCH FINDINGS AND SUCH CORRECTIVE ACTION TO THE SUPER-
   52  INTENDENT; AND
   53    5. REPORT ANY FIREARM, RIFLE, OR SHOTGUN SALES THAT APPEAR TO BE STRAW
   54  PURCHASES OR OTHERWISE CREATE A REASONABLE SUSPICION THAT  THE  FIREARM,
   55  RIFLE, OR SHOTGUN MAY BE DIVERTED FROM THE LEGAL STREAM OF COMMERCE.
   56    S 909. INTERNAL COMPLIANCE AND CERTIFICATION. 1. EVERY DEALER SHALL:
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    1    (A)  IMPLEMENT  AND MAINTAIN SUFFICIENT INTERNAL COMPLIANCE PROCEDURES
    2  TO ENSURE COMPLIANCE WITH THE  REQUIREMENTS  OF  THIS  ARTICLE  AND  ALL
    3  APPLICABLE  FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS GOVERNING THE
    4  SALE, TRANSFER, AND DISPOSAL OF FIREARMS, RIFLES, AND SHOTGUNS; AND
    5    (B)  ANNUALLY  CERTIFY  TO  THE  SUPERINTENDENT  THAT  SUCH DEALER HAS
    6  COMPLIED WITH ALL OF THE REQUIREMENTS OF THIS ARTICLE.  THE  SUPERINTEN-
    7  DENT  SHALL  BY REGULATION DETERMINE THE FORM AND CONTENT OF SUCH ANNUAL
    8  CERTIFICATION.
    9    2. THE SUPERINTENDENT OF STATE  POLICE  SHALL  PROMULGATE  REGULATIONS
   10  ESTABLISHING  PERIODIC  INSPECTIONS,  DURING  REGULAR AND USUAL BUSINESS
   11  HOURS, BY THE DIVISION OF STATE POLICE OF THE PREMISES OF  EVERY  DEALER
   12  TO  DETERMINE  COMPLIANCE  BY  SUCH DEALER WITH THE REQUIREMENTS OF THIS
   13  ARTICLE. EVERY DEALER SHALL PROVIDE THE DIVISION OF  STATE  POLICE  WITH
   14  FULL ACCESS TO SUCH DEALER'S PREMISES FOR SUCH INSPECTIONS.
   15    S  910.  RULES AND REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE SUCH
   16  ADDITIONAL RULES AND REGULATIONS AS THE SUPERINTENDENT SHALL DEEM NECES-
   17  SARY TO PREVENT FIREARMS, RIFLES, AND SHOTGUNS FROM BEING DIVERTED  FROM
   18  THE LEGAL STREAM OF COMMERCE.
   19    S  911.  VIOLATIONS.  ANY  PERSON,  FIRM, OR CORPORATION WHO KNOWINGLY
   20  VIOLATES ANY PROVISION OF THIS ARTICLE SHALL BE  GUILTY  OF  A  CLASS  A
   21  MISDEMEANOR  PUNISHABLE  AS  PROVIDED FOR IN THE PENAL LAW, AND SHALL BE
   22  GUILTY OF A CLASS E FELONY FOR A SECOND VIOLATION OCCURRING WITHIN  FIVE
   23  YEARS  OF  A  PRIOR  CONVICTION FOR A VIOLATION OF ANY PROVISION OF THIS
   24  ARTICLE.
   25    S 3. Subdivision 1 of section 396-ee of the general business  law,  as
   26  added by chapter 189 of the laws of 2000, is amended to read as follows:
   27    (1)  No  person, firm or corporation engaged in the retail business of
   28  selling rifles, shotguns or firearms,  as  such  terms  are  defined  in
   29  section  265.00  of  the  penal law, shall sell, deliver or transfer any
   30  such rifle, shotgun or firearm to another person unless  the  transferee
   31  is provided at the time of sale, delivery or transfer with a gun locking
   32  device  and a label containing the quoted language specified in subdivi-
   33  sion two of [this] section [is either] NINE HUNDRED SIX OF THIS CHAPTER,
   34  WHICH SHALL APPEAR IN CONSPICUOUS AND LEGIBLE TYPE IN  CAPITAL  LETTERS,
   35  AND  SHALL  BE affixed to such rifle, shotgun or firearm [or] AND placed
   36  in the container in which such rifle, shotgun or firearm is sold, deliv-
   37  ered or transferred. For the purposes of this  section,  the  term  "gun
   38  locking device" shall mean an integrated design feature or an attachable
   39  accessory  that is resistant to tampering and is effective in preventing
   40  the discharge of such rifle, shotgun or firearm by a person who does not
   41  have access to the key, combination or other mechanism used to disengage
   42  the device. The division of state police shall  develop  and  promulgate
   43  rules  and regulations setting forth the specific devices or the minimum
   44  standards and criteria therefor which constitute an effective gun  lock-
   45  ing device.
   46    S  4.  Subdivision 1 of section 400.00 of the penal law, as amended by
   47  chapter 189 of the laws of 2000, is amended to read as follows:
   48    1. Eligibility. No license shall be issued or renewed pursuant to this
   49  section except by the licensing officer, and then  only  after  investi-
   50  gation  and  finding  that  all statements in a proper application for a
   51  license are true. No license shall be issued or renewed  except  for  an
   52  applicant  (a) twenty-one years of age or older, provided, however, that
   53  where such applicant has  been  honorably  discharged  from  the  United
   54  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
   55  national guard of the state of New York, no such age  restriction  shall
   56  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
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    1  anywhere of a felony or a serious offense; (d) who has stated whether he
    2  or she has ever suffered any mental illness  or  been  confined  to  any
    3  hospital  or institution, public or private, for mental illness; (e) who
    4  has  not had a license revoked or who is not under a suspension or inel-
    5  igibility order issued pursuant to the provisions of section  530.14  of
    6  the  criminal  procedure law or section eight hundred forty-two-a of the
    7  family court act; (f) in the county of Westchester, who has successfully
    8  completed a firearms safety course and test as evidenced  by  a  certif-
    9  icate  of completion issued in his or her name and endorsed and affirmed
   10  under the penalties of perjury by a duly authorized  instructor,  except
   11  that:  (i)  persons  who are honorably discharged from the United States
   12  army, navy, marine corps or coast guard, or of the national guard of the
   13  state of New York, and produce evidence  of  official  qualification  in
   14  firearms  during  the term of service are not required to have completed
   15  those hours of a firearms safety course  pertaining  to  the  safe  use,
   16  carrying,  possession,  maintenance  and  storage of a firearm; and (ii)
   17  persons who were licensed to possess a pistol or revolver prior  to  the
   18  effective  date  of  this paragraph are not required to have completed a
   19  firearms safety course and test; and (g) concerning whom no  good  cause
   20  exists  for  the  denial  of  the license. No person shall engage in the
   21  business of gunsmith or dealer in firearms unless licensed  pursuant  to
   22  this  section,  AND  NO PERSON SHALL ENGAGE IN THE BUSINESS OF DEALER IN
   23  FIREARMS UNLESS SUCH PERSON COMPLIES WITH  THE  PROVISIONS  OF  ARTICLES
   24  THIRTY-NINE-DD  AND  FORTY  OF THE GENERAL BUSINESS LAW. An applicant to
   25  engage in such business shall also be a citizen of  the  United  States,
   26  more  than  twenty-one  years of age and maintain a place of business in
   27  the city or county where the license is issued. For  such  business,  if
   28  the applicant is a firm or partnership, each member thereof shall comply
   29  with  all  of  the requirements set forth in this subdivision and if the
   30  applicant is a corporation, each officer thereof shall so comply.
   31    S 5. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
   32  vision 11 as amended by chapter 210 of the laws of 1999 and  subdivision
   33  12 as amended by chapter 449 of the laws of 1993, are amended to read as
   34  follows:
   35    11.  License:  revocation and suspension. The conviction of a licensee
   36  anywhere of a felony or serious offense shall operate as a revocation of
   37  the license. A license may be revoked or suspended as  provided  for  in
   38  section  530.14  of  the criminal procedure law or section eight hundred
   39  forty-two-a of the family court act. Except for a license issued  pursu-
   40  ant  to  section  400.01  of  this article, a license may be revoked and
   41  cancelled at any time in the city of New York, and in  the  counties  of
   42  Nassau  and Suffolk, by the licensing officer, and elsewhere than in the
   43  city of New York by any judge or justice of a court of record; a license
   44  issued pursuant to section 400.01 of this article  may  be  revoked  and
   45  cancelled  at  any time by the licensing officer or any judge or justice
   46  of a court of record.  A LICENSE TO ENGAGE IN THE BUSINESS OF DEALER MAY
   47  BE REVOKED OR SUSPENDED FOR ANY VIOLATION OF THE PROVISIONS  OF  ARTICLE
   48  THIRTY-NINE-DD OR FORTY OF THE GENERAL BUSINESS LAW. The official revok-
   49  ing  a  license  shall  give  written notice thereof without unnecessary
   50  delay to the executive department, division of state police, Albany, and
   51  shall also notify immediately the duly constituted police authorities of
   52  the locality.
   53    12. Records required of gunsmiths and dealers in  firearms.  [Any]  IN
   54  ADDITION  TO  THE  REQUIREMENTS SET FORTH IN ARTICLES THIRTY-NINE-DD AND
   55  FORTY OF THE GENERAL BUSINESS LAW, ANY person licensed  as  gunsmith  or
   56  dealer  in firearms shall keep a record book approved as to form, except
       A. 3280                             9
    1  in the city of New York, by the superintendent of state police.  In  the
    2  record  book shall be entered at the time of every transaction involving
    3  a firearm the date, name, age, occupation and residence  of  any  person
    4  from  whom  a firearm is received or to whom a firearm is delivered, and
    5  the calibre, make, model, manufacturer's name and serial number,  or  if
    6  none,  any  other  distinguishing  number or identification mark on such
    7  firearm. Before delivering a firearm to any person, the  licensee  shall
    8  require  him  to  produce  either  a license valid under this section to
    9  carry or possess the same, or proof of lawful  authority  as  an  exempt
   10  person  pursuant  to section 265.20 OF THIS CHAPTER. In addition, before
   11  delivering a firearm to a peace officer, the licensee shall verify  that
   12  person's  status  as  a peace officer with the division of state police.
   13  After completing the foregoing, the licensee shall remove and retain the
   14  attached coupon and enter in the record book the date of  such  license,
   15  number,  if  any,  and name of the licensing officer, in the case of the
   16  holder of a license to carry or possess, or the shield or other  number,
   17  if  any,  assignment  and  department, unit or agency, in the case of an
   18  exempt person. The original transaction report shall be forwarded to the
   19  division of state police within ten days of delivering a firearm to  any
   20  person,  and  a duplicate copy shall be kept by the licensee. The record
   21  book shall be maintained on the premises mentioned and described in  the
   22  license  and shall be open at all reasonable hours for inspection by any
   23  peace officer, acting pursuant to his special duties, or police officer.
   24  In the event of cancellation or revocation of the license  for  gunsmith
   25  or dealer in firearms, or discontinuance of business by a licensee, such
   26  record book shall be immediately surrendered to the licensing officer in
   27  the  city  of  New  York, and in the counties of Nassau and Suffolk, and
   28  elsewhere in the state to the executive department,  division  of  state
   29  police.
   30    S 6. Severability. If any clause, sentence, paragraph, section or part
   31  of  this act shall be adjudged by any court of competent jurisdiction to
   32  be invalid, such judgment shall not affect,  impair  or  invalidate  the
   33  remainder thereof, but shall be confined in its operation to the clause,
   34  sentence,  paragraph,  section  or part thereof directly involved in the
   35  controversy in which such judgment shall have been rendered.
   36    S 7. This act shall take effect on the ninetieth day  after  it  shall
   37  have  become  a law; provided that the superintendent of the division of
   38  state police is authorized and directed to immediately adopt, amend, and
   39  promulgate such rules and regulations as may be necessary and  desirable
   40  to effectuate the purposes of section two of this act.