S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1302
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by  Sen. PERALTA -- 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 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 nearly 30,000  indi-
    4  viduals  in the United States every year, including 1,000 individuals in
    5  New 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 millions 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 2001, approximately 12,000  illegal  firearms,
   20  rifles  and  shotguns were seized in New York state.  From November 2000
   21  to April 2002, 2,700 crime guns were entered into the  state  crime  gun
   22  database.  In 2008, according to a review by the federal bureau of alco-
   23  hol,  tobacco, firearms, and explosives (ATF) of trace data compiled for
   24  several regions in the  state,  including  Albany,  Buffalo,  Rochester,
   25  Syracuse,  Long  Island  and  New  York  City  that calendar year, 9,558
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00153-01-5
       S. 1302                             2
    1  firearms were submitted to be traced, 2,659 of  which  were  long  guns.
    2  Outside  New  York  City, long guns are sold without a permit. Forty-six
    3  percent of the firearms recovered in 2008 were found  outside  New  York
    4  City.    A significant portion of guns involved in crimes upstate origi-
    5  nate within the state. In fact, youth data reveals that in 2000, 40%  of
    6  the  crime  guns in Buffalo originated within a five-mile radius of that
    7  city.
    8    3. A substantial portion of illegal firearms are diverted to the ille-
    9  gal market through licensed gun dealers. Rogue gun dealers  play  a  key
   10  role  in  this  market.  These  rogue dealers funnel guns to the illegal
   11  market through a variety of channels. One of the most common means is to
   12  allow "straw purchases". A straw purchase occurs when a person purchases
   13  a gun on behalf of a prohibited person. The ATF  conducted  an  investi-
   14  gation of gun trafficking from July 1996 to December 1998 and found that
   15  almost 26,000 trafficked firearms were associated with investigations in
   16  which  there was a straw purchaser. Almost 50% of all trafficking inves-
   17  tigations involved straw purchasers, with  an  average  of  37  firearms
   18  trafficked per investigation.  Another issue, according to a 2008 report
   19  by  Mayors  Against Illegal Guns, Inside Straw Purchasing: How Criminals
   20  Get Guns Illegally, is that many traffickers return to  the  same  store
   21  again  and  again  once they have identified it as one in which they can
   22  make straw purchases easily.  Although most gun  dealers  operate  their
   23  businesses  legally and responsibly, some gun dealers who are corrupt or
   24  maintain shoddy recordkeeping practices flood the streets  with  illegal
   25  weapons  as  a  result of their unrestricted access to new gun inventory
   26  and the unwillingness of gun manufacturers to terminate their supply  to
   27  these rogue dealers. Current federal and state regulation has not curbed
   28  the  business practice of illegal gun dealers. According to a 2004 study
   29  by Americans for Gun Safety, of the 120 worst gun dealers in  the  coun-
   30  try,  namely  those  dealers with an average of 500 crime guns traced to
   31  them, 96 were still in operation.
   32    4. Moreover, this problem is not limited to  unlicensed  sellers,  and
   33  clearly  includes  federal  firearms  licensees (FFLs). Indeed, although
   34  FFLs were involved in under 10% of the trafficking investigations under-
   35  taken by ATF, they were associated with the largest number  of  diverted
   36  firearms--over  40,000 guns, which is nearly half of the total number of
   37  trafficked firearms documented  during  the  two-year  period  of  ATF's
   38  investigation.    Additionally,  a 2008 report by Mayors Against Illegal
   39  Guns indicated that several states  which  allow  state  authorities  to
   40  supplement  the federal ATF inspections with routine inspections provide
   41  law enforcement with more opportunities to uncover dealers in  violation
   42  of  the  law.  These inspections also help identify dealers who exercise
   43  lax oversight over their inventory and may lead to  improved  compliance
   44  with federal, state and local laws.
   45    5.  Current  New  York state laws governing firearm dealers are inade-
   46  quate to prevent the diversion of firearms to the  illegal  marketplace.
   47  Additional  protections that are needed include, but are not limited to,
   48  better gun dealer internal compliance procedures, programs to  eliminate
   49  straw  purchases, increased liability insurance, improved security meas-
   50  ures, reducing youth access, mandatory training for gun  dealer  employ-
   51  ees, and improved recordkeeping requirements. The additional protections
   52  set forth in this act will greatly enhance the state's efforts to reduce
   53  criminal activity in the state.
   54    S  2. Article 40 and sections 900 and 901 of the general business law,
   55  as renumbered by chapter 407 of the laws of 1973, are renumbered article
       S. 1302                             3
    1  50 and sections 1001 and 1002 and a new article 40 is added to  read  as
    2  follows:
    3                                  ARTICLE 40
    4                      PREVENTING THE SALE OF FIREARMS,
    5                      RIFLES, AND SHOTGUNS TO CRIMINALS
    6  SECTION 900. DEFINITIONS.
    7          901. REASONABLE MEASURES TO PREVENT SALES AND
    8                  TRANSFERS TO CRIMINALS.
    9          902. SECURITY.
   10          903. ACCESS TO FIREARMS, RIFLES AND SHOTGUNS.
   11          904. LOCATION OF FIREARM, RIFLE AND SHOTGUN SALES.
   12          905. EMPLOYEE TRAINING.
   13          906. RETAIL SALES OF FIREARMS, RIFLES AND SHOTGUNS.
   14          907. MAINTENANCE OF RECORDS.
   15          908. COOPERATION WITH LAW ENFORCEMENT.
   16          909. INTERNAL COMPLIANCE AND CERTIFICATION.
   17          910. RULES AND REGULATIONS.
   18          911. VIOLATIONS.
   19    S 900. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   20    1.  "DEALER"  MEANS  ANY  PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY
   21  COMPANY, CORPORATION  OR  COMPANY  WHICH  ENGAGES  IN  THE  BUSINESS  OF
   22  PURCHASING, SELLING, KEEPING FOR SALE, LENDING, LEASING OR IN ANY MANNER
   23  DISPOSING OF ANY FIREARM, RIFLE OR SHOTGUN.
   24    2.  "DISPOSE  OF"  MEANS  TO DISPOSE OF, GIVE, GIVE AWAY, LEASE, LEND,
   25  KEEP FOR SALE, OFFER,  OFFER  FOR  SALE,  SELL,  TRANSFER  OR  OTHERWISE
   26  DISPOSE OF.
   27    3.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
   28  SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   29    4. "FIREARM EXHIBITOR" MEANS ANY PERSON,  FIRM,  PARTNERSHIP,  LIMITED
   30  LIABILITY  COMPANY,  CORPORATION OR COMPANY THAT EXHIBITS, SELLS, OFFERS
   31  FOR SALE, TRANSFERS OR EXCHANGES FIREARMS, RIFLES OR SHOTGUNS AT  A  GUN
   32  SHOW.
   33    5.  "GUN SHOW" MEANS AN EVENT SPONSORED, WHETHER FOR PROFIT OR NOT, BY
   34  AN INDIVIDUAL, NATIONAL, STATE OR LOCAL  ORGANIZATION,  ASSOCIATION,  OR
   35  OTHER ENTITY DEVOTED TO THE COLLECTION, COMPETITIVE USE, SPORTING USE OR
   36  ANY  OTHER  LEGAL  USE  OF  FIREARMS, RIFLES OR SHOTGUNS, OR AN EVENT AT
   37  WHICH: (A) TWENTY PERCENT OR MORE OF THE TOTAL NUMBER OF EXHIBITORS  ARE
   38  FIREARM  EXHIBITORS;  (B) TEN OR MORE FIREARM EXHIBITORS ARE PARTICIPAT-
   39  ING; (C) A TOTAL OF TWENTY-FIVE OR MORE PISTOLS OR REVOLVERS ARE OFFERED
   40  FOR SALE OR TRANSFER; OR (D) A TOTAL OF FIFTY OR MORE  FIREARMS,  RIFLES
   41  OR  SHOTGUNS ARE OFFERED FOR SALE OR TRANSFER. THE TERM "GUN SHOW" SHALL
   42  INCLUDE ANY BUILDING, STRUCTURE OR FACILITY WHERE  FIREARMS,  RIFLES  OR
   43  SHOTGUNS  ARE  OFFERED  FOR  SALE  OR  TRANSFER, AND ANY GROUNDS USED IN
   44  CONNECTION WITH THE EVENT.
   45    6. "RETAIL DEALER" MEANS ANY DEALER ENGAGED IN THE RETAIL BUSINESS  OF
   46  SELLING FIREARMS, RIFLES OR SHOTGUNS.
   47    7. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
   48  ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
   49    8.  "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
   50  SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
   51    9. "STRAW PURCHASE" MEANS THE PURCHASE OR ATTEMPT  TO  PURCHASE  BY  A
   52  PERSON  OF  A FIREARM, RIFLE OR SHOTGUN FOR, ON BEHALF OF OR FOR THE USE
   53  OF ANOTHER PERSON, KNOWING THAT IT WOULD  BE  UNLAWFUL  FOR  SUCH  OTHER
   54  PERSON  TO POSSESS SUCH FIREARM, RIFLE OR SHOTGUN, OR AN ATTEMPT TO MAKE
   55  SUCH A PURCHASE.
       S. 1302                             4
    1    10. "STRAW PURCHASER" MEANS A PERSON WHO, KNOWING  THAT  IT  WOULD  BE
    2  UNLAWFUL  FOR  ANOTHER  PERSON  TO  POSSESS A FIREARM, RIFLE OR SHOTGUN,
    3  PURCHASES OR ATTEMPTS TO PURCHASE A FIREARM, RIFLE OR  SHOTGUN  FOR,  ON
    4  BEHALF OF OR FOR THE USE OF SUCH OTHER PERSON.
    5    11. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
    6    S  901.  REASONABLE  MEASURES TO PREVENT SALES AND TRANSFERS TO CRIMI-
    7  NALS.  EVERY DEALER SHALL ADOPT REASONABLE MEASURES TO PREVENT FIREARMS,
    8  RIFLES AND SHOTGUNS  FROM  BEING  DIVERTED  FROM  THE  LEGAL  STREAM  OF
    9  COMMERCE,  INTENTIONALLY  OR  OTHERWISE,  FOR  LATER  SALE,  TRANSFER OR
   10  DISPOSAL TO INDIVIDUALS NOT LEGALLY ENTITLED TO PURCHASE OR POSSESS SUCH
   11  WEAPONS. SUCH MEASURES SHALL  INCLUDE,  BUT  NEED  NOT  BE  LIMITED  TO,
   12  PROGRAMS  TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE THWART
   13  ILLEGAL GUN  TRAFFICKING.  THE  SUPERINTENDENT  SHALL  DEVELOP  PROGRAMS
   14  DESIGNED  TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE THWART
   15  ILLEGAL GUN TRAFFICKING. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
   16  ARTICLE, THE SUPERINTENDENT SHALL SUBMIT A  REPORT  TO  THE  LEGISLATURE
   17  DETAILING SUCH PROGRAMS, INCLUDING ESTABLISHING MINIMUM REQUIREMENTS FOR
   18  SUCH PROGRAMS.
   19    S  902.  SECURITY.  EVERY  DEALER  SHALL IMPLEMENT A SECURITY PLAN FOR
   20  SECURING FIREARMS, RIFLES AND SHOTGUNS, INCLUDING FIREARMS,  RIFLES  AND
   21  SHOTGUNS IN SHIPMENT. EACH SUCH PLAN MUST SATISFY AT LEAST THE FOLLOWING
   22  REQUIREMENTS:
   23    1.  DISPLAY  CASES SHALL BE LOCKED AT ALL TIMES EXCEPT WHEN REMOVING A
   24  SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW A CUSTOMER, AND CUSTOMERS SHALL
   25  HANDLE FIREARMS, RIFLES OR SHOTGUNS ONLY UNDER THE DIRECT SUPERVISION OF
   26  AN EMPLOYEE;
   27    2. ALL FIREARMS, RIFLES AND SHOTGUNS  SHALL  BE  SECURED,  OTHER  THAN
   28  DURING  BUSINESS  HOURS,  IN  A  LOCKED  FIREPROOF  SAFE OR VAULT IN THE
   29  LICENSEE'S BUSINESS PREMISES OR IN A SIMILAR SECURED  AND  LOCKED  AREA;
   30  AND
   31    3. AMMUNITION SHALL BE STORED SEPARATELY FROM THE FIREARMS, RIFLES AND
   32  SHOTGUNS AND OUT OF REACH OF THE CUSTOMERS.
   33    S  903.  ACCESS  TO FIREARMS, RIFLES AND SHOTGUNS. EVERY RETAIL DEALER
   34  SHALL EXCLUDE ALL  PERSONS  UNDER  EIGHTEEN  YEARS  OF  AGE  FROM  THOSE
   35  PORTIONS  OF ITS PREMISES WHERE FIREARMS, RIFLES, SHOTGUNS OR AMMUNITION
   36  ARE STOCKED OR SOLD, UNLESS SUCH PERSON IS ACCOMPANIED BY  A  PARENT  OR
   37  GUARDIAN.
   38    S  904.  LOCATION  OF  FIREARM,  RIFLE AND SHOTGUN SALES. EVERY DEALER
   39  SHALL SELL OR OTHERWISE DISPOSE OF FIREARMS, RIFLES AND SHOTGUNS ONLY AT
   40  THE LOCATION LISTED ON THE DEALER'S FEDERAL FIREARMS LICENSE OR  AT  GUN
   41  SHOWS.
   42    S  905.  EMPLOYEE TRAINING. EVERY RETAIL DEALER SHALL PROVIDE TRAINING
   43  TO ALL EMPLOYEES AND OTHER PERSONNEL  ENGAGED  IN  THE  RETAIL  SALE  OF
   44  FIREARMS, RIFLES AND SHOTGUNS RELATING TO:
   45    1.  THE  LAW GOVERNING FIREARM, RIFLE AND SHOTGUN TRANSFERS BY FEDERAL
   46  FIREARMS LICENSEES AND INDIVIDUALS;
   47    2. HOW TO RECOGNIZE STRAW PURCHASES AND  OTHER  ATTEMPTS  TO  PURCHASE
   48  FIREARMS, RIFLES OR SHOTGUNS ILLEGALLY;
   49    3.  HOW  TO  TEACH  CONSUMERS  RULES  OF GUN SAFETY, INCLUDING BUT NOT
   50  LIMITED TO THE SAFE HANDLING AND STORAGE OF FIREARMS, RIFLES  AND  SHOT-
   51  GUNS; AND
   52    4.  HOW  TO COMPLY WITH PROVISIONS OF SECTION NINE HUNDRED SIX OF THIS
   53  ARTICLE.
   54    NO EMPLOYEE OR AGENT OF ANY RETAIL DEALER  SHALL  PARTICIPATE  IN  THE
   55  SALE  OR  DISPOSITION OF FIREARMS, RIFLES OR SHOTGUNS UNLESS SUCH PERSON
   56  IS AT LEAST TWENTY-ONE YEARS OF AGE AND HAS FIRST RECEIVED THE  TRAINING
       S. 1302                             5
    1  REQUIRED  BY  THIS  SECTION.  THE  SUPERINTENDENT SHALL PROMULGATE REGU-
    2  LATIONS SETTING  FORTH  MINIMUM  REQUIREMENTS  FOR  THE  MAINTENANCE  OF
    3  RECORDS OF SUCH TRAINING.
    4    S  906.  RETAIL  SALES  OF FIREARMS, RIFLES AND SHOTGUNS. 1. NO RETAIL
    5  DEALER SHALL SELL, DELIVER, LEASE OR  TRANSFER  ANY  FIREARM,  RIFLE  OR
    6  SHOTGUN  TO  ANY  RETAIL  CUSTOMER  UNLESS  SUCH  RETAIL DEALER HAS: (A)
    7  CONDUCTED THE REQUIRED NATIONAL INSTANT CRIMINAL  BACKGROUND  CHECK  AND
    8  COMPLIED  WITH  THE PROVISIONS OF 18 U.S.C. 922(T); (B) SHOWN THE TRANS-
    9  FEREE HOW TO LOAD AND UNLOAD THE  FIREARM,  RIFLE  OR  SHOTGUN,  HOW  TO
   10  ENGAGE  AND  DISENGAGE  ALL  SAFETY DEVICES, AND HOW TO SAFELY STORE THE
   11  WEAPON; (C) PROVIDED  THE  TRANSFEREE  WITH  A  GUN  LOCKING  DEVICE  AS
   12  REQUIRED  BY  SECTION  THREE  HUNDRED NINETY-SIX-EE OF THIS CHAPTER; (D)
   13  PROVIDED THE TRANSFEREE WITH A COPY OF THE SAFE STORAGE  WARNING  NOTICE
   14  SET  FORTH  IN SUBDIVISION TWO OF THIS SECTION AND A COPY OF THE FEDERAL
   15  BUREAU OF ALCOHOL,  TOBACCO,  FIREARMS  AND  EXPLOSIVES  DISPOSITION  OF
   16  FIREARMS  NOTICE;  (E)  OBTAINED  THE  TRANSFEREE'S  SIGNATURE ON A FORM
   17  PROMULGATED BY THE SUPERINTENDENT CERTIFYING  THAT  THE  TRANSFEREE  HAS
   18  RECEIVED  THE  INSTRUCTION  AND NOTICE REQUIRED BY THIS SECTION; AND (F)
   19  PROVIDED THE TRANSFEREE WITH A WRITTEN RECORD OF THE MAKE, MODEL,  CALI-
   20  BER OR GAUGE, AND SERIAL NUMBER OF EACH FIREARM, RIFLE OR SHOTGUN TRANS-
   21  FERRED TO ENABLE THE TRANSFEREE TO ACCURATELY DESCRIBE THE WEAPON TO LAW
   22  ENFORCEMENT IN THE EVENT THAT IT IS SUBSEQUENTLY LOST OR STOLEN.
   23    2.  NO  RETAIL  DEALER  SHALL  SELL,  DELIVER,  LEASE  OR TRANSFER ANY
   24  FIREARM, RIFLE OR SHOTGUN TO ANY PERSON UNLESS  AT  THE  TIME  OF  SALE,
   25  DELIVERY,  LEASE  OR TRANSFER SUCH FIREARM, RIFLE OR SHOTGUN IS ACCOMPA-
   26  NIED BY THE FOLLOWING WARNING, WHICH SHALL  APPEAR  IN  CONSPICUOUS  AND
   27  LEGIBLE  TYPE  IN CAPITAL LETTERS, AND WHICH SHALL BE PRINTED ON A LABEL
   28  AFFIXED TO SUCH FIREARM, RIFLE OR SHOTGUN AND PLACED IN THE CONTAINER IN
   29  WHICH SUCH FIREARM, RIFLE OR  SHOTGUN  IS  SOLD,  DELIVERED,  LEASED  OR
   30  TRANSFERRED:  "THE  USE  OF  A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE
   31  ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS  SHOULD  BE  STORED  AND
   32  LOCKED  IN  A  LOCATION  THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND
   33  INACCESSIBLE TO CHILDREN  AND  OTHER  UNAUTHORIZED  PERSONS.  MORE  THAN
   34  200,000  FIREARMS  LIKE THIS ONE ARE STOLEN FROM THEIR OWNERS EVERY YEAR
   35  IN THE UNITED STATES. IN  ADDITION,  THERE  ARE  MORE  THAN  A  THOUSAND
   36  SUICIDES  EACH  YEAR BY YOUNGER CHILDREN AND TEENAGERS WHO GET ACCESS TO
   37  FIREARMS. HUNDREDS MORE DIE FROM ACCIDENTAL DISCHARGE. IT IS LIKELY THAT
   38  MANY MORE CHILDREN SUSTAIN SERIOUS WOUNDS, OR INFLICT SUCH WOUNDS  ACCI-
   39  DENTALLY  ON  OTHERS. IN ORDER TO LIMIT THE CHANCE OF SUCH MISUSE, IT IS
   40  IMPERATIVE THAT YOU KEEP THIS WEAPON LOCKED IN A SECURE PLACE  AND  TAKE
   41  OTHER  STEPS  NECESSARY  TO  LIMIT THE POSSIBILITY OF THEFT OR ACCIDENT.
   42  FAILURE TO TAKE REASONABLE PREVENTIVE STEPS MAY RESULT IN INNOCENT LIVES
   43  BEING LOST, AND IN SOME CIRCUMSTANCES MAY RESULT IN YOUR LIABILITY."
   44    S 907. MAINTENANCE OF RECORDS. EVERY DEALER SHALL ESTABLISH AND  MAIN-
   45  TAIN  SUCH  PURCHASE,  SALE, INVENTORY AND OTHER RECORDS AT THE DEALER'S
   46  PLACE OF BUSINESS IN SUCH FORM AND FOR SUCH PERIOD AS THE SUPERINTENDENT
   47  SHALL REQUIRE, AND SHALL AT A MINIMUM INCLUDE THE FOLLOWING:
   48    1. EVERY DEALER SHALL RECORD THE MAKE, MODEL, CALIBER  OR  GAUGE,  AND
   49  SERIAL  NUMBER OF ALL FIREARMS, RIFLES AND SHOTGUNS THAT ARE ACQUIRED OR
   50  DISPOSED OF NOT LATER THAN ONE BUSINESS DAY AFTER THEIR  ACQUISITION  OR
   51  DISPOSITION.  MONTHLY  BACKUPS OF THESE RECORDS SHALL BE MAINTAINED IN A
   52  SECURE CONTAINER DESIGNED TO PREVENT LOSS BY FIRE, THEFT OR OTHER  MISH-
   53  AP;
   54    2.  ALL FIREARMS, RIFLES AND SHOTGUNS ACQUIRED BUT NOT YET DISPOSED OF
   55  MUST BE ACCOUNTED FOR THROUGH AN  INVENTORY  CHECK  PREPARED  ONCE  EACH
   56  MONTH AND MAINTAINED IN A SECURE LOCATION;
       S. 1302                             6
    1    3.  FIREARM, RIFLE AND SHOTGUN SALES INFORMATION, INCLUDING THE SERIAL
    2  NUMBERS OF FIREARMS, RIFLES AND SHOTGUNS SOLD, DATES OF SALE AND IDENTI-
    3  TY OF PURCHASERS, SHALL BE MAINTAINED AND MADE AVAILABLE  TO  GOVERNMENT
    4  LAW  ENFORCEMENT  AGENCIES  AND TO THE MANUFACTURER OF THE WEAPON OR ITS
    5  DESIGNEE; AND
    6    4.  EVERY DEALER SHALL MAINTAIN RECORDS OF CRIMINAL FIREARM, RIFLE AND
    7  SHOTGUN TRACES INITIATED BY THE  FEDERAL  BUREAU  OF  ALCOHOL,  TOBACCO,
    8  FIREARMS  AND  EXPLOSIVES ("ATF"). ALL ATF FORM 4473 TRANSACTION RECORDS
    9  SHALL BE RETAINED ON THE DEALER'S BUSINESS PREMISES IN A SECURE CONTAIN-
   10  ER DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISHAP.
   11    S 908. COOPERATION WITH LAW ENFORCEMENT. EVERY DEALER SHALL:
   12    1. PROVIDE GOVERNMENT LAW ENFORCEMENT AGENCIES WITH FULL ACCESS TO ANY
   13  DOCUMENTS RELATED TO THE ACQUISITION  AND  DISPOSITION  OF  FIREARMS  OR
   14  EMPLOYEE TRAINING DEEMED NECESSARY BY SUCH AGENCY;
   15    2. PARTICIPATE IN AND COMPLY WITH ALL MONITORING OF FIREARM, RIFLE AND
   16  SHOTGUN  DISTRIBUTION  BY  MANUFACTURERS  OR  GOVERNMENT LAW ENFORCEMENT
   17  AGENCIES;
   18    3. REPORT ALL ATF TRACE REQUESTS BY MAKE, MODEL AND SERIAL  NUMBER  OF
   19  FIREARM,  DATE  OF  TRACE,  AND  DATE OF SALE TO THE MANUFACTURER OF THE
   20  FIREARM, RIFLE OR SHOTGUN ON A MONTHLY BASIS, UNLESS THE ATF DIRECTS THE
   21  LICENSEE NOT TO REPORT CERTAIN TRACES, AND ALSO REPORT  SUCH  TRACES  TO
   22  THE  SUPERINTENDENT  FOR USE IN CONJUNCTION WITH THE CRIMINAL GUN CLEAR-
   23  INGHOUSE ESTABLISHED PURSUANT TO SECTION TWO HUNDRED THIRTY OF THE EXEC-
   24  UTIVE LAW;
   25    4. ANALYZE ALL ATF TRACE REQUESTS TO  DETERMINE  WHETHER  THERE  IS  A
   26  PATTERN  OF  FIREARMS,  RIFLES OR SHOTGUNS SOLD BY THE DEALER BEING USED
   27  FOR CRIMINAL PURPOSES, AND, IF  SUCH  PATTERN  EXISTS,  TAKE  CORRECTIVE
   28  ACTION AND REPORT SUCH FINDINGS AND SUCH CORRECTIVE ACTION TO THE SUPER-
   29  INTENDENT; AND
   30    5.  REPORT ANY FIREARM, RIFLE OR SHOTGUN SALES THAT APPEAR TO BE STRAW
   31  PURCHASES OR OTHERWISE CREATE A REASONABLE SUSPICION THAT  THE  FIREARM,
   32  RIFLE OR SHOTGUN MAY BE DIVERTED FROM THE LEGAL STREAM OF COMMERCE.
   33    S 909. INTERNAL COMPLIANCE AND CERTIFICATION. 1. EVERY DEALER SHALL:
   34    (A)  IMPLEMENT  AND MAINTAIN SUFFICIENT INTERNAL COMPLIANCE PROCEDURES
   35  TO ENSURE COMPLIANCE WITH THE  REQUIREMENTS  OF  THIS  ARTICLE  AND  ALL
   36  APPLICABLE  FEDERAL,  STATE AND LOCAL LAWS AND REGULATIONS GOVERNING THE
   37  SALE, TRANSFER AND DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS; AND
   38    (B) ANNUALLY CERTIFY  TO  THE  SUPERINTENDENT  THAT  SUCH  DEALER  HAS
   39  COMPLIED  WITH  ALL OF THE REQUIREMENTS OF THIS ARTICLE. THE SUPERINTEN-
   40  DENT SHALL BY REGULATION DETERMINE THE FORM AND CONTENT OF  SUCH  ANNUAL
   41  CERTIFICATION.
   42    2.  THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS ESTABLISHING PERI-
   43  ODIC INSPECTIONS, DURING REGULAR AND USUAL BUSINESS HOURS, BY THE  DIVI-
   44  SION  OF  STATE  POLICE  OF  THE  PREMISES  OF EVERY DEALER TO DETERMINE
   45  COMPLIANCE BY SUCH DEALER WITH THE REQUIREMENTS OF THIS  ARTICLE.  EVERY
   46  DEALER  SHALL  PROVIDE  THE DIVISION OF STATE POLICE WITH FULL ACCESS TO
   47  SUCH DEALER'S PREMISES FOR SUCH INSPECTIONS.
   48    S 910. RULES AND REGULATIONS. THE SUPERINTENDENT MAY  PROMULGATE  SUCH
   49  ADDITIONAL RULES AND REGULATIONS AS THE SUPERINTENDENT SHALL DEEM NECES-
   50  SARY  TO  PREVENT FIREARMS, RIFLES AND SHOTGUNS FROM BEING DIVERTED FROM
   51  THE LEGAL STREAM OF COMMERCE.
   52    S 911. VIOLATIONS. ANY PERSON, FIRM  OR  CORPORATION  WHICH  KNOWINGLY
   53  VIOLATES  ANY  PROVISION  OF  THIS  ARTICLE SHALL BE GUILTY OF A CLASS A
   54  MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN THE PENAL LAW,  AND  SHALL  BE
   55  GUILTY  OF A CLASS E FELONY FOR A SECOND VIOLATION OCCURRING WITHIN FIVE
       S. 1302                             7
    1  YEARS OF A PRIOR CONVICTION FOR A VIOLATION OF  ANY  PROVISION  OF  THIS
    2  ARTICLE.
    3    S  3.  Subdivision 1 of section 396-ee of the general business law, as
    4  added by chapter 189 of the laws of 2000, is amended to read as follows:
    5    (1) No person, firm or corporation engaged in the retail  business  of
    6  selling  rifles,  shotguns  or  firearms,  as  such terms are defined in
    7  section 265.00 of the penal law, shall sell,  deliver  or  transfer  any
    8  such  rifle,  shotgun or firearm to another person unless the transferee
    9  is provided at the time of sale, delivery or transfer with a gun locking
   10  device and a label containing the quoted language specified in  subdivi-
   11  sion two of [this] section [is either] NINE HUNDRED SIX OF THIS CHAPTER,
   12  WHICH  SHALL  APPEAR IN CONSPICUOUS AND LEGIBLE TYPE IN CAPITAL LETTERS,
   13  AND SHALL BE affixed to such rifle, shotgun or firearm [or]  AND  placed
   14  in the container in which such rifle, shotgun or firearm is sold, deliv-
   15  ered  or  transferred.  For  the purposes of this section, the term "gun
   16  locking device" shall mean an integrated design feature or an attachable
   17  accessory that is resistant to tampering and is effective in  preventing
   18  the discharge of such rifle, shotgun or firearm by a person who does not
   19  have access to the key, combination or other mechanism used to disengage
   20  the  device.  The  division of state police shall develop and promulgate
   21  rules and regulations setting forth the specific devices or the  minimum
   22  standards  and criteria therefor which constitute an effective gun lock-
   23  ing device.
   24    S 4. Subdivision 1 of section 400.00 of the penal law, as  amended  by
   25  chapter 1 of the laws of 2013, is amended to read as follows:
   26    1. Eligibility. No license shall be issued or renewed pursuant to this
   27  section  except  by  the licensing officer, and then only after investi-
   28  gation and finding that all statements in a  proper  application  for  a
   29  license  are  true.  No license shall be issued or renewed except for an
   30  applicant (a) twenty-one years of age or older, provided, however,  that
   31  where  such  applicant  has  been  honorably  discharged from the United
   32  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
   33  national  guard  of the state of New York, no such age restriction shall
   34  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
   35  anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
   36  from justice; (e) who is not an unlawful user  of  or  addicted  to  any
   37  controlled  substance as defined in section 21 U.S.C. 802; (f) who being
   38  an alien (i) is not illegally or unlawfully in the United States or (ii)
   39  has not been admitted to the United States  under  a  nonimmigrant  visa
   40  subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
   41  discharged from the Armed Forces under dishonorable conditions; (h) who,
   42  having been a citizen of the United States, has not renounced his or her
   43  citizenship; (i) who has stated whether he or she has ever suffered  any
   44  mental illness; (j) who has not been involuntarily committed to a facil-
   45  ity  under  the  jurisdiction  of  an office of the department of mental
   46  hygiene pursuant to article nine or fifteen of the mental  hygiene  law,
   47  article seven hundred thirty or section 330.20 of the criminal procedure
   48  law,  section  four  hundred two or five hundred eight of the correction
   49  law, section 322.2 or 353.4 of the family court act,  or  has  not  been
   50  civilly  confined in a secure treatment facility pursuant to article ten
   51  of the mental hygiene law; (k) who has not had a license revoked or  who
   52  is  not under a suspension or ineligibility order issued pursuant to the
   53  provisions of section 530.14 of the criminal procedure  law  or  section
   54  eight  hundred forty-two-a of the family court act; (l) in the county of
   55  Westchester, who has successfully completed a firearms safety course and
   56  test as evidenced by a certificate of completion issued in  his  or  her
       S. 1302                             8
    1  name  and endorsed and affirmed under the penalties of perjury by a duly
    2  authorized instructor,  except  that:  (i)  persons  who  are  honorably
    3  discharged  from  the  United  States  army, navy, marine corps or coast
    4  guard,  or  of  the national guard of the state of New York, and produce
    5  evidence of official  qualification  in  firearms  during  the  term  of
    6  service  are  not  required  to have completed those hours of a firearms
    7  safety course pertaining to the safe use, carrying, possession,  mainte-
    8  nance  and  storage  of a firearm; and (ii) persons who were licensed to
    9  possess a pistol or revolver prior to the effective date of  this  para-
   10  graph  are  not  required to have completed a firearms safety course and
   11  test; (m) who has not had a guardian appointed for him or  her  pursuant
   12  to any provision of state law, based on a determination that as a result
   13  of  marked subnormal intelligence, mental illness, incapacity, condition
   14  or disease, he or she lacks the mental capacity to  contract  or  manage
   15  his or her own affairs; and (n) concerning whom no good cause exists for
   16  the  denial  of  the  license. No person shall engage in the business of
   17  gunsmith or dealer in firearms unless licensed pursuant to this section,
   18  AND NO PERSON SHALL ENGAGE IN THE BUSINESS OF DEALER IN FIREARMS  UNLESS
   19  SUCH  PERSON COMPLIES WITH THE PROVISIONS OF ARTICLES THIRTY-NINE-DD AND
   20  FORTY OF THE GENERAL BUSINESS LAW.  An applicant to engage in such busi-
   21  ness shall also be a citizen of the United States, more than  twenty-one
   22  years  of  age  and  maintain  a place of business in the city or county
   23  where the license is issued. For such business, if the  applicant  is  a
   24  firm  or  partnership,  each member thereof shall comply with all of the
   25  requirements set forth in this subdivision and if  the  applicant  is  a
   26  corporation, each officer thereof shall so comply.
   27    S  5.  Subdivisions  11  and 12 of section 400.00 of the penal law, as
   28  amended by chapter 1 of the  laws  of  2013,  are  amended  to  read  as
   29  follows:
   30    11. License: revocation and suspension. (a) The conviction of a licen-
   31  see  anywhere  of  a felony or serious offense or a licensee at any time
   32  becoming ineligible to obtain a license under this section shall operate
   33  as a revocation of the license. A license may be revoked or suspended as
   34  provided for in section 530.14 of the criminal procedure law or  section
   35  eight  hundred forty-two-a of the family court act. Except for a license
   36  issued pursuant to section 400.01 of this  article,  a  license  may  be
   37  revoked  and  cancelled  at any time in the city of New York, and in the
   38  counties of Nassau and Suffolk, by the licensing officer, and  elsewhere
   39  than  in  the  city  of  New  York by any judge or justice of a court of
   40  record; a license issued pursuant to section 400.01 of this article  may
   41  be  revoked  and  cancelled  at any time by the licensing officer or any
   42  judge or justice of a court of record.  A LICENSE TO ENGAGE IN THE BUSI-
   43  NESS OF DEALER MAY BE REVOKED OR SUSPENDED  FOR  ANY  VIOLATION  OF  THE
   44  PROVISIONS  OF  ARTICLE  THIRTY-NINE-DD OR FORTY OF THE GENERAL BUSINESS
   45  LAW. The official revoking a license shall give written  notice  thereof
   46  without unnecessary delay to the executive department, division of state
   47  police,  Albany,  and shall also notify immediately the duly constituted
   48  police authorities of the locality.
   49    (b) Whenever the director of community services or his or her designee
   50  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
   51  division  of  criminal  justice  services shall convey such information,
   52  whenever it determines that the person named in the report  possesses  a
   53  license  issued  pursuant  to this section, to the appropriate licensing
   54  official, who shall issue an order suspending or revoking such license.
   55    (c) In any instance in  which  a  person's  license  is  suspended  or
   56  revoked  under  paragraph  (a)  or  (b) of this subdivision, such person
       S. 1302                             9
    1  shall surrender such license to the appropriate licensing  official  and
    2  any  and  all  firearms,  rifles, or shotguns owned or possessed by such
    3  person shall be surrendered to an appropriate law enforcement agency  as
    4  provided  in  subparagraph  (f)  of  paragraph  one  of subdivision a of
    5  section 265.20 of this chapter. In  the  event  such  license,  firearm,
    6  shotgun,  or  rifle  is not surrendered, such items shall be removed and
    7  declared a nuisance and any  police  officer  or  peace  officer  acting
    8  pursuant  to  his  or her special duties is authorized to remove any and
    9  all such weapons.
   10    12. Records required of gunsmiths and dealers in  firearms.  [Any]  IN
   11  ADDITION  TO  THE  REQUIREMENTS SET FORTH IN ARTICLES THIRTY-NINE-DD AND
   12  FORTY OF THE GENERAL BUSINESS LAW, ANY person licensed  as  gunsmith  or
   13  dealer  in firearms shall keep a record book approved as to form, except
   14  in the city of New York, by the superintendent of state police.  In  the
   15  record  book shall be entered at the time of every transaction involving
   16  a firearm the date, name, age, occupation and residence  of  any  person
   17  from  whom  a firearm is received or to whom a firearm is delivered, and
   18  the calibre, make, model, manufacturer's name and serial number,  or  if
   19  none,  any  other  distinguishing  number or identification mark on such
   20  firearm. Before delivering a firearm to any person, the  licensee  shall
   21  require  him  to  produce  either  a license valid under this section to
   22  carry or possess the same, or proof of lawful  authority  as  an  exempt
   23  person  pursuant  to section 265.20 OF THIS CHAPTER. In addition, before
   24  delivering a firearm to a peace officer, the licensee shall verify  that
   25  person's  status  as  a peace officer with the division of state police.
   26  After completing the foregoing, the licensee shall remove and retain the
   27  attached coupon and enter in the record book the date of  such  license,
   28  number,  if  any,  and name of the licensing officer, in the case of the
   29  holder of a license to carry or possess, or the shield or other  number,
   30  if  any,  assignment  and  department, unit or agency, in the case of an
   31  exempt person. The original transaction report shall be forwarded to the
   32  division of state police within ten days of delivering a firearm to  any
   33  person,  and  a duplicate copy shall be kept by the licensee. The super-
   34  intendent of state police  may  designate  that  such  record  shall  be
   35  completed  and transmitted in electronic form. A dealer may be granted a
   36  waiver from transmitting such records in electronic form if  the  super-
   37  intendent  determines that such dealer is incapable of such transmission
   38  due to technological limitations that  are  not  reasonably  within  the
   39  control  of  the dealer, or other exceptional circumstances demonstrated
   40  by the dealer, pursuant to a process established in regulation,  and  at
   41  the discretion of the superintendent. Records assembled or collected for
   42  purposes of inclusion in the database created pursuant to section 400.02
   43  of  this  article shall not be subject to disclosure pursuant to article
   44  six of the public officers law. The record book shall be  maintained  on
   45  the premises mentioned and described in the license and shall be open at
   46  all  reasonable hours for inspection by any peace officer, acting pursu-
   47  ant to his special duties, or police officer. In the event of  cancella-
   48  tion or revocation of the license for gunsmith or dealer in firearms, or
   49  discontinuance  of  business  by  a  licensee, such record book shall be
   50  immediately surrendered to the licensing officer  in  the  city  of  New
   51  York,  and  in  the counties of Nassau and Suffolk, and elsewhere in the
   52  state to the executive department, division of state police.
   53    S 6. Severability. If any clause, sentence, paragraph, section or part
   54  of this act shall be adjudged by any court of competent jurisdiction  to
   55  be  invalid,  such  judgment  shall not affect, impair or invalidate the
   56  remainder thereof, but shall be confined in its operation to the clause,
       S. 1302                            10
    1  sentence, paragraph, section or part thereof directly  involved  in  the
    2  controversy in which such judgment shall have been rendered.
    3    S  7.  This  act shall take effect on the ninetieth day after it shall
    4  have become a law; provided that the superintendent of state  police  is
    5  authorized  and directed to immediately adopt, amend and promulgate such
    6  rules and regulations as may be necessary and  desirable  to  effectuate
    7  the purposes of section two of this act.