STATE OF NEW YORK
________________________________________________________________________
1414
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the general business law, in relation
to establishing a waiting period before a firearm, shotgun or rifle
may be delivered to a person
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 either (a) the National Instant Criminal Background Check System
16 (NICS) or its successor has issued a "proceed" response to the licensee,
17 or (b) ten business days have elapsed since the date the licensee
18 contacted NICS to initiate a national instate criminal background check
19 and NICS has not notified the licensee that the transfer of the firearm
20 to such person should be denied. In addition, before delivering a
21 firearm to a peace officer, the licensee shall verify that person's
22 status as a peace officer with the division of state police. After
23 completing the foregoing, the licensee shall remove and retain the
24 attached coupon and enter in the record book the date of such license,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01251-01-7
S. 1414 2
1 number, if any, and name of the licensing officer, in the case of the
2 holder of a license to carry or possess, or the shield or other number,
3 if any, assignment and department, unit or agency, in the case of an
4 exempt person. The original transaction report shall be forwarded to the
5 division of state police within ten days of delivering a firearm to any
6 person, and a duplicate copy shall be kept by the licensee. The super-
7 intendent of state police may designate that such record shall be
8 completed and transmitted in electronic form. A dealer may be granted a
9 waiver from transmitting such records in electronic form if the super-
10 intendent determines that such dealer is incapable of such transmission
11 due to technological limitations that are not reasonably within the
12 control of the dealer, or other exceptional circumstances demonstrated
13 by the dealer, pursuant to a process established in regulation, and at
14 the discretion of the superintendent. Records assembled or collected for
15 purposes of inclusion in the database created pursuant to section 400.02
16 of this article shall not be subject to disclosure pursuant to article
17 six of the public officers law. The record book shall be maintained on
18 the premises mentioned and described in the license and shall be open at
19 all reasonable hours for inspection by any peace officer, acting pursu-
20 ant to his special duties, or police officer. In the event of cancella-
21 tion or revocation of the license for gunsmith or dealer in firearms, or
22 discontinuance of business by a licensee, such record book shall be
23 immediately surrendered to the licensing officer in the city of New
24 York, and in the counties of Nassau and Suffolk, and elsewhere in the
25 state to the executive department, division of state police.
26 § 2. The penal law is amended by adding a new section 400.20 to read
27 as follows:
28 § 400.20 Waiting period in connection with the sale or transfer of a
29 rifle or shotgun.
30 When a national instant criminal background check is required pursuant
31 to state or federal law to be conducted through the National Instant
32 Criminal Background Check System (NICS) or its successor in connection
33 with the sale or transfer of a rifle or shotgun to any person, before
34 delivering a rifle or shotgun to such person, either (a) NICS has issued
35 a "proceed" response to the seller or transferor, or (b) ten business
36 days shall have elapsed since the date the seller or transferor
37 contacted NICS to initiate a national instant criminal background check
38 and NICS has not notified the seller or transferor that the transfer of
39 the rifle or shotgun to such person should be denied.
40 § 3. Subdivision 1 of section 897 of the general business law, as
41 added by chapter 189 of the laws of 2000, is amended to read as follows:
42 1. A national instant criminal background check shall be conducted and
43 no person shall sell or transfer a firearm, rifle or shotgun at a gun
44 show, except in accordance with the provisions of 18 U.S.C. 922(t),
45 provided that before delivering a firearm, rifle or shotgun to any
46 person, either (a) the National Instant Criminal Background Check System
47 (NICS) or its successor has issued a "proceed" response to the seller or
48 transferor, or (b) ten business days shall have elapsed since the date
49 the seller or transferor contacted NICS to initiate a national instant
50 criminal background check and NICS has not notified the seller or
51 transferor that the transfer of the firearm, rifle or shotgun to such
52 person should be denied.
53 § 4. Subdivisions 1 and 2 of section 898 of the general business law,
54 as added by chapter 1 of the laws of 2013, are amended to read as
55 follows:
S. 1414 3
1 1. In addition to any other requirements pursuant to state and feder-
2 al law, all sales, exchanges or disposals of firearms, rifles or shot-
3 guns shall be conducted in accordance with this section unless such
4 sale, exchange or disposal is conducted by a licensed importer, licensed
5 manufacturer or licensed dealer, as those terms are defined in 18 USC §
6 922, when such sale, exchange or disposal is conducted pursuant to that
7 person's federal firearms license or such sale, exchange or disposal is
8 between members of an immediate family. When a sale, exchange or
9 disposal is conducted pursuant to a person's federal firearms license,
10 before delivering a firearm, rifle or shotgun to any person, either (a)
11 the National Instant Criminal Background Check System (NICS) or its
12 successor has issued a "proceed" response to the federal firearms licen-
13 see, or (b) ten business days shall have elapsed since the date the
14 federal firearms licensee contacted NICS to initiate a national instant
15 criminal background check and NICS has not notified the federal firearms
16 licensee that the transfer of the firearm, rifle or shotgun to such
17 person should be denied. For purposes of this section, "immediate fami-
18 ly" shall mean spouses, domestic partners, children and step-children.
19 2. Before any sale, exchange or disposal pursuant to this article, a
20 national instant criminal background check must be completed by a dealer
21 who consents to conduct such check, and upon completion of such back-
22 ground check, shall complete a document, the form of which shall be
23 approved by the superintendent of state police, that identifies and
24 confirms that such check was performed. Before a dealer who consents to
25 conduct a national instant criminal background check delivers a firearm,
26 rifle or shotgun to any person, either (a) NICS issued a "proceed"
27 response to the dealer, or (b) ten business days shall have elapsed
28 since the date the dealer contacted NICS to initiate a national instant
29 criminal background check and NICS has not notified the dealer that the
30 transfer of the firearm, rifle or shotgun to such person should be
31 denied.
32 § 5. This act shall take effect on the sixtieth day after it shall
33 have become a law.