Bill Text: NY A08421 | 2023-2024 | General Assembly | Introduced
Bill Title: Removes ammunition and ammunition sales from the requirements of background checks; repeals certain provisions of law relating thereto; repeals the background check fund.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced) 2024-05-07 - held for consideration in codes [A08421 Detail]
Download: New_York-2023-A08421-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8421 2023-2024 Regular Sessions IN ASSEMBLY December 29, 2023 ___________ Introduced by M. of A. BYRNES, GALLAHAN -- read once and referred to the Committee on Codes AN ACT to amend the executive law, in relation to national instant crim- inal background checks; and to repeal certain provisions of the penal law, the executive law and the state finance law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 400.02 of the penal law is 2 REPEALED. 3 § 2. Subdivisions 1, 2, 3 and 4 of section 228 of the executive law, 4 as added by chapter 371 of the laws of 2022, are amended to read as 5 follows: 6 1. (a) The division is hereby authorized and directed to serve as a 7 state point of contact for implementation of 18 U.S.C. sec. 922 (t), all 8 federal regulations and applicable guidelines adopted pursuant thereto, 9 and the national instant criminal background check system for the 10 purchase of firearms [and ammunition]. 11 (b) Upon receiving a request from a licensed dealer pursuant to 12 section eight hundred ninety-six or eight hundred ninety-eight of the 13 general business law, the division shall initiate a background check by 14 (i) contacting the National Instant Criminal Background Check System 15 (NICS) or its successor to initiate a national instant criminal back- 16 ground check, and (ii) consulting the statewide firearms license and 17 records database established pursuant to subdivision three of this 18 section, in order to determine if the purchaser is a person described in 19 sections 400.00 and 400.03 of the penal law, or is prohibited by state 20 or federal law from possessing, receiving, owning, or purchasing a 21 firearm [or ammunition]. 22 2. (a) The division shall report the name, date of birth and physical 23 description of any person prohibited from possessing a firearm pursuant EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13175-03-3A. 8421 2 1 to 18 U.S.C. sec. 922(g) or (n) to the national instant criminal back- 2 ground check system index, denied persons files. 3 (b) Information provided pursuant to this section shall remain privi- 4 leged and confidential, and shall not be disclosed, except for the 5 purpose of enforcing federal or state law regarding the purchase of 6 firearms [or ammunition]. 7 (c) Any background check conducted by the division, or delegated 8 authority, of any applicant for a permit, firearms identification card, 9 license, [ammunition sale,] or registration, in accordance with the 10 requirements of section 400.00 of the penal law, shall not be considered 11 a public record and shall not be disclosed to any person not authorized 12 by law or this chapter to have access to such background check, includ- 13 ing the applicant. Any application for a permit, firearms identification 14 card, [ammunition sale,] or license, and any document reflecting the 15 issuance or denial of such permit, firearms identification card, or 16 license, and any permit, firearms identification card, license, certif- 17 ication, certificate, form of register, or registration statement, main- 18 tained by any state or municipal governmental agency, shall not be 19 considered a public record and shall not be disclosed to any person not 20 authorized by law to have access to such documentation, including the 21 applicant, except on the request of persons acting in their governmental 22 capacities for purposes of the administration of justice. 23 3. The division shall create and maintain a statewide firearms license 24 and records database which shall contain records held by the division 25 and any records that it is authorized to request from the division of 26 criminal justice services, office of court administration, New York 27 state department of health, New York state office of mental health, and 28 other local entities. Such database shall be used for the certification 29 and recertification of firearm permits under section 400.02 of the penal 30 law, and assault weapon registration under subdivision sixteen-a of 31 section 400.00 of the penal law[, and ammunition sales under section32400.03 of the penal law]. Such database shall also be used to initiate a 33 national instant criminal background check pursuant to subdivision one 34 of this section upon request from a licensed dealer. The division may 35 create and maintain additional databases as needed to complete back- 36 ground checks pursuant to the requirements of this section. The cost of 37 any database or databases created shall be borne entirely by the state 38 and shall not be passed on to consumers or retailers in the form of new 39 fees or additional taxes. 40 4. The superintendent shall promulgate a plan to coordinate background 41 checks for firearm [and ammunition] purchases pursuant to this section 42 and to require any person, firm or corporation that sells, delivers or 43 otherwise transfers any firearm [or ammunition] to submit a request to 44 the division in order to complete the background checks in compliance 45 with federal and state law, including the National Instant Criminal 46 Background Check System (NICS), in New York state. Such plan shall 47 include, but shall not be limited to, the following features: 48 (a) The creation of a centralized bureau within the division to 49 receive and process all background check requests, which shall include a 50 contact center unit and an appeals unit. Staff may include but is not 51 limited to: bureau chief, supervisors, managers, different levels of 52 administrative analysts, appeals specialists and administrative person- 53 nel. The division shall employ and train such personnel to administer 54 the provisions of this section. The costs of creating a centralized 55 bureau within the division shall be borne entirely by the state andA. 8421 3 1 shall not be passed on to consumers or retailers in the form of new fees 2 or additional taxes. 3 (b) Procedures for carrying out the duties under this section, includ- 4 ing hours of operation. 5 (c) An automated phone system and web-based application system, 6 including a toll-free telephone number and/or web-based application 7 option for any licensed dealer requesting a background check in order to 8 sell, deliver or otherwise transfer a firearm which shall be operational 9 every day that the bureau is open for business for the purpose of 10 responding to requests in accordance with this section. 11 § 3. Subdivision 5 of section 228 of the executive law is REPEALED. 12 § 4. Paragraph c of subdivision 6 of section 228 of the executive law 13 is REPEALED. 14 § 5. Section 99-pp of the state finance law, as added by chapter 371 15 of the laws of 2022, is REPEALED. 16 § 6. This act shall take effect immediately.