Bill Text: NY A03181 | 2013-2014 | 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 3-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A03181 Detail]

Download: New_York-2013-A03181-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3181
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Codes
       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    S 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    S  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. S 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.
   24    S 827. EXEMPTIONS. SECTION EIGHT HUNDRED TWENTY-SIX  OF  THIS  ARTICLE
   25  SHALL NOT APPLY TO:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01834-01-3
       A. 3181                             2
    1    1.  ANY  LAW  ENFORCEMENT OR CORRECTIONAL AGENCY, OR POLICE OFFICER OR
    2  CORRECTIONS OFFICER ACTING WITHIN THE COURSE OR  SCOPE  OF  HIS  OR  HER
    3  EMPLOYMENT;
    4    2.  ANY  FEDERAL  OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS OR CARRY A
    5  FIREARM IN THE COURSE OF HIS OR HER DUTIES, AND ANY MEMBER OF THE  ARMED
    6  FORCES OF THE UNITED STATES OR THE NATIONAL GUARD;
    7    3.  ANY  MANUFACTURER,  DISTRIBUTOR  OR DEALER OF FIREARMS WHEN TRANS-
    8  FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER;
    9    4. ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL  LAW,
   10  RECEIVING A FIREARM FOR SERVICE OR REPAIR; AND
   11    5.  ANY  COMMON  CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
   12  BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS.
   13    S 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
   14  SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   15    S 2. This act shall take effect on the first of January next  succeed-
   16  ing the date on which it shall have become a law.