Bill Text: NY A04261 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes a ten business day waiting period from contact of the New York State National Instant Background Check System (NYS NICS) before a firearm, shotgun or rifle may be delivered to a person.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-01-31 - print number 4261a [A04261 Detail]
Download: New_York-2023-A04261-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4261--A 2023-2024 Regular Sessions IN ASSEMBLY February 14, 2023 ___________ Introduced by M. of A. PAULIN, DINOWITZ, DICKENS, SEAWRIGHT, L. ROSEN- THAL, ZINERMAN -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 207 of the laws of 2022, is amended to read as 3 follows: 4 12. Records required of gunsmiths and dealers in firearms. In addition 5 to the requirements set forth in article thirty-nine-BB of the general 6 business law, any person licensed as gunsmith or dealer in firearms 7 shall keep a record book approved as to form, except in the city of New 8 York, by the superintendent of state police. In the record book shall be 9 entered at the time of every transaction involving a firearm the date, 10 name, age, occupation and residence of any person from whom a firearm is 11 received or to whom a firearm is delivered, and the calibre, make, 12 model, manufacturer's name and serial number, or if none, any other 13 distinguishing number or identification mark on such firearm. Before 14 delivering a firearm to any person, the licensee shall require him to 15 produce either a license valid under this section to carry or possess 16 the same, or proof of lawful authority as an exempt person pursuant to 17 section 265.20 of this chapter and [either] (a) [the National Instant18Criminal Background Check System (NICS) or its successor has issued a19"proceed" response to the licensee, or (b) thirty calendar] ten business 20 days have elapsed since the date the licensee contacted [NICS] the New 21 York State National Instant Background Check System ("NYS NICS") or its EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08360-03-4A. 4261--A 2 1 successor to initiate a national instant criminal background check and 2 (b) NYS NICS has [not notified] issued a "proceed" response to the 3 licensee [that]. If, after thirty calendar days, NYS NICS has not issued 4 a response to the licensee for the person requesting transfer of the 5 firearm, the licensee may transfer the firearm to such person [should be6denied] at the licensee's discretion. In addition, before delivering a 7 firearm to a peace officer, the licensee shall verify that person's 8 status as a peace officer with the division of state police. After 9 completing the foregoing, the licensee shall remove and retain the 10 attached coupon and enter in the record book the date of such license, 11 number, if any, and name of the licensing officer, in the case of the 12 holder of a license to carry or possess, or the shield or other number, 13 if any, assignment and department, unit or agency, in the case of an 14 exempt person. The original transaction report shall be forwarded to the 15 division of state police within ten days of delivering a firearm to any 16 person, and a duplicate copy shall be kept by the licensee. The super- 17 intendent of state police may designate that such record shall be 18 completed and transmitted in electronic form. A dealer may be granted a 19 waiver from transmitting such records in electronic form if the super- 20 intendent determines that such dealer is incapable of such transmission 21 due to technological limitations that are not reasonably within the 22 control of the dealer, or other exceptional circumstances demonstrated 23 by the dealer, pursuant to a process established in regulation, and at 24 the discretion of the superintendent. Records assembled or collected 25 for purposes of inclusion in the database created pursuant to section 26 400.02 of this article shall not be subject to disclosure pursuant to 27 article six of the public officers law. The record book shall be main- 28 tained on the premises mentioned and described in the license and shall 29 be open at all reasonable hours for inspection by any peace officer, 30 acting pursuant to his special duties, or police officer. In the event 31 of cancellation or revocation of the license for gunsmith or dealer in 32 firearms, or discontinuance of business by a licensee, such record book 33 shall be immediately surrendered to the licensing officer in the city of 34 New York, and in the counties of Nassau and Suffolk, and elsewhere in 35 the state to the executive department, division of state police. 36 § 2. Section 400.20 of the penal law, as added by chapter 129 of the 37 laws of 2019, is amended to read as follows: 38 § 400.20 Waiting period in connection with the sale or transfer of a 39 rifle or shotgun. 40 When a national instant criminal background check is required pursuant 41 to state or federal law to be conducted through the New York State 42 National Instant [Criminal] Background Check System [(NICS)] (NYS NICS) 43 or its successor in connection with the sale or transfer of a rifle or 44 shotgun to any person, before delivering a rifle or shotgun to such 45 person, [either] (a) [NICS has issued a "proceed" response to the seller46or transferor, or (b) thirty calendar] ten business days shall have 47 elapsed since the date the seller or transferor contacted [NICS] NYS 48 NICS to initiate a national instant criminal background check and (b) 49 NYS NICS has [not notified] issued a "proceed" response to the seller or 50 transferor [that]. If, after thirty calendar days, NYS NICS has not 51 issued a response to the seller or transferor for the person requesting 52 transfer of the rifle or shotgun, the seller or transferor may transfer 53 the rifle or shotgun to such person [should be denied] at the seller or 54 transferor's discretion.A. 4261--A 3 1 § 3. Subdivision 1 of section 897 of the general business law, as 2 amended by chapter 129 of the laws of 2019, is amended to read as 3 follows: 4 1. A national instant criminal background check shall be conducted and 5 no person shall sell or transfer a firearm, rifle or shotgun at a gun 6 show, except in accordance with the provisions of 18 U.S.C. 922(t), 7 provided that before delivering a firearm, rifle or shotgun to any 8 person, [either] (a) [the National Instant Criminal Background Check9System (NICS) or its successor has issued a "proceed" response to the10seller or transferor, or (b) thirty calendar] ten business days shall 11 have elapsed since the date the seller or transferor contacted [NICS] 12 the New York State National Instant Background Check System ("NYS NICS") 13 or its successor to initiate a national instant criminal background 14 check and NYS NICS has [not notified] issued a "proceed" response to the 15 seller or transferor [that]. If, after thirty calendar days, NYS NICS 16 has not issued a response to the seller or transferor for the person 17 requesting transfer of the firearm, rifle or shotgun, the seller or 18 transferor may transfer the firearm, rifle or shotgun to such person 19 [should be denied] at the seller or transferor's discretion. 20 § 4. Subdivisions 1 and 2 of section 898 of the general business law, 21 subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi- 22 sion 2 as amended by chapter 371 of the laws of 2022, are amended to 23 read as follows: 24 1. In addition to any other requirements pursuant to state and federal 25 law, all sales, exchanges or disposals of firearms, rifles or shotguns 26 shall be conducted in accordance with this section unless such sale, 27 exchange or disposal is conducted by a licensed importer, licensed 28 manufacturer or licensed dealer, as those terms are defined in 18 USC § 29 922, when such sale, exchange or disposal is conducted pursuant to that 30 person's federal firearms license or such sale, exchange or disposal is 31 between members of an immediate family. When a sale, exchange or 32 disposal is conducted pursuant to a person's federal firearms license, 33 before delivering a firearm, rifle or shotgun to any person, [either] 34 (a) [the National Instant Criminal Background Check System (NICS) or its35successor has issued a "proceed" response to the federal firearms licen-36see, or (b) thirty calendar] ten business days shall have elapsed since 37 the date the federal firearms licensee contacted [NICS] the New York 38 State National Instant Background Check System ("NYS NICS") or its 39 successor to initiate a national instant criminal background check and 40 (b) NYS NICS has [not notified] issued a "proceed" response to the 41 federal firearms licensee [that]. If, after thirty calendar days, NYS 42 NICS has not issued a response to the federal firearms licensee for the 43 person requesting transfer of the firearm, rifle or shotgun , the feder- 44 al firearm licensee may transfer the firearm, rifle or shotgun to such 45 person [should be denied] at the federal firearm licensee's discretion. 46 For purposes of this section, "immediate family" shall mean spouses, 47 domestic partners, children and step-children. 48 2. Before any sale, exchange or disposal pursuant to this article, a 49 national instant criminal background check must be completed by a dealer 50 who shall submit a request to the division of state police pursuant to 51 section two hundred twenty-eight of the executive law to conduct such 52 check. Before a dealer who has submitted a request to the division of 53 state police to conduct a national instant criminal background check 54 delivers a firearm, rifle or shotgun to any person, [either] (a) [NICS55shall have issued a "proceed" response, or (b) thirty calendar] ten 56 business days shall have elapsed since the date the dealer submitted aA. 4261--A 4 1 request to the division of state police to contact the [NICS] NYS NICS 2 or its successor to initiate a national instant criminal background 3 check and (b) NYS NICS has [not notified] issued a "proceed" response to 4 the [division of state police that] dealer. If, after thirty calendar 5 days, NYS NICS has not issued a response to the dealer for the person 6 requesting transfer of the firearm, rifle or shotgun, the dealer may 7 transfer the firearm, rifle or shotgun to such person [should be denied] 8 at the dealer's discretion. 9 § 5. This act shall take effect on the sixtieth day after it shall 10 have become a law.
