Bill Text: NY S08780 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to individuals with a criminal record; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training; prohibits straw purchases; imposes additional license conditions.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2022-05-24 - PRINT NUMBER 8780A [S08780 Detail]
Download: New_York-2021-S08780-Introduced.html
Bill Title: Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to individuals with a criminal record; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training; prohibits straw purchases; imposes additional license conditions.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2022-05-24 - PRINT NUMBER 8780A [S08780 Detail]
Download: New_York-2021-S08780-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8780 IN SENATE April 14, 2022 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the general business law and the penal law, in relation to preventing the unlawful sale of firearms, rifles, and shotguns to individuals with a criminal record 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. Guns--including firearms, rifles and shotguns--are used to kill 4 almost 40,000 individuals in the United States every year, including 800 5 individuals in New York state alone. Additionally, there are 115,000 6 non-fatal injuries across the country. Gun violence also costs billions 7 of dollars and causes incalculable emotional damage, devastating 8 families and communities throughout the country. In spite of the efforts 9 of many individual federal officials, the federal government has been 10 unwilling to enact legislation to address this public health crisis and 11 has left it up to state and local governments to do so. The state of New 12 York has a strong interest in reducing violence and crimes that involve 13 the use of guns and the illegal trafficking of guns. Illegal guns 14 obtained throughout the state end up in the hands of individuals who are 15 prohibited from possessing them because of their criminal record, their 16 youth, their particular mental health, or a protective order. Such ille- 17 gal guns are often used to threaten, maim and kill New Yorkers. 18 2. There is a thriving underground market for illegal guns, which is 19 leading to shootings that are disproportionately impacting under-re- 20 sourced Black and brown communities. A highly efficient and continuous 21 business practice exists in which guns are moved from legal manufacture 22 and sale to prohibited purchasers, making them illegal guns. According 23 to a recent report of the New York state attorney general, 52,915 crime 24 guns were recovered by law enforcement in New York between 2010-2015 25 (Target on Trafficking, New York Crime Gun Analysis, October 2016, here- 26 inafter the "2016 AG Report"). Of these crime guns, 13,188 or 25% were 27 long guns. Outside New York City, long guns are sold without a permit. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01985-08-2S. 8780 2 1 The 2016 AG Report further found that 90% of the crime guns recovered 2 were recovered in seven distinct markets: New York City, the lower 3 Hudson Valley (including the cities of Yonkers, White Plains, Newburgh 4 and Poughkeepsie), the Capital Region (including Albany, Troy and Sche- 5 nectady), Syracuse, Rochester and Buffalo. Although 74% of the crime 6 guns recovered statewide were from out of state, a significant portion 7 of guns involved in crimes upstate originate within the state. For exam- 8 ple, according to the 2016 AG Report, 41% of crime guns in the Buffalo 9 area and 56% of crime guns in the Rochester area originated within New 10 York state. 11 3. Youth are particularly at risk of being killed with guns. Accord- 12 ing to the Centers for Disease Control and Prevention, in 2019 alone, 40 13 children and teens (under the age of 19) died from gun violence in New 14 York state. 15 4. A substantial portion of illegal guns are diverted to the illegal 16 market through licensed gun dealers. Rogue gun dealers play a key role 17 in this market. These rogue dealers funnel guns to the illegal market 18 through a variety of channels. One of the most common means is to allow 19 "straw purchases". A straw purchase occurs when a person purchases a gun 20 on behalf of a prohibited person. In 2000, the Bureau of Alcohol, 21 Tobacco, Firearms, and Explosives (ATF) conducted an investigation of 22 gun trafficking from July 1996 to December 1998 and found that almost 23 26,000 trafficked guns were associated with investigations in which 24 there was a straw purchaser. Almost 50% of all trafficking investi- 25 gations involved straw purchasers, with an average of 37 guns trafficked 26 per investigation. Another issue, according to a 2008 report by Mayors 27 Against Illegal Guns, Inside Straw Purchasing: How Criminals Get Guns 28 Illegally, is that many traffickers return to the same store again and 29 again once they have identified it as one in which they can make straw 30 purchases easily. According to the ATF, 1% of gun dealers are the 31 source of almost 60% of crime guns. Although ATF has not since released 32 an updated report on straw purchases, a 2019 University of Chicago study 33 found that of those incarcerated for a gun-related crime, 58% acquired 34 their gun from a friend or acquaintance. 35 5. Although most gun dealers operate their businesses legally and 36 responsibly, some gun dealers who are corrupt or maintain shoddy record- 37 keeping practices flood the streets with illegal guns as a result of 38 their unrestricted access to new gun inventory and the unwillingness of 39 gun manufacturers to terminate their supply to these rogue dealers. 40 Current federal and state regulation has not curbed the business prac- 41 tice of illegal gun dealers. According to a 2004 study by Americans for 42 Gun Safety, of the 120 worst gun dealers in the country, namely those 43 dealers with an average of 500 crime guns traced to them, 96 were still 44 in operation. 45 6. Moreover, this problem is not limited to unlicensed sellers, and 46 clearly includes federal firearms licensees (FFLs). Indeed, although 47 FFLs were involved in under 10% of the trafficking investigations under- 48 taken by ATF, they were associated with 40,000 diverted guns nearly half 49 of the total number of trafficked guns documented during the two-year 50 period of the ATF's investigation. Additionally, a 2010 report by 51 Mayors Against Illegal Guns indicated that several states that allow 52 state authorities to supplement the federal ATF inspection with routine 53 inspections provide law enforcement with more opportunities to uncover 54 dealers in violation of the law. These inspections also help identify 55 dealers who exercise lax oversight over their inventory and may lead to 56 improved compliance with federal, state, and local laws.S. 8780 3 1 7. Current state law governing gun dealers is inadequate to prevent 2 the diversion of guns to the illegal marketplace. Additional 3 protections that are needed include better gun dealer internal compli- 4 ance procedures, programs to eliminate straw purchases, improved securi- 5 ty measures, reduced youth access, and mandatory training for gun dealer 6 employees. The additional protections set forth in this act will great- 7 ly enhance the state's efforts to stop gun violence and criminal activ- 8 ity in New York. 9 § 2. The general business law is amended by adding a new article 39-BB 10 to read as follows: 11 ARTICLE 39-BB 12 PREVENTING THE UNLAWFUL SALE OF FIREARMS, 13 RIFLES, AND SHOTGUNS TO INDIVIDUALS WITH A CRIMINAL RECORD 14 Section 875-a. Definitions. 15 875-b. Reasonable measures to prevent unlawful sales and trans- 16 fers to individuals who are prohibited from purchasing 17 or possessing firearms, rifles, and shotguns. 18 875-c. Security. 19 875-d. Access to firearms, rifles, and shotguns. 20 875-e. Location of firearm, rifle, and shotgun sales. 21 875-f. Employee training. 22 875-g. Maintenance of records. 23 875-h. Internal compliance and certification. 24 875-i. Rules and regulations. 25 875-j. Violations. 26 § 875-a. Definitions. For the purposes of this article: 27 1. "Dealer" means a gunsmith or dealers in firearms licensed pursuant 28 to section 400.00 of the penal law. 29 2. "Dispose of" means to dispose of, give, give away, lease, lend, 30 keep for sale, offer, offer for sale, sell, transfer, or otherwise 31 dispose of. 32 3. "Firearm" has the same meaning as that term is defined in subdivi- 33 sion three of section 265.00 of the penal law. 34 4. "Firearm exhibitor" means any person, firm, partnership, corpo- 35 ration, or company that exhibits, sells, offers for sale, transfers, or 36 exchanges firearms, rifles, or shotguns at a gun show. 37 5. "Rifle" has the same meaning as that term is defined in subdivision 38 eleven of section 265.00 of the penal law. 39 6. "Shotgun" has the same meaning as that term is defined in subdivi- 40 sion twelve of section 265.00 of the penal law. 41 7. "Straw purchase" means the purchase, or attempt to purchase, by a 42 person of a firearm, rifle, shotgun or ammunition for, on behalf of, or 43 for the use of another person known or unknown. The term shall not 44 include a bona fide gift to a person who is not prohibited from possess- 45 ing or receiving such a firearm. For purposes of the preceding sentence, 46 a gift to a person is not a bona fide gift if the person has offered or 47 given the purchaser a service or thing of value to acquire the firearm 48 for the person. 49 8. "Straw purchaser" means a person who purchases or attempts to 50 purchase a firearm, rifle, shotgun or ammunition for, on behalf of, or 51 for the use of such other person known or unknown, other than as a bona 52 fide gift. 53 9. "Superintendent" means the superintendent of state police. 54 § 875-b. Reasonable measures to prevent unlawful sales and transfers 55 to individuals who are prohibited from purchasing or possessing 56 firearms, rifles, and shotguns. Every dealer shall adopt reasonableS. 8780 4 1 measures to prevent firearms, rifles, and shotguns from being diverted 2 from the legal stream of commerce, intentionally or otherwise, for later 3 sale, transfer, or disposal to individuals not legally entitled to 4 purchase or possess such weapons. Such measures shall include, but need 5 not be limited to, programs to eliminate sales to straw purchasers and 6 to otherwise thwart illegal gun trafficking. The superintendent shall 7 develop programs designed to eliminate sales to straw purchasers and to 8 otherwise thwart illegal gun trafficking. Within six months of the 9 effective date of this article, the superintendent shall submit a report 10 to the legislature detailing such programs, including establishing mini- 11 mum requirements for such programs. 12 § 875-c. Security. 1. Every dealer shall implement a security plan 13 for securing firearms, rifles and shotguns, including firearms, rifles 14 and shotguns in shipment. The plan must satisfy at least the following 15 requirements: 16 (a) display cases shall be locked at all times except when removing a 17 single firearm, rifle or shotgun to show a customer, and customers shall 18 handle firearms, rifles or shotguns only under the direct supervision of 19 an employee; 20 (b) all firearms, rifles and shotguns shall be secured, other than 21 during business hours, in a locked fireproof safe or vault in the 22 licensee's business premises or in a similar secured and locked area; 23 and 24 (c) ammunition shall be stored separately from firearms, rifles and 25 shotguns and out of reach of customers. 26 2. (a) The permitted business location shall be secured by an alarm 27 system that is installed and maintained by an alarm company operator 28 properly licensed pursuant to state law. The alarm system must be moni- 29 tored by a central station listed by Underwriters Laboratories, Inc., 30 and covered by an active Underwriters Laboratories, Inc. alarm system 31 certificate with a #3 extent of protection. The permitted business 32 shall be equipped with a video recording device at each point of sale 33 and entrance and exits to the premises, which shall be recorded from 34 both the indoor and outdoor vantage point and shall maintain such 35 recordings for a period of not less than two years. 36 (b) Underwriters Laboratories, Inc. uses the term "extent of 37 protection" to refer to the amount of alarm protection installed to 38 protect a particular area, room or container. Systems with a #3 extent 39 of protection include complete protection for all accessible openings, 40 and partial motion and sound detection at certain other areas of the 41 premises. More information may be found in: Central Station Alarm Asso- 42 ciation, A Practical Guide to Central Station Burglar Alarm Systems (3rd 43 ed. 2005). 44 § 875-d. Access to firearms, rifles, and shotguns. Every retail dealer 45 shall exclude all persons under eighteen years of age from those 46 portions of its premises where firearms, rifles, shotguns, or ammunition 47 are stocked or sold, unless such person is accompanied by a parent or 48 guardian. 49 § 875-e. Location of firearm, rifle, and shotgun sales. Every dealer 50 shall sell or otherwise dispose of firearms, rifles, and shotguns only 51 at the location listed on the dealer's federal firearms license or at 52 gun shows. 53 § 875-f. Employee training. 1. Every dealer shall annually provide 54 the training outlined by the superintendent pursuant to subdivision two 55 of this section to all new and current employees and other personnel 56 engaged in the retail sale of firearms, rifles, and shotguns. DealersS. 8780 5 1 shall keep a record of the completion of this training which may be 2 requested as part of the certification process outlined in paragraph (b) 3 of subdivision one of section eight hundred seventy-five-h of this arti- 4 cle. 5 2. The superintendent shall develop and make available to each 6 licensed dealer, a training course in the conduct of firearm, rifle, and 7 shotgun transfers including at a minimum the following: 8 (a) Federal and state laws governing firearm, rifle, and shotgun 9 transfers. 10 (b) How to recognize, identify, respond, and report straw purchases, 11 illegal purchases, and fraudulent activity. 12 (c) How to recognize, identify, respond, and report an individual who 13 intends to use a firearm, rifle, or shotgun for unlawful purposes, 14 including self-harm. 15 (d) How to prevent, respond, and report theft or burglary of firearms, 16 rifles, shotguns, and ammunition. 17 (e) How to educate customers on rules of gun safety, including but not 18 limited to the safe handling and storage of firearms, rifles, and shot- 19 guns. 20 (f) Such other topics the superintendent deems necessary and appropri- 21 ate. 22 3. No employee or agent of any retail dealer shall participate in the 23 sale or disposition of firearms, rifles, or shotguns unless such person 24 is at least twenty-one years of age and has first received the training 25 required by this section. The superintendent shall promulgate regu- 26 lations setting forth minimum requirements for the maintenance of 27 records of such training. 28 § 875-g. Maintenance of records. Every dealer shall establish and 29 maintain a book, or if the dealer should choose, electronic-based record 30 of such purchase, sale, inventory, and other records at the dealer's 31 place of business in such form and for such period as the superintendent 32 shall require, and shall submit a copy of such records to the New York 33 state police every April and October. Such records shall at a minimum 34 include the following: 35 1. the make, model, caliber or gauge, manufacturer's name, and serial 36 number of all rifles and shotguns that are acquired or disposed of not 37 later than one business day after their acquisition or disposition. 38 Monthly backups of these records kept in a book shall be maintained in a 39 secure container designed to prevent loss by fire, theft, or other mish- 40 ap. If the dealer chooses to maintain an electronic-based record 41 system, those records must be backed up on an external server or over 42 the internet at the close of each business day; 43 2. all rifles and shotguns acquired but not yet disposed of must be 44 accounted for through an inventory check prepared once each month and 45 maintained in a secure location; 46 3. rifle and shotgun disposition information, including the serial 47 numbers of rifles and shotguns sold, dates of sale, and identity of 48 purchasers, shall be maintained and made available at any time to 49 government law enforcement agencies and to the manufacturer of the weap- 50 on or its designee; and 51 4. every dealer shall maintain records of criminal rifle and shotgun 52 traces initiated by the federal bureau of alcohol, tobacco, firearms and 53 explosives ("ATF"). All ATF Form 4473 transaction records shall be 54 retained on the dealer's business premises in a secure container 55 designed to prevent loss by fire, theft, or other mishap. 56 § 875-h. Internal compliance and certification. 1. Every dealer shall:S. 8780 6 1 (a) implement and maintain sufficient internal compliance procedures 2 to ensure compliance with the requirements of this article and all 3 applicable federal, state, and local laws and regulations governing the 4 sale, transfer, and disposal of firearms, rifles, and shotguns; and 5 (b) annually certify to the superintendent that such dealer has 6 complied with all of the requirements of this article. The superinten- 7 dent shall by regulation determine the form and content of such annual 8 certification. 9 2. The superintendent shall promulgate regulations establishing peri- 10 odic inspections of not less than one inspection of every dealer every 11 three years, during regular and usual business hours, by the division of 12 state police of the premises of every dealer to determine compliance by 13 such dealer with the requirements of this article. Every dealer shall 14 provide the division of state police with full access to such dealer's 15 premises for such inspections. 16 § 875-i. Rules and regulations. The superintendent may promulgate such 17 additional rules and regulations as the superintendent shall deem neces- 18 sary to prevent firearms, rifles, and shotguns from being diverted from 19 the legal stream of commerce. 20 § 875-j. Violations. Any person, firm, or corporation who knowingly 21 violates any provision of this article shall be guilty of a class A 22 misdemeanor punishable as provided for in the penal law. 23 § 3. Subdivision 1 of section 400.00 of the penal law, as amended by 24 chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of 25 the laws of 2018, 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 or who is not the subject of 36 an outstanding warrant of arrest issued upon the alleged commission of a 37 felony or serious offense; (d) who is not a fugitive from justice; (e) 38 who is not an unlawful user of or addicted to any controlled substance 39 as defined in section 21 U.S.C. 802; (f) who being an alien (i) is not 40 illegally or unlawfully in the United States or (ii) has not been admit- 41 ted to the United States under a nonimmigrant visa subject to the excep- 42 tion in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the 43 Armed Forces under dishonorable conditions; (h) who, having been a citi- 44 zen of the United States, has not renounced his or her citizenship; (i) 45 who has stated whether he or she has ever suffered any mental illness; 46 (j) who has not been involuntarily committed to a facility under the 47 jurisdiction of an office of the department of mental hygiene pursuant 48 to article nine or fifteen of the mental hygiene law, article seven 49 hundred thirty or section 330.20 of the criminal procedure law, section 50 four hundred two or five hundred eight of the correction law, section 51 322.2 or 353.4 of the family court act, or has not been civilly confined 52 in a secure treatment facility pursuant to article ten of the mental 53 hygiene law; (k) who has not had a license revoked or who is not under a 54 suspension or ineligibility order issued pursuant to the provisions of 55 section 530.14 of the criminal procedure law or section eight hundred 56 forty-two-a of the family court act; (l) in the county of Westchester,S. 8780 7 1 who has successfully completed a firearms safety course and test as 2 evidenced by a certificate of completion issued in his or her name and 3 endorsed and affirmed under the penalties of perjury by a duly author- 4 ized instructor, except that: (i) persons who are honorably discharged 5 from the United States army, navy, marine corps or coast guard, or of 6 the national guard of the state of New York, and produce evidence of 7 official qualification in firearms during the term of service are not 8 required to have completed those hours of a firearms safety course 9 pertaining to the safe use, carrying, possession, maintenance and stor- 10 age of a firearm; and (ii) persons who were licensed to possess a pistol 11 or revolver prior to the effective date of this paragraph are not 12 required to have completed a firearms safety course and test; (m) who 13 has not had a guardian appointed for him or her pursuant to any 14 provision of state law, based on a determination that as a result of 15 marked subnormal intelligence, mental illness, incapacity, condition or 16 disease, he or she lacks the mental capacity to contract or manage his 17 or her own affairs; and (n) concerning whom no good cause exists for the 18 denial of the license. No person shall engage in the business of 19 gunsmith or dealer in firearms unless licensed pursuant to this section, 20 and no person shall engage in the business of dealer in firearms unless 21 such person complies with the provisions of article thirty-nine-BB of 22 the general business law. An applicant to engage in such business shall 23 also be a citizen of the United States, more than twenty-one years of 24 age and maintain a place of business in the city or county where the 25 license is issued. For such business, if the applicant is a firm or 26 partnership, each member thereof shall comply with all of the require- 27 ments set forth in this subdivision and if the applicant is a corpo- 28 ration, each officer thereof shall so comply. 29 § 4. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi- 30 vision 11 as amended by chapter 1 of the laws of 2013 and subdivision 12 31 as amended by chapter 129 of the laws of 2019, are amended to read as 32 follows: 33 11. License: revocation and suspension. (a) The conviction of a licen- 34 see anywhere of a felony or serious offense or a licensee at any time 35 becoming ineligible to obtain a license under this section shall operate 36 as a revocation of the license. A license may be revoked or suspended as 37 provided for in section 530.14 of the criminal procedure law or section 38 eight hundred forty-two-a of the family court act. Except for a license 39 issued pursuant to section 400.01 of this article, a license may be 40 revoked and cancelled at any time in the city of New York, and in the 41 counties of Nassau and Suffolk, by the licensing officer, and elsewhere 42 than in the city of New York by any judge or justice of a court of 43 record; a license issued pursuant to section 400.01 of this article may 44 be revoked and cancelled at any time by the licensing officer or any 45 judge or justice of a court of record. A license to engage in the busi- 46 ness of dealer may be revoked or suspended for any violation of the 47 provisions of article thirty-nine-BB of the general business law. The 48 official revoking a license shall give written notice thereof without 49 unnecessary delay to the executive department, division of state police, 50 Albany, and shall also notify immediately the duly constituted police 51 authorities of the locality. 52 (b) Whenever the director of community services or his or her designee 53 makes a report pursuant to section 9.46 of the mental hygiene law, the 54 division of criminal justice services shall convey such information, 55 whenever it determines that the person named in the report possesses aS. 8780 8 1 license issued pursuant to this section, to the appropriate licensing 2 official, who shall issue an order suspending or revoking such license. 3 (c) In any instance in which a person's license is suspended or 4 revoked under paragraph (a) or (b) of this subdivision, such person 5 shall surrender such license to the appropriate licensing official and 6 any and all firearms, rifles, or shotguns owned or possessed by such 7 person shall be surrendered to an appropriate law enforcement agency as 8 provided in subparagraph (f) of paragraph one of subdivision a of 9 section 265.20 of this chapter. In the event such license, firearm, 10 shotgun, or rifle is not surrendered, such items shall be removed and 11 declared a nuisance and any police officer or peace officer acting 12 pursuant to his or her special duties is authorized to remove any and 13 all such weapons. 14 12. Records required of gunsmiths and dealers in firearms. [Any] In 15 addition to the requirements set forth in article thirty-nine-BB of the 16 general business law, any person licensed as gunsmith or dealer in 17 firearms shall keep a record book approved as to form, except in the 18 city of New York, by the superintendent of state police. In the record 19 book shall be entered at the time of every transaction involving a 20 firearm the date, name, age, occupation and residence of any person from 21 whom a firearm is received or to whom a firearm is delivered, and the 22 calibre, make, model, manufacturer's name and serial number, or if none, 23 any other distinguishing number or identification mark on such firearm. 24 Before delivering a firearm to any person, the licensee shall require 25 him to produce either a license valid under this section to carry or 26 possess the same, or proof of lawful authority as an exempt person 27 pursuant to section 265.20 of this chapter and either (a) the National 28 Instant Criminal Background Check System (NICS) or its successor has 29 issued a "proceed" response to the licensee, or (b) thirty calendar days 30 have elapsed since the date the licensee contacted NICS to initiate a 31 national instant criminal background check and NICS has not notified the 32 licensee that the transfer of the firearm to such person should be 33 denied. In addition, before delivering a firearm to a peace officer, the 34 licensee shall verify that person's status as a peace officer with the 35 division of state police. After completing the foregoing, the licensee 36 shall remove and retain the attached coupon and enter in the record book 37 the date of such license, number, if any, and name of the licensing 38 officer, in the case of the holder of a license to carry or possess, or 39 the shield or other number, if any, assignment and department, unit or 40 agency, in the case of an exempt person. The original transaction report 41 shall be forwarded to the division of state police within ten days of 42 delivering a firearm to any person, and a duplicate copy shall be kept 43 by the licensee. The superintendent of state police may designate that 44 such record shall be completed and transmitted in electronic form. A 45 dealer may be granted a waiver from transmitting such records in elec- 46 tronic form if the superintendent determines that such dealer is incapa- 47 ble of such transmission due to technological limitations that are not 48 reasonably within the control of the dealer, or other exceptional 49 circumstances demonstrated by the dealer, pursuant to a process estab- 50 lished in regulation, and at the discretion of the superintendent. 51 Records assembled or collected for purposes of inclusion in the database 52 created pursuant to section 400.02 of this article shall not be subject 53 to disclosure pursuant to article six of the public officers law. The 54 record book shall be maintained on the premises mentioned and described 55 in the license and shall be open at all reasonable hours for inspection 56 by any peace officer, acting pursuant to his special duties, or policeS. 8780 9 1 officer. In the event of cancellation or revocation of the license for 2 gunsmith or dealer in firearms, or discontinuance of business by a 3 licensee, such record book shall be immediately surrendered to the 4 licensing officer in the city of New York, and in the counties of Nassau 5 and Suffolk, and elsewhere in the state to the executive department, 6 division of state police. 7 § 5. Severability. If any clause, sentence, paragraph, section or part 8 of this act shall be adjudged by any court of competent jurisdiction to 9 be invalid, such judgment shall not affect, impair or invalidate the 10 remainder thereof, but shall be confined in its operation to the clause, 11 sentence, paragraph, section or part thereof directly involved in the 12 controversy in which such judgment shall have been rendered. 13 § 6. This act shall take effect on the one hundred eightieth day after 14 it shall have become a law. Effective immediately, the addition, amend- 15 ment and/or repeal of any rule or regulation for the implementation of 16 section two of this act on its effective date are authorized to be made 17 on or before such effective date.
