S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7994
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 3, 2015
                                      ___________
       Introduced by M. of A. KAVANAGH, SCHIMEL, ORTIZ, MOSLEY, ARROYO, PAULIN,
         WEPRIN,  PICHARDO, STECK -- read once and referred to the Committee on
         Codes
       AN ACT to amend the penal law, in relation  to  enacting  the  effective
         background  check  act  of 2015, in relation to establishing a ten day
         period for background checks for the purchase of a firearm, rifle,  or
         shotgun,  and  in relation to requiring gunsmiths or licensed firearms
         businesses to report the crime of criminal purchase of  a  weapon  and
         requiring  background  checks for employees who would be authorized to
         possess or transfer firearms, rifles, or shotguns
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. This act shall be known and may be cited as the "effective
    2  background check act of 2015".
    3    S 2. The penal law is amended by adding a new section 400.20  to  read
    4  as follows:
    5  S 400.20 TIME  PERIOD  FOR  A BACKGROUND CHECK FOR SALE OR TRANSFER OF A
    6             FIREARM, RIFLE, OR SHOTGUN.
    7    1. WHENEVER FEDERAL OR STATE LAW REQUIRES THAT A BACKGROUND  CHECK  BE
    8  CONDUCTED  THROUGH THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
    9  IN ACCORDANCE WITH THE PROVISIONS OF 18 U.S.C.  922(T)  BEFORE  SALE  OR
   10  TRANSFER  OF A FIREARM, RIFLE, OR SHOTGUN, NO PERSON SHALL COMPLETE SUCH
   11  SALE OR TRANSFER UNLESS:
   12    A. THE SYSTEM PROVIDES A UNIQUE IDENTIFICATION NUMBER PURSUANT  TO  18
   13  U.S.C.  922(T)(1)(B)(I),  INDICATING THAT THERE IS NO INFORMATION IN THE
   14  SYSTEM THAT WOULD DISQUALIFY THE APPLICANT FROM RECEIVING OR  POSSESSING
   15  A FIREARM, RIFLE, OR SHOTGUN; OR
   16    B.  TEN  BUSINESS DAYS, AS DEFINED IN 18 U.S.C. 922(T)(1)(B)(II), HAVE
   17  ELAPSED FROM THE DATE SUCH BACKGROUND CHECK WAS INITIATED BY  CONTACTING
   18  THE  SYSTEM,  AND  THE  SYSTEM  HAS  NOT INDICATED THAT THE APPLICANT IS
   19  DISQUALIFIED FROM RECEIVING OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03254-08-5
       A. 7994                             2
    1    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  A  VIOLATION  OF  THIS
    2  SECTION SHALL BE A CLASS A MISDEMEANOR.
    3    S  3.  Section 265.17 of the penal law, as amended by chapter 1 of the
    4  laws of 2013, is amended to read as follows:
    5  S 265.17 Criminal purchase or disposal of a weapon.
    6    1. A person is guilty of criminal purchase or  disposal  of  a  weapon
    7  when:
    8    [1.] (A) Knowing that he or she is prohibited by law from possessing a
    9  firearm,  rifle  or  shotgun because of a prior conviction or because of
   10  some other disability which  would  render  him  or  her  ineligible  to
   11  lawfully  possess a firearm, rifle or shotgun in this state, such person
   12  purchases a firearm, rifle or shotgun from another person; or
   13    [2.] (B) Knowing that it would  be  unlawful  for  another  person  to
   14  possess  a  firearm,  rifle  or  shotgun, he or she purchases a firearm,
   15  rifle or shotgun for, on behalf of, or for the use of such other person;
   16  or
   17    [3.] (C) Knowing  that  another  person  is  prohibited  by  law  from
   18  possessing  a firearm, rifle or shotgun because of a prior conviction or
   19  because of some other disability which would render him or her  ineligi-
   20  ble  to  lawfully  possess  a firearm, rifle or shotgun in this state, a
   21  person disposes of a firearm, rifle or shotgun to such other person.
   22    2. A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS SHALL  REPORT
   23  WITHIN TWENTY-FOUR HOURS TO THE DIVISION OF STATE POLICE, OR IN THE CITY
   24  OF  NEW  YORK  THE POLICE DEPARTMENT OF SUCH CITY, ANY INSTANCE IN WHICH
   25  ANY PERSON ATTEMPTS TO PURCHASE A FIREARM, RIFLE, OR SHOTGUN  FROM  SUCH
   26  GUNSMITH OR DEALER, OR THROUGH A SALE, EXCHANGE, OR DISPOSAL AS PROVIDED
   27  IN  SECTION EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL BUSINESS LAW, IF A
   28  BACKGROUND CHECK SUCH GUNSMITH OR DEALER  CONDUCTS  IN  CONNECTION  WITH
   29  SUCH  ATTEMPTED  PURCHASE,  IN  THE NATIONAL INSTANT CRIMINAL BACKGROUND
   30  CHECK SYSTEM OR ANY SUCCESSOR SYSTEM, INDICATES A "DENIED"  RESPONSE  AS
   31  DEFINED IN 28 C.F.R. S 25.6. SUCH GUNSMITH OR DEALER SHALL KEEP WITH THE
   32  OTHER  RECORDS  REQUIRED  UNDER  SUBDIVISION TWELVE OF SECTION 400.00 OF
   33  THIS CHAPTER, A RECORD APPROVED AS TO  FORM  BY  THE  SUPERINTENDENT  OF
   34  STATE  POLICE,  OR IN THE CITY OF NEW YORK BY SUCH CITY'S POLICE COMMIS-
   35  SIONER, OF HAVING MADE EACH REPORT REQUIRED BY THIS SUBDIVISION.
   36    Criminal purchase or disposal of a weapon is a class D felony.
   37    S 4. Section 400.00 of the penal law is amended by adding a new subdi-
   38  vision 12-b to read as follows:
   39    12-B. EMPLOYEES OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR  SHOT-
   40  GUNS.    (A)  NO  PERSON  SHALL  BE  EMPLOYED BY A GUNSMITH OR DEALER IN
   41  FIREARMS, RIFLES, OR SHOTGUNS FOR DUTIES THAT INCLUDE HANDLING, SELLING,
   42  OR OTHERWISE DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, IF SUCH  PERSON
   43  IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS, RIFLES, OR SHOTGUNS
   44  UNDER FEDERAL LAW OR IF SUCH PERSON WOULD BE INELIGIBLE FOR A LICENSE TO
   45  POSSESS  FIREARMS,  RIFLES,  OR  SHOTGUNS  UNDER PARAGRAPH (C) OR (E) OF
   46  SUBDIVISION ONE OF THIS SECTION.
   47    (B) NO GUNSMITH OR DEALER  IN  FIREARMS,  RIFLES,  OR  SHOTGUNS  SHALL
   48  EMPLOY  A  PERSON  WHOSE  DUTIES INCLUDE HANDLING, SELLING, OR OTHERWISE
   49  DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, UNLESS: (I) SUCH  PERSON  IS
   50  EIGHTEEN  YEARS  OF  AGE  OR OLDER AND HAS BEEN ISSUED AN EMPLOYEE BACK-
   51  GROUND CHECK CERTIFICATE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES;
   52  OR (II) SUCH PERSON HAS OBTAINED AND POSSESSES A  VALID  LICENSE  ISSUED
   53  UNDER  THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS ARTICLE;
   54  OR (III) SUCH PERSON IS A POLICE OFFICER AS DEFINED IN SUBDIVISION THIR-
   55  TY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
       A. 7994                             3
    1    (C) APPLICATIONS FOR EMPLOYEE BACKGROUND CHECK CERTIFICATES  SHALL  BE
    2  SUBMITTED  BY  THE  APPLICANT'S  PROSPECTIVE EMPLOYER TO THE DIVISION OF
    3  CRIMINAL JUSTICE SERVICES IN A FORM APPROVED BY SUCH DIVISION.  APPLICA-
    4  TIONS  MUST CONTAIN, AT A MINIMUM, THE INFORMATION REQUIRED TO CONDUCT A
    5  BACKGROUND  CHECK  IN  THE  NATIONAL  INSTANT  CRIMINAL BACKGROUND CHECK
    6  SYSTEM. ALL APPLICATIONS MUST BE SIGNED AND VERIFIED BY THE APPLICANT.
    7    (D) UPON RECEIPT OF AN APPLICATION FOR AN  EMPLOYEE  BACKGROUND  CHECK
    8  CERTIFICATE,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A
    9  BACKGROUND CHECK OF THE APPLICANT IN THE NATIONAL INSTANT CRIMINAL BACK-
   10  GROUND CHECK SYSTEM. IF THE RESULTS OF  THE  BACKGROUND  CHECK  INDICATE
   11  THAT  THERE  IS  NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
   12  RECEIVING OR POSSESSING A FIREARM, RIFLE,  OR  SHOTGUN  UNDER  STATE  OR
   13  UNDER FEDERAL LAW, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DOCU-
   14  MENT  SUCH  RESULT  ON  AN EMPLOYEE BACKGROUND CHECK CERTIFICATE. IF THE
   15  BACKGROUND CHECK RESULTS IN A "DELAYED"  RESPONSE  AS  DESCRIBED  IN  28
   16  C.F.R. S 25.6, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL NOT ISSUE
   17  AN  EMPLOYEE BACKGROUND CHECK CERTIFICATE PENDING RECEIPT OF A FOLLOW-UP
   18  "PROCEED" RESPONSE FROM THE NATIONAL INSTANT CRIMINAL  BACKGROUND  CHECK
   19  SYSTEM.
   20    (E)  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO QUALIFY-
   21  ING EMPLOYEES AN EMPLOYEE  BACKGROUND  CHECK  CERTIFICATE,  WHICH  SHALL
   22  CERTIFY  THAT  A  BACKGROUND  CHECK  WAS CONDUCTED ON THE HOLDER OF SUCH
   23  CERTIFICATE AND THAT THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND  CHECK
   24  SYSTEM  INDICATED  THAT THERE WAS NO INFORMATION IN THE SYSTEM AS OF THE
   25  DATE OF THE BACKGROUND CHECK THAT WOULD DISQUALIFY  THE  APPLICANT  FROM
   26  RECEIVING  OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN.  SUCH CERTIFICATE
   27  SHALL BECOME INVALID UPON THE TERMINATION OF THE EMPLOYEE'S  EMPLOYMENT.
   28  SUCH  CERTIFICATE  SHALL HAVE THE EFFECT OF AUTHORIZING SUCH EMPLOYEE TO
   29  HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE FIREARMS, RIFLES,  OR  SHOT-
   30  GUNS THAT ARE LAWFULLY POSSESSED, SOLD OR DISPOSED OF BY THE GUNSMITH OR
   31  DEALER  IN  FIREARMS,  RIFLES,  OR  SHOTGUNS ONLY WHILE SUCH EMPLOYEE IS
   32  ACTUALLY CONDUCTING BUSINESS ON BEHALF OF  THE  GUNSMITH  OR  DEALER  IN
   33  FIREARMS, RIFLES, OR SHOTGUNS NOTWITHSTANDING THE FACT THAT SUCH WEAPONS
   34  MAY  NOT BE THE TYPE THE EMPLOYEE WOULD OTHERWISE BE LICENSED OR AUTHOR-
   35  IZED TO POSSESS UNDER NEW YORK LAW. WHEN AN EMPLOYEE IS CONDUCTING BUSI-
   36  NESS ON BEHALF OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR  SHOTGUNS
   37  AT  ANY  LOCATION OTHER THAN THE PREMISES WHERE SUCH EMPLOYEE WORKS, THE
   38  EMPLOYEE SHALL HAVE IN HIS OR HER  POSSESSION  A  COPY  OF  HIS  OR  HER
   39  CERTIFICATE OR VALID LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION
   40  OR  SECTION  400.01  OF THIS ARTICLE OR PROOF THAT HE OR SHE IS A POLICE
   41  OFFICER.  A COPY OF SUCH CERTIFICATE OR LICENSE OR PROOF THAT AN EMPLOY-
   42  EE IS A POLICE OFFICER SHALL BE MAINTAINED BY THE GUNSMITH OR DEALER  IN
   43  FIREARMS, RIFLES, OR SHOTGUNS ON THE PREMISES WHERE SUCH EMPLOYEE WORKS.
   44  ALL  CERTIFICATES, LICENSES, OR PROOF THAT AN EMPLOYEE IS A POLICE OFFI-
   45  CER AND COPIES REFERRED TO IN THIS  PARAGRAPH  SHALL  BE  PRODUCED  UPON
   46  REQUEST BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO HIS OR
   47  HER SPECIAL DUTIES.
   48    (F)  FOR  THE PURPOSE OF THIS SUBDIVISION, THE TERM HANDLING SHALL NOT
   49  INCLUDE MOVING OR CARRYING, IN THE NORMAL COURSE OF BUSINESS, A  SECURED
   50  CRATE OR CONTAINER THAT CONTAINS A FIREARM OR FIREARMS, RIFLE OR RIFLES,
   51  OR SHOTGUN OR SHOTGUNS, FROM ONE LOCATION TO ANOTHER WITHIN THE PREMISES
   52  OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS.
   53    (G) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
   54  VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
   55  FIREARMS, RIFLES, OR SHOTGUNS.
       A. 7994                             4
    1    S 5. This act shall take effect on the one hundred eightieth day after
    2  it shall have become a law, except that the division of criminal justice
    3  services  shall promulgate any rules or regulations or approve any forms
    4  necessary for applications for employee background check certificates to
    5  be submitted to and approved by such division and for certificates to be
    6  issued  by  such division pursuant to subdivision 12-b of section 400.00
    7  of the penal law as added by section four of this act, and  shall  begin
    8  to  issue  such  certificates  to  qualifying  employees  before the one
    9  hundred eightieth day after this act shall have become a law.