S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2441
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2015
                                      ___________
       Introduced  by  Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, HASSELL-THOMP-
         SON, KRUEGER, MONTGOMERY, PERKINS, RIVERA, SERRANO, SQUADRON, STAVISKY
         -- read twice and ordered printed, and when printed to be committed to
         the Committee on Consumer Protection
       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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03183-01-5
       S. 2441                             2
    1    S  827.  EXEMPTIONS.  SECTION EIGHT HUNDRED TWENTY-SIX OF THIS ARTICLE
    2  SHALL NOT APPLY TO:
    3    1.  ANY  LAW  ENFORCEMENT OR CORRECTIONAL AGENCY, OR POLICE OFFICER OR
    4  CORRECTIONS OFFICER ACTING WITHIN THE COURSE OR  SCOPE  OF  HIS  OR  HER
    5  EMPLOYMENT;
    6    2.  ANY  FEDERAL  OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS OR CARRY A
    7  FIREARM IN THE COURSE OF HIS OR HER DUTIES, AND ANY MEMBER OF THE  ARMED
    8  FORCES OF THE UNITED STATES OR THE NATIONAL GUARD;
    9    3.  ANY  MANUFACTURER,  DISTRIBUTOR  OR DEALER OF FIREARMS WHEN TRANS-
   10  FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER;
   11    4. ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL  LAW,
   12  RECEIVING A FIREARM FOR SERVICE OR REPAIR; AND
   13    5.  ANY  COMMON  CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
   14  BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS.
   15    S 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
   16  SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   17    S 2. This act shall take effect on the first of January next  succeed-
   18  ing the date on which it shall have become a law.