S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2445
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2015
                                      ___________
       Introduced by Sens. GIANARIS, ADDABBO, BRESLIN, HASSELL-THOMPSON, KRUEG-
         ER,  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 universal back-
         ground checks for sales of firearms
         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              UNIVERSAL BACKGROUND CHECKS FOR SALE OF FIREARMS
    5  SECTION 830. SHORT TITLE.
    6          831. DEFINITIONS.
    7          832. ALL SALES THROUGH A DEALER IN FIREARMS.
    8          833. EXEMPTIONS.
    9          834. PENALTIES.
   10    S 830. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
   11  THE "UNIVERSAL BACKGROUND CHECKS FOR SALE OF FIREARMS ACT".
   12    S 831. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   13    1.  "DEALER  IN FIREARMS" HAS THE SAME MEANING AS THAT TERM IS DEFINED
   14  IN SUBDIVISION NINE OF SECTION 265.00 OF THE PENAL LAW.
   15    2. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
   16  SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   17    3.  "LAW  ENFORCEMENT AGENCY" MEANS ANY AGENCY OF THE FEDERAL OR STATE
   18  GOVERNMENT, OR OF A  MUNICIPALITY  OR  PUBLIC  AUTHORITY  WHICH  EMPLOYS
   19  POLICE OFFICERS.
   20    S  832.  ALL SALES THROUGH A DEALER IN FIREARMS. NO PERSON SHALL SELL,
   21  LEASE, TRANSFER OR LOAN A FIREARM UNLESS:
   22    1. SUCH PERSON IS A DEALER IN FIREARMS;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07620-01-5
       S. 2445                             2
    1    2. THE PURCHASER,  LESSEE,  TRANSFEREE  OR  PERSON  BEING  LOANED  THE
    2  FIREARM IS A DEALER IN FIREARMS; OR
    3    3. WHERE NEITHER SUCH PERSON, NOR THE PURCHASER, LESSEE, TRANSFEREE OR
    4  PERSON BEING LOANED THE FIREARM IS A DEALER IN FIREARMS, THE TRANSACTION
    5  SHALL BE COMPLETED THROUGH A DEALER IN FIREARMS AS FOLLOWS:
    6    (A)  THE  SELLER, LESSOR, TRANSFEROR OR THE PERSON LOANING THE FIREARM
    7  SHALL DELIVER THE FIREARM TO THE DEALER IN FIREARMS,  WHO  SHALL  RETAIN
    8  POSSESSION  OF  THAT  FIREARM UNTIL ALL LEGAL REQUIREMENTS FOR THE SALE,
    9  LEASE, TRANSFER OR LOAN HAVE BEEN MET;
   10    (B) THE DEALER IN FIREARMS SHALL PROCESS THE SALE, LEASE, TRANSFER  OR
   11  LOAN  AS  IF  HE OR SHE WERE THE SELLER, LESSOR, TRANSFEROR OR LENDER OF
   12  THE FIREARM. THE DEALER IN FIREARMS SHALL COMPLY WITH  ALL  REQUIREMENTS
   13  OF  FEDERAL,  STATE AND LOCAL LAW THAT WOULD APPLY IF HE OR SHE WERE THE
   14  SELLER, LESSOR, TRANSFEROR OR LENDER OF THE FIREARM;
   15    (C) THE DEALER IN FIREARMS SHALL CONDUCT A  BACKGROUND  CHECK  ON  THE
   16  PURCHASER, LESSEE, TRANSFEREE OR THE PERSON BEING LOANED THE FIREARM, IN
   17  ACCORDANCE  WITH  SECTION  922(T) OF TITLE 18 OF THE UNITED STATES CODE,
   18  AND STATE AND LOCAL LAW, AND, IF  THE  TRANSACTION  IS  NOT  PROHIBITED,
   19  DELIVER THE FIREARM TO THAT PERSON AFTER ALL LEGAL REQUIREMENTS ARE MET;
   20    (D)  IF  THE  DEALER IN FIREARMS CANNOT LEGALLY DELIVER THE FIREARM TO
   21  THE PURCHASER, LESSEE, TRANSFEREE OR THE PERSON BEING LOANED THE FIREARM
   22  THE DEALER IN FIREARMS SHALL CONDUCT A BACKGROUND CHECK ON  THE  SELLER,
   23  LESSOR,  TRANSFEROR OR THE PERSON LOANING THE FIREARM IN ACCORDANCE WITH
   24  SECTION 922(T) OF TITLE 18 OF THE UNITED  STATES  CODE,  AND  STATE  AND
   25  LOCAL  LAW, AND, IF THE RETURN TRANSACTION IS NOT PROHIBITED, RETURN THE
   26  FIREARM TO THAT PERSON;
   27    (E) IF THE DEALER IN FIREARMS CANNOT LEGALLY RETURN THE FIREARM TO THE
   28  SELLER, LESSOR, TRANSFEROR OR THE PERSON LOANING THE FIREARM,  THEN  THE
   29  DEALER IN FIREARMS SHALL DELIVER THE FIREARM TO A LAW ENFORCEMENT AGENCY
   30  HAVING JURISDICTION OVER SUCH DEALER WITHIN TWENTY-FOUR HOURS; AND
   31    (F)  THE  PURCHASER, LESSEE, TRANSFEREE OR THE PERSON BEING LOANED THE
   32  FIREARM MAY BE REQUIRED BY THE DEALER IN FIREARMS TO PAY A FEE  COVERING
   33  THE  ADMINISTRATIVE COSTS INCURRED BY THE DEALER IN FIREARMS FOR FACILI-
   34  TATING THE TRANSFER OF THE FIREARM, PLUS  APPLICABLE  FEES  PURSUANT  TO
   35  FEDERAL, STATE AND LOCAL LAW.
   36    S  833. EXEMPTIONS. THE PROVISIONS OF SECTION EIGHT HUNDRED THIRTY-TWO
   37  OF THIS ARTICLE SHALL NOT APPLY TO:
   38    1. THE ACTIVITIES OF:
   39    (A) LAW ENFORCEMENT AND CORRECTIONS SERVICES AGENCIES;
   40    (B) THE UNITED STATES MARSHALS, MEMBERS OF THE ARMED FORCES OF  UNITED
   41  STATES  OR  THE  ORGANIZED  MILITIA OF THE STATE, OR FEDERAL OFFICERS OR
   42  EMPLOYEES REQUIRED TO POSSESS FIREARMS WHILE ENGAGED IN  THEIR  OFFICIAL
   43  DUTIES; AND
   44    (C)  PERSONS WHO ARE SUBJECT TO THE PROVISIONS OF ARTICLE THIRTY-NINE-
   45  DD OF THIS CHAPTER; OR
   46    2. THE FOLLOWING ACTIVITIES, UNLESS THE  LAWFUL  OWNER  OF  A  FIREARM
   47  KNOWS  OR HAS REASON TO BELIEVE THAT FEDERAL, STATE OR LOCAL LAW PROHIB-
   48  ITS A TRANSFEREE FROM PURCHASING OR POSSESSING A FIREARM,  OR  THAT  THE
   49  TRANSFEREE IS LIKELY TO USE THAT FIREARM FOR UNLAWFUL PURPOSES:
   50    (A)  THE DELIVERY OF A FIREARM TO A GUNSMITH FOR SERVICE OR REPAIR, OR
   51  THE RETURN OF THE FIREARM TO ITS OWNER BY THE GUNSMITH;
   52    (B) THE TRANSFER OF A FIREARM TO A  CARRIER,  WAREHOUSEMAN  AND  OTHER
   53  PERSON  ENGAGED  IN  THE  BUSINESS  OF TRANSPORTATION OR STORAGE, TO THE
   54  EXTENT THAT THE POSSESSION, RECEIPT OR HAVING ON OR ABOUT THE PERSON  OF
   55  ANY FIREARM IS IN THE ORDINARY COURSE OF BUSINESS AND IN CONFORMITY WITH
       S. 2445                             3
    1  FEDERAL,  STATE AND LOCAL LAWS, BUT NOT FOR THE PERSONAL USE OF ANY SUCH
    2  PERSON;
    3    (C)  THE  LOAN  OF  A  FIREARM  SOLELY  FOR THE PURPOSE OF SHOOTING AT
    4  TARGETS, IF THE LOAN OCCURS ON THE PREMISES OF A TARGET FACILITY, IF THE
    5  FIREARM IS AT ALL TIMES KEPT WITHIN THE PREMISES OF THE TARGET RANGE;
    6    (D) THE LOAN OF A FIREARM TO A PERSON WHO IS UNDER TWENTY-ONE YEARS OF
    7  AGE FOR LAWFUL HUNTING, SPORTING OR EDUCATIONAL PURPOSES WHILE UNDER THE
    8  DIRECT SUPERVISION AND CONTROL OF A RESPONSIBLE ADULT; OR
    9    (E) THE LOAN OF A FIREARM TO A PERSON WHO IS TWENTY-ONE YEARS  OF  AGE
   10  OR OLDER, SO LONG AS THE FIREARM REMAINS IN THE PERSON'S POSSESSION ONLY
   11  WHILE  THE PERSON IS ACCOMPANYING THE LAWFUL OWNER AND USING THE FIREARM
   12  FOR LAWFUL  HUNTING, SPORTING OR RECREATIONAL PURPOSES.
   13    S 834. PENALTIES. 1. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS  OF
   14  THIS ARTICLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   15    2.  EVERY  CONVICTION  OF  A  VIOLATION OF THIS ARTICLE BY A DEALER IN
   16  FIREARMS SHALL BE REPORTED BY THE SENTENCING COURT TO THE FEDERAL BUREAU
   17  OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.
   18    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   19  have become a law.