STATE OF NEW YORK
        ________________________________________________________________________
                                          9068
                   IN ASSEMBLY
                                    January 18, 2018
                                       ___________
        Introduced  by  M. of A. FAHY -- 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 2018, 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 2018".
     3    § 2. The penal law is amended by adding a new section 400.20  to  read
     4  as follows:
     5  § 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.
    20    2. Notwithstanding any other provision of law,  a  violation  of  this
    21  section shall be a class A misdemeanor.
    22    §  3.  Section 265.17 of the penal law, as amended by chapter 1 of the
    23  laws of 2013, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02944-04-7

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     1  § 265.17 Criminal purchase or disposal of a weapon.
     2    1.  A  person  is  guilty of criminal purchase or disposal of a weapon
     3  when:
     4    [1.] (a) Knowing that he or she is prohibited by law from possessing a
     5  firearm, rifle or shotgun because of a prior conviction  or  because  of
     6  some  other  disability  which  would  render  him  or her ineligible to
     7  lawfully possess a firearm, rifle or shotgun in this state, such  person
     8  purchases a firearm, rifle or shotgun from another person; or
     9    [2.]  (b)  Knowing  that  it  would  be unlawful for another person to
    10  possess a firearm, rifle or shotgun, he  or  she  purchases  a  firearm,
    11  rifle or shotgun for, on behalf of, or for the use of such other person;
    12  or
    13    [3.]  (c)  Knowing  that  another  person  is  prohibited  by law from
    14  possessing a firearm, rifle or shotgun because of a prior conviction  or
    15  because  of some other disability which would render him or her ineligi-
    16  ble to lawfully possess a firearm, rifle or shotgun  in  this  state,  a
    17  person disposes of a firearm, rifle or shotgun to such other person.
    18    2.  A gunsmith or dealer in firearms, rifles, or shotguns shall report
    19  within twenty-four hours to the division of state police, or in the city
    20  of New York the police department of such city, any  instance  in  which
    21  any  person  attempts to purchase a firearm, rifle, or shotgun from such
    22  gunsmith or dealer, or through a sale, exchange, or disposal as provided
    23  in section eight hundred ninety-eight of the general business law, if  a
    24  background  check  such  gunsmith  or dealer conducts in connection with
    25  such attempted purchase, in the  national  instant  criminal  background
    26  check  system  or any successor system, indicates a "denied" response as
    27  defined in 28 C.F.R. § 25.6. Such gunsmith or dealer shall keep with the
    28  other records required under subdivision twelve  of  section  400.00  of
    29  this  chapter,  a  record  approved  as to form by the superintendent of
    30  state police, or in the city of New York by such city's  police  commis-
    31  sioner, of having made each report required by this subdivision.
    32    Criminal purchase or disposal of a weapon is a class D felony.
    33    § 4. Section 400.00 of the penal law is amended by adding a new subdi-
    34  vision 12-b to read as follows:
    35    12-b.  Employees of a gunsmith or dealer in firearms, rifles, or shot-
    36  guns.   (a) No person shall be employed  by  a  gunsmith  or  dealer  in
    37  firearms, rifles, or shotguns for duties that include handling, selling,
    38  or  otherwise disposing of firearms, rifles, or shotguns, if such person
    39  is prohibited from receiving or possessing firearms, rifles, or shotguns
    40  under federal law or if such person would be ineligible for a license to
    41  possess firearms, rifles, or shotguns under  paragraph  (c)  or  (e)  of
    42  subdivision one of this section.
    43    (b)  No  gunsmith  or  dealer  in  firearms, rifles, or shotguns shall
    44  employ a person whose duties include  handling,  selling,  or  otherwise
    45  disposing  of  firearms, rifles, or shotguns, unless: (i) such person is
    46  eighteen years of age or older and has been  issued  an  employee  back-
    47  ground check certificate from the division of criminal justice services;
    48  or  (ii)  such  person has obtained and possesses a valid license issued
    49  under the provisions of this section or section 400.01 of this  article;
    50  or (iii) such person is a police officer as defined in subdivision thir-
    51  ty-four of section 1.20 of the criminal procedure law.
    52    (c)  Applications  for employee background check certificates shall be
    53  submitted by the applicant's prospective employer  to  the  division  of
    54  criminal  justice services in a form approved by such division. Applica-
    55  tions must contain, at a minimum, the information required to conduct  a

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     1  background  check  in  the  national  instant  criminal background check
     2  system. All applications must be signed and verified by the applicant.
     3    (d)  Upon  receipt  of an application for an employee background check
     4  certificate, the division of criminal justice services shall  conduct  a
     5  background check of the applicant in the national instant criminal back-
     6  ground  check  system.  If  the results of the background check indicate
     7  that there is no information that would disqualify  the  applicant  from
     8  receiving  or  possessing  a  firearm,  rifle, or shotgun under state or
     9  under federal law, the division of criminal justice services shall docu-
    10  ment such result on an employee background  check  certificate.  If  the
    11  background  check  results  in  a  "delayed" response as described in 28
    12  C.F.R. § 25.6, the division of criminal justice services shall not issue
    13  an employee background check certificate pending receipt of a  follow-up
    14  "proceed"  response  from the national instant criminal background check
    15  system.
    16    (e) The division of criminal justice services shall issue to  qualify-
    17  ing  employees  an  employee  background  check certificate, which shall
    18  certify that a background check was conducted  on  the  holder  of  such
    19  certificate  and  that  the  national  instant criminal background check
    20  system indicated that there was no information in the system as  of  the
    21  date  of  the  background check that would disqualify the applicant from
    22  receiving or possessing a firearm, rifle, or shotgun.  Such  certificate
    23  shall  become invalid upon the termination of the employee's employment.
    24  Such certificate shall have the effect of authorizing such  employee  to
    25  handle,  sell,  or otherwise dispose of those firearms, rifles, or shot-
    26  guns that are lawfully possessed, sold or disposed of by the gunsmith or
    27  dealer in firearms, rifles, or shotguns  only  while  such  employee  is
    28  actually  conducting  business  on  behalf  of the gunsmith or dealer in
    29  firearms, rifles, or shotguns notwithstanding the fact that such weapons
    30  may not be the type the employee would otherwise be licensed or  author-
    31  ized to possess under New York law. When an employee is conducting busi-
    32  ness  on behalf of a gunsmith or dealer in firearms, rifles, or shotguns
    33  at any location other than the premises where such employee  works,  the
    34  employee  shall  have  in  his  or  her  possession a copy of his or her
    35  certificate or valid license issued under the provisions of this section
    36  or section 400.01 of this article or proof that he or she  is  a  police
    37  officer.  A copy of such certificate or license or proof that an employ-
    38  ee  is a police officer shall be maintained by the gunsmith or dealer in
    39  firearms, rifles, or shotguns on the premises where such employee works.
    40  All certificates, licenses, or proof that an employee is a police  offi-
    41  cer  and  copies  referred  to  in this paragraph shall be produced upon
    42  request by any police officer or peace officer acting pursuant to his or
    43  her special duties.
    44    (f) For the purpose of this subdivision, the term handling  shall  not
    45  include  moving or carrying, in the normal course of business, a secured
    46  crate or container that contains a firearm or firearms, rifle or rifles,
    47  or shotgun or shotguns, from one location to another within the premises
    48  of a gunsmith or dealer in firearms, rifles, or shotguns.
    49    (g) Any employment in violation of this subdivision shall constitute a
    50  violation on the part of both the employee and the gunsmith or dealer in
    51  firearms, rifles, or shotguns.
    52    § 5. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law, except that the division of criminal justice
    54  services shall promulgate any rules or regulations or approve any  forms
    55  necessary for applications for employee background check certificates to
    56  be submitted to and approved by such division and for certificates to be

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     1  issued  by  such division pursuant to subdivision 12-b of section 400.00
     2  of the penal law as added by section four of this act, and  shall  begin
     3  to  issue  such  certificates  to  qualifying  employees  before the one
     4  hundred eightieth day after this act shall have become a law.