STATE OF NEW YORK
        ________________________________________________________________________
                                          8172
                    IN SENATE
                                     April 13, 2018
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT to amend the executive law, the  general  business  law  and  the
          penal law, in relation to the point of contact for conducting national
          instant criminal background checks
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The executive law is amended by adding a new section 228 to
     2  read as follows:
     3    § 228. National instant criminal background checks.  The  division  is
     4  hereby  authorized and directed to serve as a state point of contact for
     5  implementation of 18 U.S.C. sec.  922 (t), all federal  regulations  and
     6  applicable guidelines adopted pursuant thereto, and the national instant
     7  criminal background check system.
     8    1.  The  division  shall  report  the name, date of birth and physical
     9  description of any person prohibited from possessing a firearm  pursuant
    10  to  18  USC  922(g)  or  (n) to the national instant criminal background
    11  check system index, denied persons files.
    12    2. The superintendent shall promulgate a plan to coordinate background
    13  checks for purchases, including NICS, in New York state. Such  plan  may
    14  include,  but  is  not  limited  to,  recruiting and training personnel,
    15  setting up an instantaneous electronic database, and selecting hours  of
    16  operation.
    17    (a) Following implementation of such plan, no application or record of
    18  sale  shall  be completed for the purchase or transfer of a firearm by a
    19  licensed dealer without first contacting the division.
    20    (b) Upon establishment of such plan, the superintendent  shall  notify
    21  each  person,  firm  or corporation holding a permit to sell firearms of
    22  the existence and purpose of the system and the  means  to  be  used  to
    23  apply for background checks.
    24    3.  Any  applicant  shall  have  thirty days to appeal the denial of a
    25  background check, using a form established by  the  superintendent.  The
    26  division  shall research the background check and provide such applicant
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14987-01-8

        S. 8172                             2
     1  a reason for a denial. Upon receipt of the reason for denial, the appel-
     2  lant may appeal to the attorney general.
     3    §  2.  Subdivision  2  of  section 898 of the general business law, as
     4  added by chapter 1 of the laws of 2013, is amended to read as follows:
     5    2. Before any sale, exchange or disposal pursuant to this  article,  a
     6  national instant criminal background check must be completed by a dealer
     7  who  [consents]  shall  contact  the division of state police to conduct
     8  such check[,  and  upon  completion  of  such  background  check,  shall
     9  complete  a  document, the form of which shall be approved by the super-
    10  intendent of state police, that identifies and confirms that such  check
    11  was performed].
    12    §  3.  Paragraph  (c)  of  subdivision 1 of section 896 of the general
    13  business law, as added by chapter 189 of the laws of 2000, is amended to
    14  read as follows:
    15    (c) coordinate with the division of state police to provide access  at
    16  the  gun  show  to  [a  firearm dealer licensed under federal law who is
    17  authorized to] perform a  national  instant  criminal  background  check
    18  [where  the  seller  or transferor of a firearm, rifle or shotgun is not
    19  authorized to conduct such a check by (i) requiring  firearm  exhibitors
    20  who  are  firearm dealers licensed under federal law and who are author-
    21  ized to conduct a national instant criminal background check to  provide
    22  such  a check at cost or (ii) designating a specific location at the gun
    23  show where a firearm dealer licensed under federal law who is authorized
    24  to conduct a national instant criminal background check will be  present
    25  to  perform such a check at cost] prior to any firearm sale or transfer.
    26  Any firearm dealer licensed under federal law  who  [performs]  contacts
    27  the  division  of  state  police  to perform a national instant criminal
    28  background check pursuant to this paragraph shall provide the seller  or
    29  transferor  of  the  firearm, rifle or shotgun with a copy of the United
    30  States Department of Treasury, Bureau of Alcohol, Tobacco  and  Firearms
    31  Form  ATF  F 4473 and such dealer shall maintain such form and make such
    32  form available for inspection by law enforcement agencies for  a  period
    33  of ten years thereafter.
    34    §  4.  Subdivision  6  of section 400.03 of the penal law, as added by
    35  chapter 1 of the laws of 2013, is amended to read as follows:
    36    6. If the superintendent of state  police  certifies  that  background
    37  checks  of  ammunition  purchasers may be conducted through the national
    38  instant criminal background check system, [use  of  that  system  by]  a
    39  dealer  or  seller shall contact the division of state police to conduct
    40  such check which shall be sufficient to satisfy  subdivisions  four  and
    41  five  of  this  section [and such checks shall be conducted through such
    42  system, provided that a record of such transaction shall be forwarded to
    43  the state police in a form determined by the superintendent].
    44    § 5. The penal law is amended by adding a new section 400.06  to  read
    45  as follows:
    46  § 400.06 National instant criminal background checks.
    47    1.  Any  dealer  in  firearms that delivers or otherwise transfers any
    48  firearm shall contact the division of state police to conduct a national
    49  instant criminal background check.
    50    2. Failure to comply with the requirements of this section is a  class
    51  A misdemeanor.
    52    §  6.  This  act shall take effect on the ninetieth day after it shall
    53  have become a law. Effective immediately, the addition, amendment and/or
    54  repeal of any rule or regulation necessary  for  the  implementation  of
    55  this  act  on  its effective date are authorized and directed to be made
    56  and completed on or before such effective date.