STATE OF NEW YORK
        ________________________________________________________________________

                                         449--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, GALEF, DICKENS, ABINANTI,
          SEAWRIGHT, GOTTFRIED, L. ROSENTHAL, ENGLEBRIGHT, ZINERMAN -- read once
          and referred to the Committee on Codes -- recommitted to the Committee
          on Codes in accordance with Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the penal law and the general business law, in relation
          to establishing a waiting period before a firearm,  shotgun  or  rifle
          may be delivered to a person

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 12 of section  400.00  of  the  penal  law,  as
     2  amended  by  chapter  129  of  the  laws  of 2019, is amended to read as
     3  follows:
     4    12. Records required of gunsmiths and dealers in firearms. Any  person
     5  licensed  as  gunsmith  or  dealer  in firearms shall keep a record book
     6  approved as to form, except in the city of New York, by the  superinten-
     7  dent of state police. In the record book shall be entered at the time of
     8  every  transaction  involving  a firearm the date, name, age, occupation
     9  and residence of any person from whom a firearm is received or to whom a
    10  firearm is delivered, and the calibre, make, model, manufacturer's  name
    11  and  serial number, or if none, any other distinguishing number or iden-
    12  tification mark on such firearm. Before  delivering  a  firearm  to  any
    13  person, the licensee shall require him to produce either a license valid
    14  under  this  section  to  carry  or possess the same, or proof of lawful
    15  authority as an exempt person pursuant to section 265.20 of this chapter
    16  and [either (a) the National Instant Criminal  Background  Check  System
    17  (NICS) or its successor has issued a "proceed" response to the licensee,
    18  or  (b)  thirty  calendar] ten business days have elapsed since the date
    19  the licensee contacted [NICS] the National Instant  Criminal  Background

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01959-02-2

        A. 449--A                           2

     1  Check  System  (NICS)  or  its  successor to initiate a national instant
     2  criminal background check [and NICS has not notified the  licensee  that
     3  the  transfer  of the firearm to such person should be denied]. In addi-
     4  tion, before delivering a firearm to a peace officer, the licensee shall
     5  verify  that  person's  status  as  a peace officer with the division of
     6  state police. After completing the foregoing, the licensee shall  remove
     7  and  retain the attached coupon and enter in the record book the date of
     8  such license, number, if any, and name of the licensing officer, in  the
     9  case  of  the  holder of a license to carry or possess, or the shield or
    10  other number, if any, assignment and department, unit or agency, in  the
    11  case  of  an  exempt  person.  The  original transaction report shall be
    12  forwarded to the division of state police within ten days of  delivering
    13  a  firearm  to  any  person,  and  a duplicate copy shall be kept by the
    14  licensee. The superintendent of state police  may  designate  that  such
    15  record  shall  be completed and transmitted in electronic form. A dealer
    16  may be granted a waiver from transmitting  such  records  in  electronic
    17  form  if  the superintendent determines that such dealer is incapable of
    18  such transmission due to technological limitations that are not  reason-
    19  ably  within  the  control  of  the dealer, or other exceptional circum-
    20  stances demonstrated by the dealer, pursuant to a process established in
    21  regulation, and at the discretion of the superintendent.  Records assem-
    22  bled or collected for purposes of  inclusion  in  the  database  created
    23  pursuant  to  section  400.02  of  this  article shall not be subject to
    24  disclosure pursuant to article six  of  the  public  officers  law.  The
    25  record  book shall be maintained on the premises mentioned and described
    26  in the license and shall be open at all reasonable hours for  inspection
    27  by  any  peace officer, acting pursuant to his special duties, or police
    28  officer. In the event of cancellation or revocation of the  license  for
    29  gunsmith  or  dealer  in  firearms,  or  discontinuance of business by a
    30  licensee, such record book  shall  be  immediately  surrendered  to  the
    31  licensing officer in the city of New York, and in the counties of Nassau
    32  and  Suffolk,  and  elsewhere  in the state to the executive department,
    33  division of state police.
    34    § 2. Section 400.20 of the penal law, as added by chapter 129  of  the
    35  laws of 2019, is amended to read as follows:
    36  § 400.20 Waiting  period  in  connection  with the sale or transfer of a
    37             rifle or shotgun.
    38    When a national instant criminal background check is required pursuant
    39  to state or federal law to be conducted  through  the  National  Instant
    40  Criminal  Background  Check System (NICS) or its successor in connection
    41  with the sale or transfer of a rifle or shotgun to  any  person,  before
    42  delivering  a  rifle  or  shotgun  to  such person, [either (a) NICS has
    43  issued a "proceed" response to the seller or transferor, or  (b)  thirty
    44  calendar] ten business days shall have elapsed since the date the seller
    45  or  transferor  contacted  NICS  to initiate a national instant criminal
    46  background check [and NICS has not notified  the  seller  or  transferor
    47  that  the  transfer  of  the  rifle  or shotgun to such person should be
    48  denied].
    49    § 3. Subdivision 1 of section 897 of  the  general  business  law,  as
    50  amended  by  chapter  129  of  the  laws  of 2019, is amended to read as
    51  follows:
    52    1. A national instant criminal background check shall be conducted and
    53  no person shall sell or transfer a firearm, rifle or shotgun  at  a  gun
    54  show,  except  in  accordance  with  the provisions of 18 U.S.C. 922(t),
    55  provided that before delivering a  firearm,  rifle  or  shotgun  to  any
    56  person,  [either  (a)  the  National  Instant  Criminal Background Check

        A. 449--A                           3

     1  System (NICS) or its successor has issued a "proceed"  response  to  the
     2  seller  or  transferor,  or (b) thirty calendar] ten business days shall
     3  have elapsed since the date the seller or  transferor  contacted  [NICS]
     4  the  National  Instant  Criminal  Background  Check System (NICS) or its
     5  successor to initiate a national instant criminal background check  [and
     6  NICS  has not notified the seller or transferor that the transfer of the
     7  firearm, rifle or shotgun to such person should be denied].
     8    § 4. Subdivisions 1 and 2 of section 898 of the general business  law,
     9  as  amended  by  chapter 129 of the laws of 2019, are amended to read as
    10  follows:
    11    1. In addition to any other requirements pursuant to state and federal
    12  law, all sales, exchanges or disposals of firearms, rifles  or  shotguns
    13  shall  be  conducted  in  accordance with this section unless such sale,
    14  exchange or disposal is  conducted  by  a  licensed  importer,  licensed
    15  manufacturer  or licensed dealer, as those terms are defined in 18 USC §
    16  922, when such sale, exchange or disposal is conducted pursuant to  that
    17  person's  federal firearms license or such sale, exchange or disposal is
    18  between members of  an  immediate  family.  When  a  sale,  exchange  or
    19  disposal  is  conducted pursuant to a person's federal firearms license,
    20  before delivering a firearm, rifle or shotgun to any person, [either (a)
    21  the National Instant Criminal Background  Check  System  (NICS)  or  its
    22  successor has issued a "proceed" response to the federal firearms licen-
    23  see,  or (b) thirty calendar] ten business days shall have elapsed since
    24  the date the federal firearms licensee  contacted  [NICS]  the  National
    25  Instant  Criminal  Background  Check  System  (NICS) or its successor to
    26  initiate a national instant criminal background check [and NICS has  not
    27  notified the federal firearms licensee that the transfer of the firearm,
    28  rifle  or shotgun to such person should be denied]. For purposes of this
    29  section, "immediate family" shall mean spouses, domestic partners, chil-
    30  dren and step-children.
    31    2. Before any sale, exchange or disposal pursuant to this  article,  a
    32  national instant criminal background check must be completed by a dealer
    33  who  consents  to  conduct such check, and upon completion of such back-
    34  ground check, shall complete a document, the  form  of  which  shall  be
    35  approved  by  the  superintendent  of  state police, that identifies and
    36  confirms that such check was performed. Before a dealer who consents  to
    37  conduct a national instant criminal background check delivers a firearm,
    38  rifle  or  shotgun  to  any  person, [either (a) NICS issued a "proceed"
    39  response to the dealer, or (b) thirty calendar] ten business days  shall
    40  have  elapsed  since  the  date the dealer contacted [NICS] the National
    41  Instant Criminal Background Check System  (NICS)  or  its  successor  to
    42  initiate  a national instant criminal background check [and NICS has not
    43  notified the dealer that the transfer of the firearm, rifle  or  shotgun
    44  to such person should be denied].
    45    §  5.  This  act  shall take effect on the sixtieth day after it shall
    46  have become a law.