STATE OF NEW YORK
        ________________________________________________________________________

                                         837--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by M. of A. PAULIN, RAMOS, ENGLEBRIGHT, L. ROSENTHAL, ABINAN-
          TI,  COLTON, DINOWITZ, STECK, SEAWRIGHT, FAHY -- Multi-Sponsored by --
          M. of A.   GOTTFRIED, MAGNARELLI -- read  once  and  referred  to  the
          Committee  on  Economic Development -- recommitted to the Committee on
          Economic Development 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 general business law and the penal law, in  relation
          to  preventing  the unlawful sale of firearms, rifles, and shotguns to
          individuals with a criminal record

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

     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by finds and declares as follows:
     3    1.  Firearms, rifles and shotguns are used to kill almost 40,000 indi-
     4  viduals in the United States every year, including  800  individuals  in
     5  New York state alone. Additionally, there are 115,000 non-fatal injuries
     6  across  the  country.  The  federal  government has largely ignored this
     7  public health crisis and has left it up to state and  local  governments
     8  to protect its citizens. Firearm violence also costs billions of dollars
     9  and  causes  incalculable  emotional  damage,  devastating  families and
    10  communities throughout the country.  Therefore, the state  of  New  York
    11  has  a  strong interest in reducing violence and crimes that involve the
    12  use of firearms and the illegal trafficking of  firearms.  Illegal  guns
    13  obtained  throughout the state end up in the hands of individuals with a
    14  criminal record, youth and individuals with a history  of  violence  who
    15  use them to threaten, maim and kill.
    16    2.  There is a thriving underground market for illegal firearms, which
    17  is leading to shootings that are disproportionately impacting  under-re-
    18  sourced  Black  and Brown communities. A highly efficient and continuous

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01985-05-2

        A. 837--A                           2

     1  business practice exists in which firearms are moved from legal manufac-
     2  ture and sale to prohibited purchasers, making  them  illegal  firearms.
     3  According  to  a  recent  report of the New York state attorney general,
     4  52,915  crime guns were recovered by law enforcement in New York between
     5  2010-2015. Target on Trafficking, New York Crime Gun  Analysis,  October
     6  2016  ("2016 AG Report"). Of these crime guns, 13,188 or 24.9% were long
     7  guns. Outside New York City, long guns are sold without  a  permit.  The
     8  2016  AG  Report further found that 90% of the crime guns recovered were
     9  recovered in seven distinct markets: New York  City,  the  lower  Hudson
    10  Valley  (including  the  cities  of  Yonkers, White Plains, Newburgh and
    11  Poughkeepsie), the Capital Region (including Albany, Troy and Schenecta-
    12  dy), Syracuse, Rochester and Buffalo. 74% of the  crime  guns  recovered
    13  were  from  out  of state. Yet a significant portion of guns involved in
    14  crimes upstate originate within the state. For example, according to the
    15  2016 AG Report, 41% of crime guns in the Buffalo area and 56%  of  crime
    16  guns in the Rochester area originated within New York state.
    17    3.  Youth are particularly at risk of being killed with guns.  Accord-
    18  ing to the Centers for Disease Control and Prevention, in 2019 alone, 40
    19  children and teens (under the age of 19) died from gun violence  in  New
    20  York state.
    21    4. A substantial portion of illegal firearms are diverted to the ille-
    22  gal  market  through  licensed gun dealers. Rogue gun dealers play a key
    23  role in this market. These rogue dealers  funnel  guns  to  the  illegal
    24  market through a variety of channels. One of the most common means is to
    25  allow "straw purchases". A straw purchase occurs when a person purchases
    26  a gun on behalf of a prohibited person.  In 2000, the Bureau of Alcohol,
    27  Tobacco,  Firearms,  and  Explosives (ATF) conducted an investigation of
    28  gun trafficking from July 1996 to December 1998 and  found  that  almost
    29  26,000  trafficked firearms were associated with investigations in which
    30  there was a straw purchaser. Almost  50%  of  all  trafficking  investi-
    31  gations  involved straw purchasers, with an average of 37 firearms traf-
    32  ficked per investigation.  Another issue, according to a 2008 report  by
    33  Mayors  Against Illegal Guns, Inside Straw Purchasing: How Criminals Get
    34  Guns Illegally, is that many traffickers return to the same store  again
    35  and  again  once  they  have identified it as one in which they can make
    36  straw purchases easily.  According to the ATF, 1% of gun dealers are the
    37  source of almost 60% of crime guns.  Although ATF has not since released
    38  an updated report on straw purchases, a 2019 University of Chicago study
    39  found that, of those incarcerated for a gun-related crime, 58%  acquired
    40  their gun from a friend or acquaintance.
    41    5.    Although  most  gun dealers operate their businesses legally and
    42  responsibly, some gun dealers who are corrupt or maintain shoddy record-
    43  keeping practices flood the streets with illegal weapons as a result  of
    44  their  unrestricted access to new gun inventory and the unwillingness of
    45  gun manufacturers to terminate their  supply  to  these  rogue  dealers.
    46  Current  federal  and state regulation has not curbed the business prac-
    47  tice of illegal gun dealers. According to a 2004 study by Americans  for
    48  Gun  Safety,  of  the 120 worst gun dealers in the country, namely those
    49  dealers with an average of 500 crime guns traced to them, 96 were  still
    50  in operation.
    51    6.  Moreover,  this  problem is not limited to unlicensed sellers, and
    52  clearly includes federal firearms  licensees  (FFLs).  Indeed,  although
    53  FFLs were involved in under 10% of the trafficking investigations under-
    54  taken  by  ATF, they were associated with the largest number of diverted
    55  firearms--over 40,000 guns, which is nearly half of the total number  of
    56  trafficked  firearms  documented during the two-year period of the ATF's

        A. 837--A                           3

     1  investigation.  Additionally, a 2010 report by  Mayors  Against  Illegal
     2  Guns  indicated  that  several  states  which allow state authorities to
     3  supplement the federal ATF inspection with routine  inspections  provide
     4  law  enforcement with more opportunities to uncover dealers in violation
     5  of the law.  These inspections also help identify dealers  who  exercise
     6  lax  oversight  over their inventory and may lead to improved compliance
     7  with federal, state, and local laws.
     8    7. Current state  law  governing  firearm  dealers  is  inadequate  to
     9  prevent  the  diversion  of  firearms to the illegal marketplace.  Addi-
    10  tional protections that are needed include,  but  are  not  limited  to,
    11  better  gun dealer internal compliance procedures, programs to eliminate
    12  straw purchases, improved security measures, reducing youth access,  and
    13  mandatory training for gun dealer employees.  The additional protections
    14  set forth in this act will greatly enhance the state's efforts to reduce
    15  criminal activity in the state.
    16    § 2. The general business law is amended by adding a new article 39-BB
    17  to read as follows:
    18                                ARTICLE 39-BB
    19                  PREVENTING THE UNLAWFUL SALE OF FIREARMS,
    20         RIFLES, AND SHOTGUNS TO INDIVIDUALS WITH A CRIMINAL RECORD
    21  Section 875-a. Definitions.
    22          875-b. Reasonable  measures to prevent unlawful sales and trans-
    23                   fers to individuals with a criminal record.
    24          875-c. Security.
    25          875-d. Access to firearms, rifles, and shotguns.
    26          875-e. Location of firearm, rifle, and shotgun sales.
    27          875-f. Employee training.
    28          875-g. Maintenance of records.
    29          875-h. Internal compliance and certification.
    30          875-i. Rules and regulations.
    31          875-j. Violations.
    32    § 875-a. Definitions. For the purposes of this article:
    33    1. "Dealer" means a gunsmith or dealers in firearms licensed  pursuant
    34  to section 400.00 of the penal law.
    35    2.  "Dispose  of"  means  to dispose of, give, give away, lease, lend,
    36  keep for sale, offer, offer  for  sale,  sell,  transfer,  or  otherwise
    37  dispose of.
    38    3.  "Firearm" has the same meaning as that term is defined in subdivi-
    39  sion three of section 265.00 of the penal law.
    40    4. "Firearm exhibitor" means any  person,  firm,  partnership,  corpo-
    41  ration,  or company that exhibits, sells, offers for sale, transfers, or
    42  exchanges firearms, rifles, or shotguns at a gun show.
    43    5. "Rifle" has the same meaning as that term is defined in subdivision
    44  eleven of section 265.00 of the penal law.
    45    6. "Shotgun" has the same meaning as that term is defined in  subdivi-
    46  sion twelve of section 265.00 of the penal law.
    47    7.  "Straw  purchase" means the purchase, or attempt to purchase, by a
    48  person of a firearm, rifle, shotgun or ammunition for, on behalf of,  or
    49  for  the  use  of  another  person  known or unknown. The term shall not
    50  include a bona fide gift to a person who is not prohibited from possess-
    51  ing or receiving such a firearm. For purposes of the preceding sentence,
    52  a gift to a person is not a bona fide gift if the person has offered  or
    53  given  the  purchaser a service or thing of value to acquire the firearm
    54  for the person.
    55    8. "Straw purchaser" means a  person  who  purchases  or  attempts  to
    56  purchase  a  firearm, rifle, shotgun or ammunition for, on behalf of, or

        A. 837--A                           4

     1  for the use of such other person known or unknown, other than as a  bona
     2  fide gift.
     3    9. "Superintendent" means the superintendent of state police.
     4    §  875-b.  Reasonable measures to prevent unlawful sales and transfers
     5  to individuals with a criminal record.   1.  Every  dealer  shall  adopt
     6  reasonable measures to prevent firearms, rifles, and shotguns from being
     7  diverted  from the legal stream of commerce, intentionally or otherwise,
     8  for later sale, transfer, or disposal to individuals not  legally  enti-
     9  tled  to  purchase or possess such weapons. Such measures shall include,
    10  but need not be  limited  to,  programs  to  eliminate  sales  to  straw
    11  purchasers  and  to otherwise thwart illegal gun trafficking. The super-
    12  intendent shall develop programs designed to eliminate  sales  to  straw
    13  purchasers  and  to otherwise thwart illegal gun trafficking. Within six
    14  months of the effective date of this article, the  superintendent  shall
    15  submit  a  report  to the legislature detailing such programs, including
    16  establishing minimum requirements for such programs.
    17    2. Every dealer shall carry insurance coverage against  liability  for
    18  damage  to property and for injury to or death of any person as a result
    19  of the sale, delivery, lease, or transfer of a firearm, rifle, or  shot-
    20  gun  in  amounts appropriate to its level of sales, but no less than one
    21  million dollars for each incident of damage, injury, or death.
    22    § 875-c. Security. 1.  Every dealer shall implement  a  security  plan
    23  for  securing  firearms, rifles and shotguns, including firearms, rifles
    24  and shotguns in shipment. The plan must satisfy at least  the  following
    25  requirements:
    26    (a)  display cases shall be locked at all times except when removing a
    27  single firearm, rifle or shotgun to show a customer, and customers shall
    28  handle firearms, rifles or shotguns only under the direct supervision of
    29  an employee;
    30    (b) all firearms, rifles and shotguns shall  be  secured,  other  than
    31  during  business  hours,  in  a  locked  fireproof  safe or vault in the
    32  licensee's business premises or in a similar secured  and  locked  area;
    33  and
    34    (c)  ammunition  shall  be stored separately from the firearms, rifles
    35  and shotguns and out of reach of the customers.
    36    2. (a) The permitted business location shall be secured  by  an  alarm
    37  system  that  is  installed  and maintained by an alarm company operator
    38  properly licensed pursuant to state law. The alarm system must be  moni-
    39  tored  by  a  central station listed by Underwriters Laboratories, Inc.,
    40  and covered by an active Underwriters Laboratories,  Inc.  alarm  system
    41  certificate  with  a  #3  extent of protection.   The permitted business
    42  shall be equipped with a video recording device at each  point  of  sale
    43  and  entrance  and  exits  to the premises, which shall be recorded from
    44  both the indoor and  outdoor  vantage  point  and  shall  maintain  such
    45  recordings for a period of not less than two years.
    46    (b)   Underwriters   Laboratories,  Inc.  uses  the  term  "extent  of
    47  protection" to refer to the amount  of  alarm  protection  installed  to
    48  protect  a  particular area, room or container. Systems with a #3 extent
    49  of protection include complete protection for all  accessible  openings,
    50  and  partial  motion  and  sound detection at certain other areas of the
    51  premises. More information may be found in: Central Station Alarm  Asso-
    52  ciation, A Practical Guide to Central Station Burglar Alarm Systems (3rd
    53  ed. 2005).
    54    § 875-d. Access to firearms, rifles, and shotguns. Every retail dealer
    55  shall  exclude  all  persons  under  eighteen  years  of  age from those
    56  portions of its premises where firearms, rifles, shotguns, or ammunition

        A. 837--A                           5

     1  are stocked or sold, unless such person is accompanied by  a  parent  or
     2  guardian.
     3    §  875-e.  Location of firearm, rifle, and shotgun sales. Every dealer
     4  shall sell or otherwise dispose of firearms, rifles, and  shotguns  only
     5  at  the  location  listed on the dealer's federal firearms license or at
     6  gun shows.
     7    § 875-f. Employee training. 1.   Every dealer shall  annually  provide
     8  the  training outlined by the superintendent pursuant to subdivision two
     9  of this section to all new and current  employees  and  other  personnel
    10  engaged  in  the retail sale of firearms, rifles, and shotguns.  Dealers
    11  shall keep a record of the completion of  this  training  which  may  be
    12  requested as part of the certification process outlined in paragraph (b)
    13  of subdivision one of section eight hundred seventy-five-h of this arti-
    14  cle.
    15    2.  The  superintendent  shall  develop  and  make  available  to each
    16  licensed dealer, a training course in the conduct of  firearm  transfers
    17  including at a minimum the following:
    18    (a)  Federal  and  state  laws  governing  firearm, rifle, and shotgun
    19  transfers.
    20    (b) How to recognize, identify, respond, and report  straw  purchases,
    21  illegal purchases, and fraudulent activity.
    22    (c) How to recognize, identify, respond, and report an individual that
    23  intends to use a firearm for unlawful purposes, including self-harm.
    24    (d)  How to prevent, respond, and report theft or burglary of firearms
    25  and ammunition.
    26    (e) How to educate customers on rules of gun safety, including but not
    27  limited to the safe handling and storage of firearms, rifles, and  shot-
    28  guns.
    29    (f) Such other topics the superintendent deems necessary and appropri-
    30  ate.
    31    3.  No employee or agent of any retail dealer shall participate in the
    32  sale or disposition of firearms, rifles, or shotguns unless such  person
    33  is  at least twenty-one years of age and has first received the training
    34  required by this section.  The  superintendent  shall  promulgate  regu-
    35  lations  setting  forth  minimum  requirements  for  the  maintenance of
    36  records of such training.
    37    § 875-g.  Maintenance of records. Every  dealer  shall  establish  and
    38  maintain a book, or if the dealer should choose, electronic-based record
    39  of  such  purchase,  sale,  inventory, and other records at the dealer's
    40  place of business in such form and for such period as the superintendent
    41  shall require, and shall submit a copy of such records to the  New  York
    42  state  police  every  April and October. Such records shall at a minimum
    43  include the following:
    44    1. the make, model, caliber or gauge, manufacturer's name, and  serial
    45  number  of  all rifles and shotguns that are acquired or disposed of not
    46  later than one business day  after  their  acquisition  or  disposition.
    47  Monthly backups of these records kept in a book shall be maintained in a
    48  secure container designed to prevent loss by fire, theft, or other mish-
    49  ap.    If  the  dealer  chooses  to  maintain an electronic-based record
    50  system, those records must be backed up on an external  server  or  over
    51  the internet at the close of each business day;
    52    2.  all  rifles  and shotguns acquired but not yet disposed of must be
    53  accounted for through an inventory check prepared once  each  month  and
    54  maintained in a secure location;
    55    3.  rifle  and  shotgun  disposition information, including the serial
    56  numbers of rifles and shotguns sold, dates  of  sale,  and  identity  of

        A. 837--A                           6

     1  purchasers,  shall  be  maintained  and  made  available  at any time to
     2  government law enforcement agencies and to the manufacturer of the weap-
     3  on or its designee; and
     4    4.  every  dealer shall maintain records of criminal rifle and shotgun
     5  traces initiated by the federal bureau of alcohol, tobacco, firearms and
     6  explosives ("ATF"). All ATF  Form  4473  transaction  records  shall  be
     7  retained  on  the  dealer's  business  premises  in  a  secure container
     8  designed to prevent loss by fire, theft, or other mishap.
     9    § 875-h. Internal compliance and certification. 1. Every dealer shall:
    10    (a) implement and maintain sufficient internal  compliance  procedures
    11  to  ensure  compliance  with  the  requirements  of this article and all
    12  applicable federal, state, and local laws and regulations governing  the
    13  sale, transfer, and disposal of firearms, rifles, and shotguns; and
    14    (b)  annually  certify  to  the  superintendent  that  such dealer has
    15  complied with all of the requirements of this article.  The  superinten-
    16  dent  shall  by regulation determine the form and content of such annual
    17  certification.
    18    2. The superintendent shall promulgate regulations establishing  peri-
    19  odic  inspections  of not less than one inspection of every dealer every
    20  three years, during regular and usual business hours, by the division of
    21  state police of the premises of every dealer to determine compliance  by
    22  such  dealer  with  the requirements of this article. Every dealer shall
    23  provide the division of state police with full access to  such  dealer's
    24  premises for such inspections.
    25    § 875-i. Rules and regulations. The superintendent may promulgate such
    26  additional rules and regulations as the superintendent shall deem neces-
    27  sary  to prevent firearms, rifles, and shotguns from being diverted from
    28  the legal stream of commerce.
    29    § 875-j. Violations. Any person, firm, or  corporation  who  knowingly
    30  violates  any  provision  of  this  article shall be guilty of a class A
    31  misdemeanor punishable as provided for in the penal law.
    32    § 3. Subdivision 1 of section 400.00 of the penal law, as  amended  by
    33  chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
    34  the laws of 2018, is amended to read as follows:
    35    1. Eligibility. No license shall be issued or renewed pursuant to this
    36  section  except  by  the licensing officer, and then only after investi-
    37  gation and finding that all statements in a  proper  application  for  a
    38  license  are  true.  No license shall be issued or renewed except for an
    39  applicant (a) twenty-one years of age or older, provided, however,  that
    40  where  such  applicant  has  been  honorably  discharged from the United
    41  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    42  national  guard  of the state of New York, no such age restriction shall
    43  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
    44  anywhere  of  a felony or a serious offense or who is not the subject of
    45  an outstanding warrant of arrest issued upon the alleged commission of a
    46  felony or serious offense; (d) who is not a fugitive from  justice;  (e)
    47  who  is  not an unlawful user of or addicted to any controlled substance
    48  as defined in section 21 U.S.C. 802; (f) who being an alien (i)  is  not
    49  illegally or unlawfully in the United States or (ii) has not been admit-
    50  ted to the United States under a nonimmigrant visa subject to the excep-
    51  tion  in  18  U.S.C. 922(y)(2); (g) who has not been discharged from the
    52  Armed Forces under dishonorable conditions; (h) who, having been a citi-
    53  zen of the United States, has not renounced his or her citizenship;  (i)
    54  who  has  stated whether he or she has ever suffered any mental illness;
    55  (j) who has not been involuntarily committed to  a  facility  under  the
    56  jurisdiction  of  an office of the department of mental hygiene pursuant

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     1  to article nine or fifteen of the  mental  hygiene  law,  article  seven
     2  hundred  thirty or section 330.20 of the criminal procedure law, section
     3  four hundred two or five hundred eight of the  correction  law,  section
     4  322.2 or 353.4 of the family court act, or has not been civilly confined
     5  in  a  secure  treatment  facility pursuant to article ten of the mental
     6  hygiene law; (k) who has not had a license revoked or who is not under a
     7  suspension or ineligibility order issued pursuant to the  provisions  of
     8  section  530.14  of  the criminal procedure law or section eight hundred
     9  forty-two-a of the family court act; (l) in the county  of  Westchester,
    10  who  has  successfully  completed  a  firearms safety course and test as
    11  evidenced by a certificate of completion issued in his or her  name  and
    12  endorsed  and  affirmed under the penalties of perjury by a duly author-
    13  ized instructor, except that: (i) persons who are  honorably  discharged
    14  from  the  United  States army, navy, marine corps or coast guard, or of
    15  the national guard of the state of New York,  and  produce  evidence  of
    16  official  qualification  in  firearms during the term of service are not
    17  required to have completed those  hours  of  a  firearms  safety  course
    18  pertaining  to the safe use, carrying, possession, maintenance and stor-
    19  age of a firearm; and (ii) persons who were licensed to possess a pistol
    20  or revolver prior to the  effective  date  of  this  paragraph  are  not
    21  required  to  have  completed a firearms safety course and test; (m) who
    22  has not had a  guardian  appointed  for  him  or  her  pursuant  to  any
    23  provision  of  state  law,  based on a determination that as a result of
    24  marked subnormal intelligence, mental illness, incapacity, condition  or
    25  disease,  he  or she lacks the mental capacity to contract or manage his
    26  or her own affairs; and (n) concerning whom no good cause exists for the
    27  denial of the license.  No  person  shall  engage  in  the  business  of
    28  gunsmith or dealer in firearms unless licensed pursuant to this section,
    29  and  no person shall engage in the business of dealer in firearms unless
    30  such person complies with the provisions of  article  thirty-nine-BB  of
    31  the general business law.  An applicant to engage in such business shall
    32  also  be  a  citizen of the United States, more than twenty-one years of
    33  age and maintain a place of business in the city  or  county  where  the
    34  license  is  issued.  For  such  business, if the applicant is a firm or
    35  partnership, each member thereof shall comply with all of  the  require-
    36  ments  set  forth  in  this subdivision and if the applicant is a corpo-
    37  ration, each officer thereof shall so comply.
    38    § 4. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
    39  vision 11 as amended by chapter 1 of the laws of 2013 and subdivision 12
    40  as amended by chapter 129 of the laws of 2019, are amended  to  read  as
    41  follows:
    42    11. License: revocation and suspension. (a) The conviction of a licen-
    43  see  anywhere  of  a felony or serious offense or a licensee at any time
    44  becoming ineligible to obtain a license under this section shall operate
    45  as a revocation of the license. A license may be revoked or suspended as
    46  provided for in section 530.14 of the criminal procedure law or  section
    47  eight  hundred forty-two-a of the family court act. Except for a license
    48  issued pursuant to section 400.01 of this  article,  a  license  may  be
    49  revoked  and  cancelled  at any time in the city of New York, and in the
    50  counties of Nassau and Suffolk, by the licensing officer, and  elsewhere
    51  than  in  the  city  of  New  York by any judge or justice of a court of
    52  record; a license issued pursuant to section 400.01 of this article  may
    53  be  revoked  and  cancelled  at any time by the licensing officer or any
    54  judge or justice of a court of record. A license to engage in the  busi-
    55  ness  of  dealer  may  be  revoked or suspended for any violation of the
    56  provisions of article thirty-nine-BB of the general  business  law.  The

        A. 837--A                           8

     1  official  revoking  a  license shall give written notice thereof without
     2  unnecessary delay to the executive department, division of state police,
     3  Albany, and shall also notify immediately the  duly  constituted  police
     4  authorities of the locality.
     5    (b) Whenever the director of community services or his or her designee
     6  makes  a  report pursuant to section 9.46 of the mental hygiene law, the
     7  division of criminal justice services  shall  convey  such  information,
     8  whenever  it  determines that the person named in the report possesses a
     9  license issued pursuant to this section, to  the  appropriate  licensing
    10  official, who shall issue an order suspending or revoking such license.
    11    (c)  In  any  instance  in  which  a  person's license is suspended or
    12  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
    13  shall  surrender  such license to the appropriate licensing official and
    14  any and all firearms, rifles, or shotguns owned  or  possessed  by  such
    15  person  shall be surrendered to an appropriate law enforcement agency as
    16  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
    17  section  265.20  of  this  chapter.  In the event such license, firearm,
    18  shotgun, or rifle is not surrendered, such items shall  be  removed  and
    19  declared  a  nuisance  and  any  police  officer or peace officer acting
    20  pursuant to his or her special duties is authorized to  remove  any  and
    21  all such weapons.
    22    12.  Records  required  of gunsmiths and dealers in firearms. [Any] In
    23  addition to the requirements set forth in article thirty-nine-BB of  the
    24  general  business  law,  any  person  licensed  as gunsmith or dealer in
    25  firearms shall keep a record book approved as to  form,  except  in  the
    26  city  of  New York, by the superintendent of state police. In the record
    27  book shall be entered at the  time  of  every  transaction  involving  a
    28  firearm the date, name, age, occupation and residence of any person from
    29  whom  a  firearm  is received or to whom a firearm is delivered, and the
    30  calibre, make, model, manufacturer's name and serial number, or if none,
    31  any other distinguishing number or identification mark on such  firearm.
    32  Before  delivering  a  firearm to any person, the licensee shall require
    33  him to produce either a license valid under this  section  to  carry  or
    34  possess  the  same,  or  proof  of  lawful authority as an exempt person
    35  pursuant to section 265.20 of this chapter and either (a)  the  National
    36  Instant  Criminal  Background  Check  System (NICS) or its successor has
    37  issued a "proceed" response to the licensee, or (b) thirty calendar days
    38  have elapsed since the date the licensee contacted NICS  to  initiate  a
    39  national instant criminal background check and NICS has not notified the
    40  licensee  that  the  transfer  of  the  firearm to such person should be
    41  denied. In addition, before delivering a firearm to a peace officer, the
    42  licensee shall verify that person's status as a peace officer  with  the
    43  division  of  state police. After completing the foregoing, the licensee
    44  shall remove and retain the attached coupon and enter in the record book
    45  the date of such license, number, if any,  and  name  of  the  licensing
    46  officer,  in the case of the holder of a license to carry or possess, or
    47  the shield or other number, if any, assignment and department,  unit  or
    48  agency, in the case of an exempt person. The original transaction report
    49  shall  be  forwarded  to the division of state police within ten days of
    50  delivering a firearm to any person, and a duplicate copy shall  be  kept
    51  by  the  licensee. The superintendent of state police may designate that
    52  such record shall be completed and transmitted  in  electronic  form.  A
    53  dealer  may  be granted a waiver from transmitting such records in elec-
    54  tronic form if the superintendent determines that such dealer is incapa-
    55  ble of such transmission due to technological limitations that  are  not
    56  reasonably  within  the  control  of  the  dealer,  or other exceptional

        A. 837--A                           9

     1  circumstances demonstrated by the dealer, pursuant to a  process  estab-
     2  lished  in  regulation,  and  at  the  discretion of the superintendent.
     3  Records assembled or collected for purposes of inclusion in the database
     4  created  pursuant to section 400.02 of this article shall not be subject
     5  to disclosure pursuant to article six of the public  officers  law.  The
     6  record  book shall be maintained on the premises mentioned and described
     7  in the license and shall be open at all reasonable hours for  inspection
     8  by  any  peace officer, acting pursuant to his special duties, or police
     9  officer. In the event of cancellation or revocation of the  license  for
    10  gunsmith  or  dealer  in  firearms,  or  discontinuance of business by a
    11  licensee, such record book  shall  be  immediately  surrendered  to  the
    12  licensing officer in the city of New York, and in the counties of Nassau
    13  and  Suffolk,  and  elsewhere  in the state to the executive department,
    14  division of state police.
    15    § 5. Severability. If any clause, sentence, paragraph, section or part
    16  of this act shall be adjudged by any court of competent jurisdiction  to
    17  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    18  remainder thereof, but shall be confined in its operation to the clause,
    19  sentence, paragraph, section or part thereof directly  involved  in  the
    20  controversy in which such judgment shall have been rendered.
    21    § 6. This act shall take effect on the one hundred eightieth day after
    22  it  shall have become a law. Effective immediately, the addition, amend-
    23  ment and/or repeal of any rule or regulation for the  implementation  of
    24  section  two of this act on its effective date are authorized to be made
    25  on or before such effective date.