STATE OF NEW YORK
        ________________________________________________________________________

                                          9937

                   IN ASSEMBLY

                                     April 19, 2022
                                       ___________

        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Codes

        AN  ACT  to amend the general business law, in relation to expanding the
          definition of  immediate  family  to  include  parents,  step-parents,
          siblings,  grandparents  and grandchildren as such term relates to the
          private sale or disposal of certain firearms

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

     1    Section  1.  Subdivision 1 of section 898 of the general business law,
     2  as amended by chapter 129 of the laws of 2019, is  amended  to  read  as
     3  follows:
     4    1. In addition to any other requirements pursuant to state and federal
     5  law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
     6  shall be conducted in accordance with this  section  unless  such  sale,
     7  exchange  or  disposal  is  conducted  by  a licensed importer, licensed
     8  manufacturer or licensed dealer, as those terms are defined in 18 USC  §
     9  [922] 921, when such sale, exchange or disposal is conducted pursuant to
    10  that  person's  federal  firearms  license  or  such  sale,  exchange or
    11  disposal is between  members  of  an  immediate  family.  When  a  sale,
    12  exchange  or  disposal  is  conducted  pursuant  to  a  person's federal
    13  firearms license, before delivering a firearm, rifle or shotgun  to  any
    14  person, either (a) the National Instant Criminal Background Check System
    15  (NICS)  or  its successor has issued a "proceed" response to the federal
    16  firearms licensee, or (b) thirty calendar days shall have elapsed  since
    17  the  date  the  federal  firearms  licensee contacted NICS to initiate a
    18  national instant criminal background check and NICS has not notified the
    19  federal firearms licensee that the transfer of  the  firearm,  rifle  or
    20  shotgun  to  such person should be denied. For purposes of this section,
    21  "immediate family"  shall  mean  spouses,  domestic  partners,  children
    22  [and],  step-children, parents, step-parents, siblings, grandparents and
    23  grandchildren.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04051-03-1