STATE OF NEW YORK
        ________________________________________________________________________

                                         8780--A

                    IN SENATE

                                     April 14, 2022
                                       ___________

        Introduced by Sens. KAVANAGH, GAUGHRAN, GOUNARDES, HOYLMAN -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on  Codes  -- 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. The general business law is amended by adding a new article
     2  39-BB to read as follows:
     3                                ARTICLE 39-BB
     4                  PREVENTING THE UNLAWFUL SALE OF FIREARMS,
     5         RIFLES, AND SHOTGUNS TO INDIVIDUALS WITH A CRIMINAL RECORD
     6  Section 875-a. Definitions.
     7          875-b. Security.
     8          875-c. Access to firearms, rifles, and shotguns.
     9          875-d. Location of firearm, rifle, and shotgun sales.
    10          875-e. Employee training.
    11          875-f. Maintenance of records.
    12          875-g. Internal compliance and certification.
    13          875-h. Rules and regulations.
    14          875-i. Violations.
    15    § 875-a. Definitions. For the purposes of this article:
    16    1.  "Dealer" means a gunsmith or dealers in firearms licensed pursuant
    17  to section 400.00 of the penal law.
    18    2. "Dispose of" or "disposition of" means to give, give  away,  lease,
    19  lend, keep for sale, offer, offer for sale, sell, or transfer.
    20    3.  "Firearm" has the same meaning as that term is defined in subdivi-
    21  sion three of section 265.00 of the penal law.
    22    4. "Rifle" has the same meaning as that term is defined in subdivision
    23  eleven of section 265.00 of the penal law.
    24    5. "Shotgun" has the same meaning as that term is defined in  subdivi-
    25  sion twelve of section 265.00 of the penal law.
    26    6.  "Straw  purchase" means the purchase, or attempt to purchase, by a
    27  person of a firearm, rifle, shotgun or ammunition for, on behalf of,  or
    28  for  the  use  of  another  person  known or unknown. The term shall not

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01985-12-2

        S. 8780--A                          2

     1  include a bona fide gift to a person who is not prohibited from possess-
     2  ing or receiving such a firearm. For purposes of the preceding sentence,
     3  a gift to a person is not a bona fide gift if the person has offered  or
     4  given  the  purchaser a service or thing of value to acquire the firearm
     5  for the person.
     6    7. "Superintendent" means the superintendent of state police.
     7    § 875-b. Security. 1.  Every dealer shall implement  a  security  plan
     8  for  securing  firearms, rifles and shotguns, including firearms, rifles
     9  and shotguns in shipment. The plan must satisfy at least  the  following
    10  requirements:
    11    (a)  display cases shall be locked at all times except when removing a
    12  single firearm, rifle or shotgun to show a customer, and customers shall
    13  handle firearms, rifles or shotguns only under the direct supervision of
    14  an employee;
    15    (b) all firearms, rifles and shotguns shall  be  secured,  other  than
    16  during  business  hours,  in  a  locked  fireproof  safe or vault in the
    17  licensee's business premises or in a similar secured  and  locked  area;
    18  and
    19    (c)  ammunition  shall  be stored separately from firearms, rifles and
    20  shotguns and out of reach of customers.
    21    2. (a) The permitted business location shall be secured  by  an  alarm
    22  system  that  is  installed  and maintained by an alarm company operator
    23  properly licensed pursuant to state law. The alarm system must be  moni-
    24  tored  by  a  central station listed by Underwriters Laboratories, Inc.,
    25  and covered by an active Underwriters Laboratories,  Inc.  alarm  system
    26  certificate  with  a  #3  extent of protection.   The permitted business
    27  shall be equipped with a video recording device at each  point  of  sale
    28  and  entrance  and  exits  to the premises, which shall be recorded from
    29  both the indoor and  outdoor  vantage  point  and  shall  maintain  such
    30  recordings for a period of not less than two years.
    31    (b)   Underwriters   Laboratories,  Inc.  uses  the  term  "extent  of
    32  protection" to refer to the amount  of  alarm  protection  installed  to
    33  protect  a  particular area, room or container. Systems with a #3 extent
    34  of protection include complete protection for all  accessible  openings,
    35  and  partial  motion  and  sound detection at certain other areas of the
    36  premises. More information may be found in: Central Station Alarm  Asso-
    37  ciation, A Practical Guide to Central Station Burglar Alarm Systems (3rd
    38  ed. 2005).
    39    § 875-c. Access to firearms, rifles, and shotguns. Every retail dealer
    40  shall  exclude  all  persons  under  eighteen  years  of  age from those
    41  portions of its premises where firearms, rifles, shotguns, or ammunition
    42  are stocked or sold, unless such person is accompanied by  a  parent  or
    43  guardian.
    44    §  875-d.  Location of firearm, rifle, and shotgun sales. Every dealer
    45  shall sell or otherwise dispose of firearms, rifles, and  shotguns  only
    46  at  the  location  listed on the dealer's federal firearms license or at
    47  gun shows.
    48    § 875-e. Employee training. 1.   Every dealer shall  annually  provide
    49  the  training outlined by the superintendent pursuant to subdivision two
    50  of this section to all new and current employees.
    51    2. The  superintendent  shall  develop  and  make  available  to  each
    52  licensed dealer, a training course in the conduct of firearm, rifle, and
    53  shotgun transfers including at a minimum the following:
    54    (a)  Federal  and  state  laws  governing  firearm, rifle, and shotgun
    55  transfers.

        S. 8780--A                          3

     1    (b) How to recognize, identify, respond, and report  straw  purchases,
     2  illegal purchases, and fraudulent activity.
     3    (c)  How to recognize, identify, respond, and report an individual who
     4  intends to use a firearm,  rifle,  or  shotgun  for  unlawful  purposes,
     5  including self-harm.
     6    (d) How to prevent, respond, and report theft or burglary of firearms,
     7  rifles, shotguns, and ammunition.
     8    (e) How to educate customers on rules of gun safety, including but not
     9  limited  to the safe handling and storage of firearms, rifles, and shot-
    10  guns.
    11    (f) Such other topics the superintendent deems necessary and appropri-
    12  ate.
    13    3. No employee or agent of any retail dealer shall participate in  the
    14  sale  or disposition of firearms, rifles, or shotguns unless such person
    15  is at least twenty-one years of age and has first received the  training
    16  required  by  this  section.  The  superintendent shall promulgate regu-
    17  lations setting  forth  minimum  requirements  for  the  maintenance  of
    18  records of such training.
    19    §  875-f.    Maintenance  of records. Every dealer shall establish and
    20  maintain a book, or if the dealer should choose, electronic-based record
    21  of such purchase, sale, inventory, and other  records  at  the  dealer's
    22  place of business in such form and for such period as the superintendent
    23  shall  require,  and shall submit a copy of such records to the New York
    24  state police every April and October. Such records shall  at  a  minimum
    25  include the following:
    26    1.  the make, model, caliber or gauge, manufacturer's name, and serial
    27  number of all rifles and shotguns that are acquired or disposed  of  not
    28  later  than  one  business  day  after their acquisition or disposition.
    29  Monthly backups of these records kept in a book shall be maintained in a
    30  secure container designed to prevent loss by fire, theft, or  flood.  If
    31  the  dealer chooses to maintain an electronic-based record system, those
    32  records must be backed up on an external server or over the internet  at
    33  the close of each business day;
    34    2.  all  rifles  and shotguns acquired but not yet disposed of must be
    35  accounted for through an inventory check prepared once  each  month  and
    36  maintained in a secure location;
    37    3.  rifle  and  shotgun  disposition information, including the serial
    38  numbers of rifles and shotguns sold, dates  of  sale,  and  identity  of
    39  purchasers,  shall  be  maintained  and  made  available  at any time to
    40  government law enforcement agencies and to the manufacturer of the weap-
    41  on or its designee; and
    42    4. every dealer shall maintain records of criminal rifle  and  shotgun
    43  traces initiated by the federal bureau of alcohol, tobacco, firearms and
    44  explosives  ("ATF").  All  ATF  Form  4473  transaction records shall be
    45  retained on  the  dealer's  business  premises  in  a  secure  container
    46  designed to prevent loss by fire, theft, or flood.
    47    § 875-g. Internal compliance and certification. 1. Every dealer shall:
    48    (a)  implement  and maintain sufficient internal compliance procedures
    49  to ensure compliance with the requirements of this article; and
    50    (b) annually certify  to  the  superintendent  that  such  dealer  has
    51  complied  with  all of the requirements of this article. The superinten-
    52  dent shall by regulation determine the form and content of  such  annual
    53  certification.
    54    2.  The superintendent shall promulgate regulations establishing peri-
    55  odic inspections of not less than one inspection of every  dealer  every
    56  three years, during regular and usual business hours, by the division of

        S. 8780--A                          4

     1  state  police of the premises of every dealer to determine compliance by
     2  such dealer with the requirements of this article.  Every  dealer  shall
     3  provide  the  division of state police with full access to such dealer's
     4  premises for such inspections.
     5    § 875-h. Rules and regulations. The superintendent may promulgate such
     6  additional rules and regulations as the superintendent shall deem neces-
     7  sary  to prevent firearms, rifles, and shotguns from being diverted from
     8  the legal stream of commerce.
     9    § 875-i. Violations. Any person, firm, or  corporation  who  knowingly
    10  violates  any  provision  of  this  article shall be guilty of a class A
    11  misdemeanor punishable as provided for in the penal law.
    12    § 2. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
    13  vision 11 as amended by chapter 1 of the laws of 2013 and subdivision 12
    14  as amended by chapter 129 of the laws of 2019, are amended  to  read  as
    15  follows:
    16    11. License: revocation and suspension. (a) The conviction of a licen-
    17  see  anywhere  of  a felony or serious offense or a licensee at any time
    18  becoming ineligible to obtain a license under this section shall operate
    19  as a revocation of the license. A license may be revoked or suspended as
    20  provided for in section 530.14 of the criminal procedure law or  section
    21  eight  hundred forty-two-a of the family court act. Except for a license
    22  issued pursuant to section 400.01 of this  article,  a  license  may  be
    23  revoked  and  cancelled  at any time in the city of New York, and in the
    24  counties of Nassau and Suffolk, by the licensing officer, and  elsewhere
    25  than  in  the  city  of  New  York by any judge or justice of a court of
    26  record; a license issued pursuant to section 400.01 of this article  may
    27  be  revoked  and  cancelled  at any time by the licensing officer or any
    28  judge or justice of a court of record. A license to engage in the  busi-
    29  ness  of  dealer  may  be  revoked or suspended for any violation of the
    30  provisions of article thirty-nine-BB of the general  business  law.  The
    31  official  revoking  a  license shall give written notice thereof without
    32  unnecessary delay to the executive department, division of state police,
    33  Albany, and shall also notify immediately the  duly  constituted  police
    34  authorities of the locality.
    35    (b) Whenever the director of community services or his or her designee
    36  makes  a  report pursuant to section 9.46 of the mental hygiene law, the
    37  division of criminal justice services  shall  convey  such  information,
    38  whenever  it  determines that the person named in the report possesses a
    39  license issued pursuant to this section, to  the  appropriate  licensing
    40  official, who shall issue an order suspending or revoking such license.
    41    (c)  In  any  instance  in  which  a  person's license is suspended or
    42  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
    43  shall  surrender  such license to the appropriate licensing official and
    44  any and all firearms, rifles, or shotguns owned  or  possessed  by  such
    45  person  shall be surrendered to an appropriate law enforcement agency as
    46  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
    47  section  265.20  of  this  chapter.  In the event such license, firearm,
    48  shotgun, or rifle is not surrendered, such items shall  be  removed  and
    49  declared  a  nuisance  and  any  police  officer or peace officer acting
    50  pursuant to his or her special duties is authorized to  remove  any  and
    51  all such weapons.
    52    12.  Records  required  of gunsmiths and dealers in firearms. [Any] In
    53  addition to the requirements set forth in article thirty-nine-BB of  the
    54  general  business  law,  any  person  licensed  as gunsmith or dealer in
    55  firearms shall keep a record book approved as to  form,  except  in  the
    56  city  of  New York, by the superintendent of state police. In the record

        S. 8780--A                          5

     1  book shall be entered at the  time  of  every  transaction  involving  a
     2  firearm the date, name, age, occupation and residence of any person from
     3  whom  a  firearm  is received or to whom a firearm is delivered, and the
     4  calibre, make, model, manufacturer's name and serial number, or if none,
     5  any  other distinguishing number or identification mark on such firearm.
     6  Before delivering a firearm to any person, the  licensee  shall  require
     7  him  to  produce  either  a license valid under this section to carry or
     8  possess the same, or proof of  lawful  authority  as  an  exempt  person
     9  pursuant  to  section 265.20 of this chapter and either (a) the National
    10  Instant Criminal Background Check System (NICS)  or  its  successor  has
    11  issued a "proceed" response to the licensee, or (b) thirty calendar days
    12  have  elapsed  since  the date the licensee contacted NICS to initiate a
    13  national instant criminal background check and NICS has not notified the
    14  licensee that the transfer of the  firearm  to  such  person  should  be
    15  denied. In addition, before delivering a firearm to a peace officer, the
    16  licensee  shall  verify that person's status as a peace officer with the
    17  division of state police. After completing the foregoing,  the  licensee
    18  shall remove and retain the attached coupon and enter in the record book
    19  the  date  of  such  license,  number, if any, and name of the licensing
    20  officer, in the case of the holder of a license to carry or possess,  or
    21  the  shield  or other number, if any, assignment and department, unit or
    22  agency, in the case of an exempt person. The original transaction report
    23  shall be forwarded to the division of state police within  ten  days  of
    24  delivering  a  firearm to any person, and a duplicate copy shall be kept
    25  by the licensee. The superintendent of state police may  designate  that
    26  such  record  shall  be  completed and transmitted in electronic form. A
    27  dealer may be granted a waiver from transmitting such records  in  elec-
    28  tronic form if the superintendent determines that such dealer is incapa-
    29  ble  of  such transmission due to technological limitations that are not
    30  reasonably within the  control  of  the  dealer,  or  other  exceptional
    31  circumstances  demonstrated  by the dealer, pursuant to a process estab-
    32  lished in regulation, and  at  the  discretion  of  the  superintendent.
    33  Records assembled or collected for purposes of inclusion in the database
    34  created  pursuant to section 400.02 of this article shall not be subject
    35  to disclosure pursuant to article six of the public  officers  law.  The
    36  record  book shall be maintained on the premises mentioned and described
    37  in the license and shall be open at all reasonable hours for  inspection
    38  by  any  peace officer, acting pursuant to his special duties, or police
    39  officer. In the event of cancellation or revocation of the  license  for
    40  gunsmith  or  dealer  in  firearms,  or  discontinuance of business by a
    41  licensee, such record book  shall  be  immediately  surrendered  to  the
    42  licensing officer in the city of New York, and in the counties of Nassau
    43  and  Suffolk,  and  elsewhere  in the state to the executive department,
    44  division of state police.
    45    § 3. Severability. If any clause, sentence, paragraph, section or part
    46  of this act shall be adjudged by any court of competent jurisdiction  to
    47  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    48  remainder thereof, but shall be confined in its operation to the clause,
    49  sentence, paragraph, section or part thereof directly  involved  in  the
    50  controversy in which such judgment shall have been rendered.
    51    § 4. This act shall take effect on the one hundred eightieth day after
    52  it  shall have become a law. Effective immediately, the addition, amend-
    53  ment and/or repeal of any rule or regulation for the  implementation  of
    54  section  two of this act on its effective date are authorized to be made
    55  on or before such effective date.