STATE OF NEW YORK
        ________________________________________________________________________

                                          4261

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by  M. of A. PAULIN, DINOWITZ, DICKENS, SEAWRIGHT, L. ROSEN-
          THAL, ZINERMAN -- read once and referred to the Committee on Codes

        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 207 of the laws  of  2022,  is  amended  to  read  as
     3  follows:
     4    12. Records required of gunsmiths and dealers in firearms. In addition
     5  to  the  requirements set forth in article thirty-nine-BB of the general
     6  business law, any person licensed as  gunsmith  or  dealer  in  firearms
     7  shall  keep a record book approved as to form, except in the city of New
     8  York, by the superintendent of state police. In the record book shall be
     9  entered at the time of every transaction involving a firearm  the  date,
    10  name, age, occupation and residence of any person from whom a firearm is
    11  received  or  to  whom  a  firearm  is delivered, and the calibre, make,
    12  model, manufacturer's name and serial number,  or  if  none,  any  other
    13  distinguishing  number  or  identification  mark on such firearm. Before
    14  delivering a firearm to any person, the licensee shall  require  him  to
    15  produce  either  a  license valid under this section to carry or possess
    16  the same, or proof of lawful authority as an exempt person  pursuant  to
    17  section  265.20  of  this  chapter  and [either (a) the National Instant
    18  Criminal Background Check System (NICS) or its successor  has  issued  a
    19  "proceed" response to the licensee, or (b) thirty calendar] ten business
    20  days  have  elapsed  since  the  date  the licensee contacted [NICS] the
    21  National Instant Criminal Background Check System (NICS) or its  succes-
    22  sor  to  initiate  a national instant criminal background check and NICS
    23  has not notified the licensee that the transfer of the firearm  to  such
    24  person  should  be denied. In addition, before delivering a firearm to a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08360-01-3

        A. 4261                             2

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

        A. 4261                             3

     1  successor  to initiate a national instant criminal background check [and
     2  NICS has not notified the seller or transferor that the transfer of  the
     3  firearm, rifle or shotgun to such person should be denied].
     4    §  4. Subdivisions 1 and 2 of section 898 of the general business law,
     5  as amended by chapter 129 of the laws of 2019, are amended  to  read  as
     6  follows:
     7    1. In addition to any other requirements pursuant to state and federal
     8  law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
     9  shall be conducted in accordance with this  section  unless  such  sale,
    10  exchange  or  disposal  is  conducted  by  a licensed importer, licensed
    11  manufacturer or licensed dealer, as those terms are defined in 18 USC  §
    12  922,  when such sale, exchange or disposal is conducted pursuant to that
    13  person's federal firearms license or such sale, exchange or disposal  is
    14  between  members  of  an  immediate  family.  When  a  sale, exchange or
    15  disposal is conducted pursuant to a person's federal  firearms  license,
    16  before delivering a firearm, rifle or shotgun to any person, [either (a)
    17  the  National  Instant  Criminal  Background  Check System (NICS) or its
    18  successor has issued a "proceed" response to the federal firearms licen-
    19  see, or (b) thirty calendar] ten business days shall have elapsed  since
    20  the  date  the  federal  firearms licensee contacted [NICS] the National
    21  Instant Criminal Background Check System  (NICS)  or  its  successor  to
    22  initiate  a national instant criminal background check [and NICS has not
    23  notified the federal firearms licensee that the transfer of the firearm,
    24  rifle or shotgun to such person should be denied]. For purposes of  this
    25  section, "immediate family" shall mean spouses, domestic partners, chil-
    26  dren and step-children.
    27    2.  Before  any sale, exchange or disposal pursuant to this article, a
    28  national instant criminal background check must be completed by a dealer
    29  who consents to conduct such check, and upon completion  of  such  back-
    30  ground  check,  shall  complete  a  document, the form of which shall be
    31  approved by the superintendent of  state  police,  that  identifies  and
    32  confirms  that such check was performed. Before a dealer who consents to
    33  conduct a national instant criminal background check delivers a firearm,
    34  rifle or shotgun to any person, [either  (a)  NICS  issued  a  "proceed"
    35  response  to the dealer, or (b) thirty calendar] ten business days shall
    36  have elapsed since the date the dealer  contacted  [NICS]  the  National
    37  Instant  Criminal  Background  Check  System  (NICS) or its successor to
    38  initiate a national instant criminal background check [and NICS has  not
    39  notified  the  dealer that the transfer of the firearm, rifle or shotgun
    40  to such person should be denied].
    41    § 4-a. Subdivision 2 of section 898 of the general  business  law,  as
    42  amended  by  chapter  371  of  the  laws  of 2022, is amended to read as
    43  follows:
    44    2. Before any sale, exchange or disposal pursuant to this  article,  a
    45  national instant criminal background check must be completed by a dealer
    46  who  shall  submit a request to the division of state police pursuant to
    47  section two hundred twenty-eight of the executive law  to  conduct  such
    48  check.  Before  a  dealer who has submitted a request to the division of
    49  state police to conduct a national  instant  criminal  background  check
    50  delivers  a  firearm,  rifle  or shotgun to any person, [either (a) NICS
    51  shall have issued a "proceed" response,  or  (b)  thirty  calendar]  ten
    52  business  days  shall have elapsed since the date the dealer submitted a
    53  request to the division of state police to contact the  [NICS]  National
    54  Instant  Criminal  Background  Check  System  (NICS) or its successor to
    55  initiate a national instant criminal background check and NICS  has  not

        A. 4261                             4

     1  notified  the division of state police that the transfer of the firearm,
     2  rifle or shotgun to such person should be denied.
     3    §  5.  This  act  shall take effect on the sixtieth day after it shall
     4  have become a law; provided, however, that if chapter 371 of the laws of
     5  2022 shall not have taken effect on or before  such  date  then  section
     6  four-a  of  this  act shall take effect on the same date and in the same
     7  manner as such chapter of the laws of 2022 takes effect.