STATE OF NEW YORK
        ________________________________________________________________________

                                          5696

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 22, 2023
                                       ___________

        Introduced  by  M.  of A. LAVINE, SEAWRIGHT -- read once and referred to
          the Committee on Codes

        AN ACT to amend the general business law and the penal law, in  relation
          to establishing a waiting period for the purchase of a firearm

          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  38-B to read as follows:
     3                                ARTICLE 38-B
     4                       WAITING PERIOD FOR PURCHASE OF
     5                                  FIREARMS
     6  Section 825. Definitions.
     7          826. Waiting period.
     8          827. Exemptions.
     9          828. Penalty.
    10    § 825. Definitions. As used in this section:
    11    1.  "Dealer in firearms" has the same meaning as that term is  defined
    12  in subdivision nine of section 265.00 of the penal law.
    13    2.  "Firearm" has the same meaning as that term is defined in subdivi-
    14  sion three of section 265.00 of the penal law.
    15    § 826. Waiting  period.  No  dealer  in  firearms  shall  deliver  any
    16  firearm, and no person shall take possession of any firearm from a deal-
    17  er in firearms unless:
    18    1.  ten  days  have  elapsed  from  the date such dealer initiated the
    19  national instant criminal background check of the purchaser as  required
    20  by  18  U.S.C.  §  922(t),  after receiving a completed federal Firearms
    21  Transaction Record, Form 4473, from the purchaser; and
    22    2. such dealer has received notice that the purchaser has  passed  all
    23  background checks required by federal, state and local law.
    24    §  827.  Exemptions.  Section eight hundred twenty-six of this article
    25  shall not apply to:
    26    1. any law enforcement or correctional agency, or  police  officer  or
    27  corrections  officer  acting  within  the  course or scope of his or her
    28  employment;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03285-02-3

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     1    2. any federal officer or employee authorized to possess  or  carry  a
     2  firearm  in the course of his or her duties, and any member of the armed
     3  forces of the United States or the national guard;
     4    3.  any  manufacturer,  distributor  or dealer of firearms when trans-
     5  ferring weapons to a manufacturer, distributor or dealer;
     6    4. any gunsmith licensed pursuant to section 400.00 of the penal  law,
     7  receiving a firearm for service or repair;
     8    5.  any  common  carrier or other person engaged, in the course of its
     9  business, in the business of storing or transporting goods; and
    10    6. firearms loaned or leased solely for use as  a  prop  in  a  motion
    11  picture,  streaming,  television, video, theatrical, or other production
    12  or event when the firearm is not loaded with ammunition and the loan  or
    13  lease is made by a licensed dealer in firearms in the state of New York.
    14  Ammunition shall not include blank ammunition consisting of a charge and
    15  no projectile.
    16    § 828. Penalty. Any person who violates the provisions of this article
    17  shall be guilty of a class A misdemeanor.
    18    §  2.  Subdivision  1  of  section 897 of the general business law, as
    19  amended by chapter 129 of the laws  of  2019,  is  amended  to  read  as
    20  follows:
    21    1. A national instant criminal background check shall be conducted and
    22  no  person  shall  sell or transfer a firearm, rifle or shotgun at a gun
    23  show, except in accordance with the  provisions  of  18  U.S.C.  922(t),
    24  provided  that  before  delivering  a  firearm,  rifle or shotgun to any
    25  person, [either (a)] the  National  Instant  Criminal  Background  Check
    26  System  (NICS)  or  its successor has issued a "proceed" response to the
    27  seller or transferor, [or (b) thirty calendar days  shall  have  elapsed
    28  since  the  date  the  seller or transferor contacted NICS to initiate a
    29  national instant criminal background check and NICS has not notified the
    30  seller or transferor that the transfer of the firearm, rifle or  shotgun
    31  to  such  person should be denied]  and ten days shall have elapsed from
    32  the date such seller or transferor initiated the national instant crimi-
    33  nal background check of the purchaser as required by 18 U.S.C. § 922(t),
    34  after receiving a completed federal Firearms  Transaction  Record,  Form
    35  4473,  from  the  purchaser;  and such seller or transferor has received
    36  notice that the purchaser has  passed  all background checks required by
    37  federal, state and local law.
    38    § 3. Subdivisions 1 and 2 of section 898 of the general business  law,
    39  subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi-
    40  sion  2  as  amended  by chapter 371 of the laws of 2022, are amended to
    41  read as follows:
    42    1. In addition to any other requirements pursuant to state and federal
    43  law, all sales, exchanges or disposals of firearms, rifles  or  shotguns
    44  shall  be  conducted  in  accordance with this section unless such sale,
    45  exchange or disposal is  conducted  by  a  licensed  importer,  licensed
    46  manufacturer  or licensed dealer, as those terms are defined in 18 USC §
    47  922, when such sale, exchange or disposal is conducted pursuant to  that
    48  person's  federal firearms license or such sale, exchange or disposal is
    49  between members of  an  immediate  family.  When  a  sale,  exchange  or
    50  disposal  is  conducted pursuant to a person's federal firearms license,
    51  before delivering a firearm, rifle or shotgun  to  any  person,  [either
    52  (a)] the National Instant Criminal Background Check System (NICS) or its
    53  successor has issued a "proceed" response to the federal firearms licen-
    54  see,  [or (b) thirty calendar days shall have elapsed since the date the
    55  federal firearms licensee contacted NICS to initiate a national  instant
    56  criminal background check and NICS has not notified the federal firearms

        A. 5696                             3

     1  licensee  that  the  transfer  of  the firearm, rifle or shotgun to such
     2  person should be denied] and  ten  days shall have elapsed from the date
     3  such dealer initiated the national instant criminal background check  of
     4  the  purchaser  as  required  by  18  U.S.C. § 922(t), after receiving a
     5  completed federal Firearms  Transaction  Record,  Form  4473,  from  the
     6  purchaser;  and  such  dealer has received notice that the purchaser has
     7  passed all background checks required by federal, state and  local  law.
     8  For  purposes  of  this  section, "immediate family" shall mean spouses,
     9  domestic partners, children and step-children.
    10    2. Before any sale, exchange or disposal pursuant to this  article,  a
    11  national instant criminal background check must be completed by a dealer
    12  who  shall  submit a request to the division of state police pursuant to
    13  section two hundred twenty-eight of the executive law  to  conduct  such
    14  check.  Before  a  dealer who has submitted a request to the division of
    15  state police to conduct a national  instant  criminal  background  check
    16  delivers  a  firearm,  rifle or shotgun to any person, [either (a)] NICS
    17  shall have issued a "proceed" response, [or  (b)  thirty  calendar  days
    18  shall  have elapsed since the date the dealer submitted a request to the
    19  division of state police to contact the  NICS  to  initiate  a  national
    20  instant criminal background check and NICS has not notified the division
    21  of  state  police  that the transfer of the firearm, rifle or shotgun to
    22  such person should be denied] and  ten  days shall  have  elapsed   from
    23  the  date such dealer initiated the national instant criminal background
    24  check of the purchaser as  required by 18 U.S.C. § 922(t), after receiv-
    25  ing a completed federal Firearms Transaction Record, Form 4473, from the
    26  purchaser; and such dealer has received notice that  the  purchaser  has
    27  passed  all background checks required by federal, state and local law.
    28    §  4. Subdivision 12 of section 400.00 of the penal law, as amended by
    29  chapter 207 of the laws of 2022, is amended to read as follows:
    30    12. Records required of gunsmiths and dealers in firearms. In addition
    31  to the requirements set forth in article thirty-nine-BB of  the  general
    32  business  law,  any  person  licensed  as gunsmith or dealer in firearms
    33  shall keep a record book approved as to form, except in the city of  New
    34  York, by the superintendent of state police. In the record book shall be
    35  entered  at  the time of every transaction involving a firearm the date,
    36  name, age, occupation and residence of any person from whom a firearm is
    37  received or to whom a firearm  is  delivered,  and  the  calibre,  make,
    38  model,  manufacturer's  name  and  serial  number, or if none, any other
    39  distinguishing number or identification mark  on  such  firearm.  Before
    40  delivering  a  firearm  to any person, the licensee shall require him or
    41  her to produce either a license valid under this  section  to  carry  or
    42  possess  the  same,  or  proof  of  lawful authority as an exempt person
    43  pursuant to section 265.20 of this chapter and [either (a)] the National
    44  Instant Criminal Background Check System (NICS)  or  its  successor  has
    45  issued  a  "proceed"  response  to the licensee, [or (b) thirty calendar
    46  days have elapsed since the date the licensee contacted NICS to initiate
    47  a national instant criminal background check and NICS has  not  notified
    48  the  licensee  that the transfer of the firearm to such person should be
    49  denied] and ten days shall have elapsed from the date such dealer initi-
    50  ated the national instant criminal background check of the purchaser  as
    51  required  by  18  U.S.C.  §  922(t), after receiving a completed federal
    52  Firearms Transaction Record, Form 4473, from  the  purchaser;  and  such
    53  dealer  has received notice that the purchaser has passed all background
    54  checks required by federal, state and local  law.  In  addition,  before
    55  delivering  a firearm to a peace officer, the licensee shall verify that
    56  person's status as a peace officer with the division  of  state  police.

        A. 5696                             4

     1  After completing the foregoing, the licensee shall remove and retain the
     2  attached  coupon  and enter in the record book the date of such license,
     3  number, if any, and name of the licensing officer, in the  case  of  the
     4  holder  of a license to carry or possess, or the shield or other number,
     5  if any, assignment and department, unit or agency, in  the  case  of  an
     6  exempt person. The original transaction report shall be forwarded to the
     7  division  of state police within ten days of delivering a firearm to any
     8  person, and a duplicate copy shall be kept by the licensee.  The  super-
     9  intendent  of  state  police  may  designate  that  such record shall be
    10  completed and transmitted in electronic form. A dealer may be granted  a
    11  waiver  from  transmitting such records in electronic form if the super-
    12  intendent determines that such dealer is incapable of such  transmission
    13  due  to  technological  limitations  that  are not reasonably within the
    14  control of the dealer, or other exceptional  circumstances  demonstrated
    15  by  the  dealer, pursuant to a process established in regulation, and at
    16  the discretion of the superintendent.   Records assembled  or  collected
    17  for  purposes  of  inclusion in the database created pursuant to section
    18  400.02 of this article shall not be subject to  disclosure  pursuant  to
    19  article  six  of the public officers law. The record book shall be main-
    20  tained on the premises mentioned and described in the license and  shall
    21  be  open  at  all  reasonable hours for inspection by any peace officer,
    22  acting pursuant to his or her special duties, or police officer. In  the
    23  event of cancellation or revocation of the license for gunsmith or deal-
    24  er in firearms, or discontinuance of business by a licensee, such record
    25  book  shall  be  immediately surrendered to the licensing officer in the
    26  city of New York, and in the counties of Nassau and Suffolk,  and  else-
    27  where  in  the  state  to  the  executive  department, division of state
    28  police.
    29    § 5. Section 400.20 of the penal law, as added by chapter 129  of  the
    30  laws of 2019, is amended to read as follows:
    31  § 400.20 Waiting  period  in  connection  with the sale or transfer of a
    32             rifle or shotgun.
    33    When a national instant criminal background check is required pursuant
    34  to state or federal law to be conducted  through  the  National  Instant
    35  Criminal  Background  Check System (NICS) or its successor in connection
    36  with the sale or transfer of a rifle or shotgun to  any  person,  before
    37  delivering  a  rifle  or  shotgun  to such person, [either (a)] NICS has
    38  issued a "proceed" response to the seller or transferor, [or (b)  thirty
    39  calendar days shall have elapsed since the date the seller or transferor
    40  contacted  NICS to initiate a national instant criminal background check
    41  and NICS has not notified the seller or transferor that the transfer  of
    42  the  rifle  or  shotgun  to  such person should be denied]  and ten days
    43  shall have elapsed from the date  such  dealer  initiated  the  national
    44  instant  criminal  background  check  of the purchaser as required by 18
    45  U.S.C.  §  922(t), after receiving a completed federal  Firearms  Trans-
    46  action  Record,  Form  4473,  from  the  purchaser;  and such dealer has
    47  received notice that the purchaser has   passed  all  background  checks
    48  required by federal, state and local law.
    49    §  6. This act shall take effect on the first of January next succeed-
    50  ing the date on which it shall have become  a  law;  provided,  however,
    51  that  if  chapter 371 of the laws of 2022 shall not have taken effect on
    52  or before such date then the amendments to subdivision 2 of section  898
    53  of the general business law, as made by section three of this act, shall
    54  take  effect  on the same date and in the same manner as such chapter of
    55  the laws of 2022 takes effect.