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
A. 5696 2
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
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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.
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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.