STATE OF NEW YORK
        ________________________________________________________________________

                                          4818

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 15, 2023
                                       ___________

        Introduced  by  Sens.  GIANARIS, BAILEY, MAYER, RAMOS, SEPULVEDA -- read
          twice and ordered printed, and when printed to  be  committed  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.

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

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

        S. 4818                             3

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

        S. 4818                             4

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

        S. 4818                             5

     1  or before such date then the amendments to subdivision 2 of section  898
     2  of the general business law, as made by section three of this act, shall
     3  take  effect  on the same date and in the same manner as such chapter of
     4  the laws of 2022 takes effect.