S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          574
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, HASSELL-
         THOMPSON, KRUEGER, MONTGOMERY, PERKINS, RIVERA, SERRANO,  STAVISKY  --
         read  twice  and  ordered printed, and when printed to be committed to
         the Committee on Consumer Protection
       AN ACT to amend the general business  law,  in  relation  to  regulating
         firearms and ammunition sellers
         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                       FIREARMS AND AMMUNITION DEALERS
    5  SECTION 825. DEFINITIONS.
    6          826. DEALER PERMIT.
    7          827. APPLICATION FOR DEALER PERMIT.
    8          828. INVESTIGATION BY DIVISION.
    9          829. GROUNDS FOR DENIAL OF PERMIT.
   10          830. ISSUANCE OF DEALER PERMIT.
   11          831. REVOCATION.
   12          832. REPORT OF REVOCATION.
   13          833. DISPLAY OF DEALER PERMIT.
   14          834. INSPECTION.
   15          835. SECURITY.
   16          836. INSURANCE.
   17          837. LOCATION OF BUSINESS.
   18          838. PUBLIC WARNING.
   19          839. DUTIES UPON SALE, LEASE OR TRANSFER.
   20          840. SALES RECORDS AND REPORTING.
   21          841. FIREARMS ACQUISITION RECORDS AND REPORTING.
   22          842. INVENTORY REPORTS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01832-01-3
       S. 574                              2
    1          843. LOST OR STOLEN AMMUNITION REPORTING.
    2          844. RESTRICTED ADMITTANCE.
    3          845. CRIMINAL PENALTY.
    4    S 825. DEFINITIONS. AS USED IN THIS ARTICLE:
    5    1. "APPLICANT" MEANS ANY PERSON WHO APPLIES FOR A DEALER PERMIT OR THE
    6  RENEWAL THEREOF, TO SELL, LEASE OR TRANSFER FIREARMS OR AMMUNITION.
    7    2. "COMMISSIONER" MEANS THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES.
    8    3. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
    9    4.  "ENGAGE  IN  THE  BUSINESS  OF  SELLING,  LEASING  OR TRANSFERRING
   10  FIREARMS OR AMMUNITION" MEANS:
   11    (A) CONDUCTING  THE  BUSINESS  OF  SELLING,  LEASING  OR  TRANSFERRING
   12  FIREARMS OR AMMUNITION;
   13    (B) HOLDING ONESELF OUT AS ENGAGED IN THE BUSINESS OF SELLING, LEASING
   14  OR TRANSFERRING FIREARMS OR AMMUNITION; OR
   15    (C) THE SALE, LEASE OR TRANSFER OF FIREARMS OR AMMUNITION IN QUANTITY,
   16  IN SERIES, IN INDIVIDUAL TRANSACTIONS.
   17    5.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
   18  SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   19    S 826. DEALER PERMIT. NO PERSON SHALL ENGAGE IN THE BUSINESS OF  SELL-
   20  ING,  LEASING  OR  TRANSFERRING  FIREARMS OR AMMUNITION WITHOUT A DEALER
   21  PERMIT ISSUED PURSUANT TO THIS ARTICLE.
   22    S 827. APPLICATION FOR DEALER PERMIT. 1. A PERSON WHO IS  REQUIRED  TO
   23  OBTAIN A DEALER PERMIT PURSUANT TO THIS ARTICLE SHALL:
   24    (A) APPEAR IN PERSON AT A TIME AND PLACE DESIGNATED BY THE COMMISSION-
   25  ER;
   26    (B)  COMPLETE  AND  SUBMIT TO THE DIVISION AN APPLICATION, IN WRITING,
   27  SIGNED UNDER PENALTY OF PERJURY, ON A FORM PRESCRIBED BY THE COMMISSION-
   28  ER;
   29    (C) PROVIDE ALL INFORMATION REQUIRED BY THE COMMISSIONER, INCLUDING:
   30    (I) THE APPLICANT'S FULL NAME AND ANY OTHER NAME BY WHICH  THE  APPLI-
   31  CANT HAS EVER BEEN KNOWN;
   32    (II) THE HOME ADDRESS AND TELEPHONE NUMBER OF THE APPLICANT;
   33    (III)  THE  OCCUPATION, BUSINESS ADDRESS AND BUSINESS TELEPHONE NUMBER
   34  OF THE APPLICANT;
   35    (IV) THE LICENSE AND PERMIT NUMBERS OF ALL FEDERAL,  STATE  AND  LOCAL
   36  LICENSES  AND PERMITS HELD BY THE APPLICANT THAT AUTHORIZE THE APPLICANT
   37  TO SELL, LEASE OR TRANSFER FIREARMS OR AMMUNITION, IF ANY;
   38    (V) SUCH INFORMATION AS MAY BE REQUIRED BY THE  COMMISSIONER  RELATING
   39  TO  EVERY  OTHER LICENSE OR PERMIT TO SELL, LEASE, TRANSFER, PURCHASE OR
   40  POSSESS FIREARMS AND AMMUNITION WHICH IS HELD BY OR WAS  SOUGHT  BY  THE
   41  APPLICANT FROM THE FEDERAL, OR ANY STATE OR LOCAL GOVERNMENT, INCLUDING,
   42  BUT  NOT  LIMITED  TO, THE TYPE OF LICENSE OR PERMIT HELD OR SOUGHT, THE
   43  DATE OF EACH APPLICATION AND WHETHER IT RESULTED IN THE ISSUANCE OF  THE
   44  LICENSE  OR  PERMIT, AND THE DATE AND CIRCUMSTANCES OF ANY REVOCATION OR
   45  SUSPENSION;
   46    (VI) THE ADDRESS OF THE LOCATION FOR WHICH THE PERMIT  IS  SOUGHT,  IF
   47  DIFFERENT THAN THE APPLICANT'S BUSINESS ADDRESS;
   48    (VII)  THE  BUSINESS  NAME,  AND  THE NAME OF ANY PERSON, CORPORATION,
   49  PARTNERSHIP, LIMITED LIABILITY COMPANY OR  OTHER  ENTITY  THAT  HAS  ANY
   50  OWNERSHIP IN OR CONTROL OVER THE BUSINESS;
   51    (VIII) THE NAMES, DATES OF BIRTH AND ADDRESSES OF ALL PERSONS WHO WILL
   52  HAVE ACCESS TO OR CONTROL OF WORKPLACE FIREARMS OR AMMUNITION, INCLUDING
   53  BUT  NOT  LIMITED TO, THE APPLICANT'S EMPLOYEES, AGENTS AND SUPERVISORS,
   54  IF ANY;
   55    (IX) PROOF OF A POSSESSORY INTEREST IN THE PROPERTY AT WHICH THE BUSI-
   56  NESS IS OR WILL BE CONDUCTED, AS OWNER, LESSEE OR OTHER LEGAL  OCCUPANT,
       S. 574                              3
    1  AND,  IF  THE  APPLICANT IS NOT THE OWNER OF RECORD OF THE REAL PROPERTY
    2  UPON WHICH  THE  APPLICANT'S  BUSINESS  IS  OR  IS  TO  BE  LOCATED  AND
    3  CONDUCTED, THE WRITTEN CONSENT OF THE OWNER OF RECORD OF SUCH REAL PROP-
    4  ERTY TO THE APPLICANT'S BUSINESS;
    5    (X)  A  FLOOR  PLAN  OF THE BUSINESS WHICH ILLUSTRATES THE APPLICANT'S
    6  COMPLIANCE WITH SECURITY REQUIREMENTS OF THIS ARTICLE;
    7    (XI) PROOF OF COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND  LOCAL
    8  LICENSING, ZONING, LAND USE AND OTHER BUSINESS LAWS;
    9    (XII)  CERTIFICATION  OF SATISFACTION OF THE INSURANCE REQUIREMENTS OF
   10  THIS ARTICLE; AND
   11    (XIII) THE DATES, LOCATIONS AND NATURE OF ALL CRIMINAL CONVICTIONS  OF
   12  THE APPLICANT, IF ANY, IN ANY JURISDICTION IN THE UNITED STATES.
   13    2.  THE DIVISION MAY IMPOSE A FEE FOR THE SUBMISSION OF AN APPLICATION
   14  PURSUANT TO THIS SECTION.
   15    S 828. INVESTIGATION BY DIVISION. 1. THE  DIVISION  SHALL  CONDUCT  AN
   16  INVESTIGATION  OF THE APPLICANT TO DETERMINE WHETHER A DEALER PERMIT MAY
   17  BE ISSUED OR RENEWED. THE DIVISION SHALL REQUIRE: (A) THE APPLICANT; AND
   18  (B) ALL PERSONS WHO WILL HAVE ACCESS TO OR CONTROL OF WORKPLACE FIREARMS
   19  OR AMMUNITION, INCLUDING BUT NOT LIMITED TO THE  APPLICANT'S  EMPLOYEES,
   20  AGENTS  AND/OR  SUPERVISORS,  IF  ANY, TO PROVIDE FINGERPRINTS, A RECENT
   21  PHOTOGRAPH, A SIGNED AUTHORIZATION FOR THE RELEASE OF PERTINENT RECORDS,
   22  AND ANY ADDITIONAL INFORMATION WHICH THE COMMISSIONER DEEMS NECESSARY TO
   23  COMPLETE THE INVESTIGATION.
   24    2. PRIOR TO ISSUANCE OR RENEWAL OF A DEALER PERMIT, THE DIVISION SHALL
   25  INSPECT THE PREMISES OF THE APPLICANT BUSINESS TO ENSURE COMPLIANCE WITH
   26  THIS ARTICLE.
   27    3. THE DIVISION MAY GRANT OR RENEW A DEALER PERMIT IF THE APPLICANT IS
   28  IN COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE AND ALL OTHER APPLICA-
   29  BLE FEDERAL, STATE AND LOCAL LAWS.
   30    S 829. GROUNDS FOR DENIAL OF PERMIT. 1. THE  DIVISION  SHALL  DENY  AN
   31  APPLICATION FOR THE ISSUANCE OR RENEWAL OF A DEALER PERMIT IF THE OPERA-
   32  TION  OF  THE  BUSINESS WOULD NOT OR DOES NOT COMPLY WITH FEDERAL, STATE
   33  AND LOCAL LAWS, OR IF THE APPLICANT:
   34    (A) IS UNDER TWENTY-ONE YEARS OF AGE;
   35    (B) IS NOT LICENSED AS REQUIRED BY ALL APPLICABLE FEDERAL,  STATE  AND
   36  LOCAL LAWS;
   37    (C)  HAS  MADE  A  FALSE OR MISLEADING STATEMENT OF A MATERIAL FACT OR
   38  OMISSION OF A MATERIAL FACT IN THE APPLICATION FOR SUCH  PERMIT,  OR  IN
   39  ANY  OTHER DOCUMENTS SUBMITTED TO THE DIVISION. IF A PERMIT IS DENIED ON
   40  THIS GROUND, THE APPLICANT IS PROHIBITED FROM REAPPLYING  FOR  A  PERMIT
   41  FOR A PERIOD OF FIVE YEARS;
   42    (D)  HAS HAD A LICENSE OR PERMIT TO SELL, LEASE, TRANSFER, PURCHASE OR
   43  POSSESS FIREARMS OR AMMUNITION FROM THE FEDERAL OR ANY  STATE  OR  LOCAL
   44  GOVERNMENT  REVOKED,  SUSPENDED  OR  DENIED  FOR  GOOD  CAUSE WITHIN THE
   45  PRECEDING FIVE YEARS;
   46    (E) IS PROHIBITED BY ANY FEDERAL, STATE OR LOCAL LAW  FROM  PURCHASING
   47  OR POSSESSING FIREARMS OR AMMUNITION, OR HAS BEEN CONVICTED OF:
   48    (I)  A CRIME RELATING TO THE MANUFACTURE, SALE, POSSESSION OR USE OF A
   49  FIREARM, RIFLE, SHOTGUN, DANGEROUS DEADLY WEAPON OR AMMUNITION;
   50    (II) A CRIME INVOLVING THE USE OF FORCE OR VIOLENCE UPON THE PERSON OF
   51  ANOTHER;
   52    (III) A CRIME INVOLVING THEFT, FRAUD, DISHONESTY OR DECEIT; OR
   53    (IV) A  CRIME  INVOLVING  THE  SALE  OR  POSSESSION  OF  A  CONTROLLED
   54  SUBSTANCE; OR
   55    (F)  IS  CURRENTLY  OR  HAS  BEEN  WITHIN THE PRECEDING FIVE YEARS, AN
   56  UNLAWFUL USER OF OR ADDICTED TO A CONTROLLED SUBSTANCE.
       S. 574                              4
    1    2. THE EMPLOYEES, AGENTS AND SUPERVISORS OF  AN  APPLICANT  SHALL  NOT
    2  HAVE  ACCESS  TO  OR CONTROL OVER WORKPLACE FIREARMS OR AMMUNITION UNTIL
    3  THE DIVISION HAS CONDUCTED AN INVESTIGATION PURSUANT  TO  SECTION  EIGHT
    4  HUNDRED  TWENTY-EIGHT  OF  THIS  ARTICLE,  AND VERIFIED THAT NONE OF THE
    5  CONDITIONS  LISTED  IN SUBDIVISION ONE OF THIS SECTION EXIST, AS APPLIED
    6  TO THOSE EMPLOYEES, AGENTS OR SUPERVISORS. A NEW LAW ENFORCEMENT  INVES-
    7  TIGATION  AND  BACKGROUND VERIFICATION OF SUCH PERSONS MUST BE CONDUCTED
    8  EACH TIME THE APPLICANT RENEWS HIS OR HER PERMIT, OR APPLIES FOR  A  NEW
    9  PERMIT.
   10    S 830. ISSUANCE OF DEALER PERMIT. A DEALER PERMIT SHALL BE VALID FOR A
   11  PERIOD  OF  THREE  YEARS  FROM THE DATE OF ITS ISSUANCE. A PERMIT MAY BE
   12  RENEWED PRIOR TO ITS EXPIRATION IF THE PERMITTEE SUBMITS A TIMELY APPLI-
   13  CATION FOR RENEWAL, ACCOMPANIED BY A NONREFUNDABLE  RENEWAL  FEE  ESTAB-
   14  LISHED BY THE COMMISSIONER. RENEWAL OF A PERMIT SHALL BE CONTINGENT UPON
   15  THE PERMITTEE'S COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE ORIGINAL
   16  APPLICATION AND PERMIT AND ANY ADDITIONAL CONDITIONS ARISING PURSUANT TO
   17  LAW. ANY POLICE OFFICER MAY INSPECT THE BUSINESS PREMISES FOR COMPLIANCE
   18  WITH  THE PROVISIONS OF THIS ARTICLE PRIOR TO RENEWAL OF THE PERMIT. THE
   19  RENEWAL APPLICATION AND THE RENEWAL FEE MUST BE RECEIVED BY THE DIVISION
   20  NO LATER THAN FORTY-FIVE DAYS  BEFORE  THE  EXPIRATION  OF  THE  CURRENT
   21  PERMIT.
   22    S  831.  REVOCATION.  THE DIVISION MAY REVOKE THE DEALER PERMIT OF ANY
   23  PERMITTEE FOUND TO BE IN VIOLATION OF ANY PROVISION OF THIS ARTICLE,  OR
   24  ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW.
   25    S 832. REPORT OF REVOCATION. IN ADDITION TO ANY OTHER PENALTY OR REME-
   26  DY, THE DIVISION SHALL REPORT THE REVOCATION OF ANY DEALER PERMIT TO THE
   27  BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.
   28    S  833.  DISPLAY  OF  DEALER  PERMIT. THE DEALER PERMIT OF A PERMITTED
   29  BUSINESS SHALL BE CONSPICUOUSLY DISPLAYED  UPON  THE  PREMISES  OF  SUCH
   30  BUSINESS IN A LOCATION VISIBLE TO THE PUBLIC.
   31    S  834.  INSPECTION.  PERMITTED  PLACES  OF BUSINESS SHALL BE OPEN FOR
   32  INSPECTION BY ANY POLICE OFFICER DURING  ALL  HOURS  OF  OPERATION.  THE
   33  DIVISION  SHALL CONDUCT AN INSPECTION OF THE BUSINESS IN CONNECTION WITH
   34  THE INITIAL ISSUANCE OF A PERMIT, AND THEREAFTER CONDUCT  AN  INSPECTION
   35  IN CONNECTION WITH EACH RENEWAL OF THE PERMIT. PERMITTEES SHALL MAINTAIN
   36  ALL  RECORDS,  DOCUMENTS,  FIREARMS AND AMMUNITION IN A MANNER AND PLACE
   37  ACCESSIBLE FOR INSPECTION BY LAW ENFORCEMENT OFFICERS.
   38    S 835. SECURITY. 1. ALL FIREARMS AND AMMUNITION IN THE INVENTORY OF  A
   39  PERMITTEE SHALL BE KEPT AT THE PERMITTED BUSINESS LOCATION.
   40    2.  IF  THE  BUSINESS  LOCATION IS TO BE USED AT LEAST IN PART FOR THE
   41  SALE OF FIREARMS, ALL PERIMETER DOORWAYS, WINDOWS, AND  HEATING,  VENTI-
   42  LATING,  AIR-CONDITIONING  AND  SERVICE  OPENINGS  SHALL BE SECURED IN A
   43  MANNER PRESCRIBED BY THE COMMISSIONER.
   44    3. ANY TIME A PERMITTED BUSINESS LOCATION IS NOT OPEN TO  THE  PUBLIC,
   45  EVERY FIREARM SHALL BE STORED IN ONE OF THE FOLLOWING WAYS:
   46    (A)  IN  A  LOCKED FIREPROOF SAFE OR VAULT IN THE PERMITTEE'S BUSINESS
   47  PREMISES  THAT  MEETS  UNDERWRITERS  LABORATORIES  RESIDENTIAL  SECURITY
   48  CONTAINER  RATING STANDARDS BY A NATIONALLY RECOGNIZED TESTING LABORATO-
   49  RY; OR
   50    (B) SECURED WITH A HARDENED STEEL ROD OR CABLE OF AT LEAST  ONE-FOURTH
   51  INCH IN DIAMETER THROUGH THE TRIGGER GUARD OF THE FIREARM.  NO MORE THAN
   52  FIVE FIREARMS MAY BE AFFIXED TO ANY ONE ROD OR CABLE AT ANY TIME.
   53    4.  ANY  TIME A PERMITTED BUSINESS LOCATION IS OPEN TO THE PUBLIC, ALL
   54  FIREARMS SHALL BE KEPT UNLOADED AND ALL FIREARMS AND AMMUNITION SHALL BE
   55  KEPT IN AN AREA OF THE PERMITTED BUSINESS INACCESSIBLE  TO  THE  PUBLIC,
       S. 574                              5
    1  EXCEPT  WHEN  IN  THE  IMMEDIATE PRESENCE OF AND UNDER THE DIRECT SUPER-
    2  VISION OF THE PERMITTEE OR HIS OR HER EMPLOYEES.
    3    5.  THE  PERMITTED  BUSINESS  LOCATIONS  SHALL  BE SECURED BY AN ALARM
    4  SYSTEM THAT IS INSTALLED AND MAINTAINED BY  AN  ALARM  COMPANY  OPERATOR
    5  PROPERLY LICENSED PURSUANT TO LAW. THE ALARM SYSTEM MUST BE MONITORED BY
    6  A CENTRAL STATION LISTED BY UNDERWRITERS LABORATORIES, INC., AND COVERED
    7  BY  AN  ACTIVE  UNDERWRITERS LABORATORIES, INC. ALARM SYSTEM CERTIFICATE
    8  WITH A #3 EXTENT OF PROTECTION.
    9    6. EACH PERMITTED BUSINESS LOCATION SHALL BE  EQUIPPED  WITH  A  VIDEO
   10  SURVEILLANCE  SYSTEM  SUFFICIENT  TO  MONITOR  THE CRITICAL AREAS OF THE
   11  BUSINESS PREMISES INCLUDING,  BUT  NOT  LIMITED  TO,  ALL  PLACES  WHERE
   12  FIREARMS  OR  AMMUNITION  ARE  STORED,  HANDLED,  SOLD,  TRANSFERRED  OR
   13  CARRIED. THE VIDEO SURVEILLANCE SYSTEM SHALL OPERATE CONTINUOUSLY, WITH-
   14  OUT INTERRUPTION, WHENEVER THE PERMITTED BUSINESS LOCATION  IS  OPEN  TO
   15  THE  PUBLIC. WHENEVER THE PERMITTED BUSINESS LOCATION IS NOT OPEN TO THE
   16  PUBLIC, THE SYSTEM SHALL BE TRIGGERED BY A  MOTION  DETECTOR  AND  BEGIN
   17  RECORDING  IMMEDIATELY UPON DETECTION OF ANY MOTION WITHIN THE MONITORED
   18  AREA. IN ADDITION, THE SALE OR TRANSFER OF A FIREARM OR AMMUNITION SHALL
   19  BE RECORDED BY THE VIDEO SURVEILLANCE SYSTEM IN  SUCH  A  WAY  THAT  THE
   20  FACIAL  FEATURES OF THE PURCHASER OR TRANSFEREE ARE CLEARLY VISIBLE. THE
   21  STORED IMAGES SHALL BE MAINTAINED AT THE PERMITTED BUSINESS LOCATION FOR
   22  A PERIOD NOT LESS THAN ONE YEAR FROM THE DATE OF RECORDATION, AND  SHALL
   23  BE  MADE  AVAILABLE FOR INSPECTION BY A POLICE OFFICER UPON REQUEST. THE
   24  PERMITTEE SHALL POST A SIGN IN A CONSPICUOUS PLACE AT EACH  ENTRANCE  TO
   25  THE  PREMISES  THAT  STATES  IN  BLOCK LETTERS NOT LESS THAN ONE INCH IN
   26  HEIGHT: "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY  BE
   27  RECORDED."
   28    S 836. INSURANCE. 1. IF A BUSINESS LOCATION IS TO BE USED FOR THE SALE
   29  OF FIREARMS, NO DEALER PERMIT SHALL BE ISSUED OR RENEWED UNLESS THERE IS
   30  IN  EFFECT A POLICY OF INSURANCE IN A FORM APPROVED BY THE DEPARTMENT OF
   31  FINANCIAL SERVICES AND EXECUTED BY AN INSURANCE COMPANY APPROVED BY SUCH
   32  DEPARTMENT, INSURING THE APPLICANT AGAINST LIABILITY FOR DAMAGE TO PROP-
   33  ERTY AND FOR INJURY TO, OR DEATH OF, ANY  PERSON  AS  A  RESULT  OF  THE
   34  THEFT,  SALE,  LEASE OR TRANSFER OR OFFERING FOR SALE, LEASE OR TRANSFER
   35  OF A FIREARM OR AMMUNITION, OR ANY OTHER  OPERATIONS  OF  THE  BUSINESS.
   36  THE  LIMITS  OF LIABILITY SHALL NOT BE LESS THAN ONE MILLION DOLLARS FOR
   37  EACH INCIDENT OF DAMAGE TO PROPERTY OR INCIDENT OF INJURY OR DEATH TO  A
   38  PERSON;  PROVIDED,  HOWEVER,  THAT  INCREASED LIMITS OF LIABILITY MAY BE
   39  REQUIRED BY THE DIVISION IF DEEMED NECESSARY.
   40    2. THE POLICY OF INSURANCE SHALL CONTAIN AN ENDORSEMENT PROVIDING THAT
   41  THE POLICY SHALL NOT BE CANCELLED UNTIL WRITTEN NOTICE HAS BEEN GIVEN TO
   42  THE DIVISION AT LEAST THIRTY DAYS PRIOR TO  THE  TIME  THE  CANCELLATION
   43  BECOMES EFFECTIVE.
   44    3.  UPON  EXPIRATION  OF THE POLICY OF INSURANCE, AND IF NO ADDITIONAL
   45  INSURANCE IS OBTAINED, THE DEALER PERMIT  SHALL  BE  CONSIDERED  REVOKED
   46  WITHOUT FURTHER NOTICE.
   47    S  837.  LOCATION  OF  BUSINESS.  1.  THE  PERMITTED BUSINESS SHALL BE
   48  CARRIED ON ONLY IN THE BUILDING LOCATED AT THE STREET ADDRESS  SHOWN  ON
   49  THE  PERMIT.  THIS  REQUIREMENT  SHALL  NOT  PROHIBIT THE PERMITTEE FROM
   50  PARTICIPATING IN A GUN SHOW OR EVENT AS DEFINED UNDER FEDERAL  LAW  THAT
   51  IS  AUTHORIZED BY FEDERAL, STATE OR LOCAL LAW UPON COMPLIANCE WITH THOSE
   52  LAWS.
   53    2. THE PERMITTED  BUSINESS  PREMISES  SHALL  NOT  BE  LOCATED  IN  ANY
   54  DISTRICT  OR  AREA  THAT IS ZONED FOR RESIDENTIAL USE, OR WITHIN FIFTEEN
   55  HUNDRED FEET OF ANY SCHOOL, PRE-SCHOOL, DAY-CARE FACILITY, PARK,  COMMU-
   56  NITY  CENTER,  PLACE  OF WORSHIP, LIQUOR STORE, BAR, YOUTH CENTER, VIDEO
       S. 574                              6
    1  ARCADE, AMUSEMENT PARK (NOT INCLUDING A TEMPORARY  CARNIVAL  OR  SIMILAR
    2  EVENT), OR RESIDENTIALLY ZONED DISTRICT OR AREA.
    3    S  838. PUBLIC WARNING. EACH PERMITTEE SHALL POST CONSPICUOUSLY WITHIN
    4  THE PERMITTED PREMISES THE FOLLOWING WARNING IN BLOCK LETTERS  NOT  LESS
    5  THAN  ONE  INCH  IN  HEIGHT:  "CHILDREN ARE ATTRACTED TO AND CAN OPERATE
    6  FIREARMS THAT MAY CAUSE SEVERE INJURIES OR DEATH. PREVENT  CHILD  ACCESS
    7  BY  ALWAYS  KEEPING  GUNS LOCKED AWAY AND UNLOADED WHEN NOT IN USE, WITH
    8  AMMUNITION STORED SEPARATELY."
    9    S 839. DUTIES UPON SALE, LEASE OR TRANSFER. 1. NO PERMITTEE OR  AGENT,
   10  EMPLOYEE  OR  OTHER  PERSON ACTING UNDER THE PERMITTEE'S AUTHORITY SHALL
   11  SELL, TRANSFER, LEASE  OR  LOAN  ANY  FIREARM  OR  AMMUNITION  FROM  THE
   12  PERMITTEE'S  INVENTORY UNTIL HE OR SHE HAS VIEWED THE TRANSFEREE'S DRIV-
   13  ER'S  LICENSE  OR  OTHER  GOVERNMENT-ISSUED  IDENTIFICATION  CARD   THAT
   14  CONTAINS THE TRANSFEREE'S SIGNATURE, PHOTOGRAPH AND AGE.
   15    2.  NO  PERMITTEE  OR AGENT, EMPLOYEE OR OTHER PERSON ACTING UNDER THE
   16  PERMITTEE'S AUTHORITY SHALL SELL, TRANSFER, LEASE OR LOAN ANY FIREARM OR
   17  AMMUNITION TO ANY PERSON THE  PERMITTEE  OR  AGENT,  EMPLOYEE  OR  OTHER
   18  PERSON  ACTING  UNDER  THE PERMITTEE'S AUTHORITY KNOWS OR HAS REASONABLE
   19  CAUSE TO BELIEVE IS PROHIBITED BY  FEDERAL,  STATE  OR  LOCAL  LAW  FROM
   20  PURCHASING OR POSSESSING THE FIREARM OR AMMUNITION.
   21    S 840. SALES RECORDS AND REPORTING. 1. NO PERMITTEE OR AGENT, EMPLOYEE
   22  OR  OTHER  PERSON  ACTING  UNDER  THE  PERMITTEE'S AUTHORITY SHALL SELL,
   23  TRANSFER, LEASE OR LOAN ANY FIREARM OR AMMUNITION FROM  THE  PERMITTEE'S
   24  INVENTORY  WITHOUT  RECORDING  THE  FOLLOWING  INFORMATION IN WRITTEN OR
   25  ELECTRONIC FORM TO BE PROVIDED BY THE DIVISION:
   26    (A) THE DATE OF THE TRANSACTION;
   27    (B) THE NAME, ADDRESS, TELEPHONE NUMBER  AND  DATE  OF  BIRTH  OF  THE
   28  TRANSFEREE;
   29    (C)  THE  NUMBER OF THE TRANSFEREE'S CURRENT DRIVER'S LICENSE OR OTHER
   30  GOVERNMENT-ISSUED IDENTIFICATION CARD CONTAINING  A  PHOTOGRAPH  OF  THE
   31  TRANSFEREE AND THE NAME OF THE GOVERNMENTAL AUTHORITY THAT ISSUED IT;
   32    (D)  THE  MAKE, MODEL, CALIBER AND SERIAL NUMBER OF ANY FIREARM TRANS-
   33  FERRED, AND THE BRAND, TYPE, CALIBER OR GAUGE, AND QUANTITY OF ANY AMMU-
   34  NITION TRANSFERRED;
   35    (E) THE TRANSFEREE'S SIGNATURE; AND
   36    (F) THE NAME OF THE PERMITTEE'S AGENT OR EMPLOYEE  WHO  PROCESSED  THE
   37  TRANSACTION.
   38    2.  THE PERMITTEE AND ANY AGENT, EMPLOYEE OR OTHER PERSON ACTING UNDER
   39  THE PERMITTEE'S AUTHORITY SHALL ALSO, AT THE TIME OF PURCHASE OR  TRANS-
   40  FER, OBTAIN THE RIGHT THUMBPRINT OF THE TRANSFEREE ON THE FORM DESCRIBED
   41  IN SUBDIVISION ONE OF THIS SECTION.
   42    3.  WITHIN  TWENTY-FOUR  HOURS  OF  A  TRANSFER,  THE PERMITTEE OR ANY
   43  AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
   44  TY SHALL ELECTRONICALLY TRANSMIT TO THE DIVISION ALL  SUCH  INFORMATION.
   45  THE  ELECTRONIC  TRANSMITTAL  SHALL  BE  BY  A  METHOD, AND IN A FORMAT,
   46  APPROVED BY THE DIVISION. THE DIVISION SHALL MAINTAIN SUCH  RECORDS  FOR
   47  AT LEAST TEN YEARS.
   48    4.  THE RECORDS CREATED IN ACCORDANCE WITH THIS SECTION MUST BE PERMA-
   49  NENTLY MAINTAINED ON THE BUSINESS PREMISES OF THE PERMITTEE AND SHALL BE
   50  MADE AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER UPON REQUEST.
   51    S 841. FIREARMS ACQUISITION RECORDS AND REPORTING. 1. THE PERMITTEE OR
   52  AN AGENT, EMPLOYEE OR OTHER PERSON ACTING UNDER THE PERMITTEE'S AUTHORI-
   53  TY SHALL  RECORD  THE  FOLLOWING  INFORMATION  REGARDING  EVERY  FIREARM
   54  RECEIVED  OR  ACQUIRED  FOR  THE  PERMITTEE'S  INVENTORY ON A FORM TO BE
   55  ESTABLISHED BY THE DIVISION:
   56    (A) THE NAME OF THE PERMITTEE;
       S. 574                              7
    1    (B) THE PARTICULAR MAKE, MODEL, CALIBER  AND  SERIAL  NUMBER  OF  EACH
    2  FIREARM RECEIVED OR ACQUIRED;
    3    (C) THE DATE EACH FIREARM WAS RECEIVED OR ACQUIRED; AND
    4    (D)  THE  NAME,  ADDRESS  AND TELEPHONE NUMBER OF THE PERSON FROM WHOM
    5  EACH FIREARM WAS RECEIVED OR ACQUIRED.
    6    2. WITHIN TWENTY-FOUR HOURS OF  THE  RECEIPT  OR  ACQUISITION  OF  ANY
    7  FIREARM, THE PERMITTEE AND ANY AGENTS, EMPLOYEES OR OTHER PERSONS ACTING
    8  UNDER  THE  PERMITTEE'S  AUTHORITY  SHALL ELECTRONICALLY TRANSMIT TO THE
    9  DIVISION ALL OF THE INFORMATION REQUIRED BY THIS SECTION. THE ELECTRONIC
   10  TRANSMITTAL SHALL BE BY A METHOD, AND IN A FORMAT,  ESTABLISHED  BY  THE
   11  DIVISION.  THE  DIVISION  SHALL  MAINTAIN THESE RECORDS FOR AT LEAST TEN
   12  YEARS.
   13    3. THE RECORDS CREATED IN ACCORDANCE WITH THIS SECTION MUST BE  PERMA-
   14  NENTLY MAINTAINED ON THE BUSINESS PREMISES OF THE PERMITTEE AND SHALL BE
   15  MADE AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER UPON REQUEST.
   16    S 842. INVENTORY REPORTS. WITHIN THE FIRST FIVE BUSINESS DAYS OF APRIL
   17  AND OCTOBER OF EACH CALENDAR YEAR, EACH PERMITTEE SHALL CAUSE A PHYSICAL
   18  INVENTORY  TO  BE  TAKEN THAT INCLUDES A LISTING OF EACH FIREARM HELD BY
   19  THE PERMITTEE BY MAKE, MODEL, CALIBER AND SERIAL NUMBER, TOGETHER WITH A
   20  LISTING OF EACH FIREARM THE PERMITTEE HAS SOLD SINCE THE LAST  INVENTORY
   21  PERIOD.  IN  ADDITION,  THE  INVENTORY  SHALL  INCLUDE A LISTING OF EACH
   22  FIREARM LOST OR STOLEN SINCE THE LAST INVENTORY PERIOD. IMMEDIATELY UPON
   23  COMPLETION OF THE INVENTORY, THE PERMITTEE SHALL FORWARD A COPY  OF  THE
   24  INVENTORY  TO  THE  ADDRESS  SPECIFIED BY THE DIVISION, BY SUCH MEANS AS
   25  SPECIFIED BY THE DIVISION. THE DIVISION SHALL MAINTAIN  A  COPY  OF  THE
   26  INVENTORY  FOR  AT LEAST TEN YEARS. WITH EACH COPY OF THE INVENTORY, THE
   27  PERMITTEE SHALL INCLUDE AN AFFIDAVIT SIGNED BY AN  AUTHORIZED  AGENT  OR
   28  EMPLOYEE  ON  BEHALF  OF  THE PERMITTEE UNDER PENALTY OF PERJURY STATING
   29  THAT WITHIN THE FIRST FIVE BUSINESS DAYS OF THAT APRIL  OR  OCTOBER,  AS
   30  THE  CASE  MAY  BE,  THE SIGNER PERSONALLY CONFIRMED THE PRESENCE OF THE
   31  FIREARMS REPORTED ON THE INVENTORY. THE PERMITTEE SHALL MAINTAIN A  COPY
   32  OF  THE INVENTORY ON THE PREMISES FOR WHICH THE DEALER PERMIT WAS ISSUED
   33  FOR A PERIOD OF NOT LESS THAN FIVE YEARS FROM THE DATE OF THE  INVENTORY
   34  AND  SHALL  MAKE THE COPY AVAILABLE FOR INSPECTION BY ANY POLICE OFFICER
   35  UPON REQUEST.
   36    S 843. LOST OR STOLEN AMMUNITION REPORTING. A PERMITTEE  SHALL  REPORT
   37  TO THE DIVISION THE LOSS OR THEFT OF ANY QUANTITY OF AMMUNITION FROM THE
   38  PERMITTED  PREMISES  WITHIN  FORTY-EIGHT  HOURS AFTER HE OR SHE KNOWS OR
   39  REASONABLY SHOULD HAVE KNOWN OF SUCH LOSS OR THEFT.
   40    S 844. RESTRICTED ADMITTANCE. 1. WHERE FIREARM SALES ACTIVITY  IS  THE
   41  PRIMARY  BUSINESS  PERFORMED  AT  THE  PERMITTED  BUSINESS  LOCATION, NO
   42  PERMITTEE OR ANY OF HIS OR HER AGENTS, EMPLOYEES OR OTHER PERSONS ACTING
   43  UNDER THE PERMITTEE'S AUTHORITY SHALL ALLOW ANY PERSON UNDER THE AGE  OF
   44  TWENTY-ONE  YEARS TO ENTER INTO OR REMAIN ON THE PREMISES, UNLESS ACCOM-
   45  PANIED BY HIS OR HER  PARENT  OR  LEGAL  GUARDIAN,  PROVIDED  THAT  THIS
   46  PROVISION  SHALL NOT PREVENT A SUPERVISORY AGENT OR EMPLOYEE WHO HAS THE
   47  RIGHT TO CONTROL ACTIVITIES AT THE  BUSINESS  PREMISES  FROM  KEEPING  A
   48  SINGLE  HANDGUN  ON THE BUSINESS PREMISES FOR PURPOSE OF LAWFUL SELF-DE-
   49  FENSE.
   50    2. WHERE FIREARM SALES ACTIVITY IS THE PRIMARY BUSINESS  PERFORMED  AT
   51  THE  PERMITTED  BUSINESS  LOCATION,  THE PERMITTEE AND ANY OF HIS OR HER
   52  AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
   53  TY SHALL BE RESPONSIBLE FOR REQUIRING CLEAR EVIDENCE OF AGE AND IDENTITY
   54  OF PERSONS TO PREVENT THE ENTRY OF PERSONS NOT PERMITTED  TO  ENTER  THE
   55  PREMISES  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION BY REASON OF AGE.
   56  CLEAR EVIDENCE OF AGE AND IDENTITY SHALL BE A CURRENT  DRIVER'S  LICENSE
       S. 574                              8
    1  OR  OTHER  GOVERNMENT-ISSUED IDENTIFICATION CARD CONTAINING THE BEARER'S
    2  SIGNATURE, PHOTOGRAPH AND DATE OF BIRTH.
    3    3.  EACH  PERMITTEE  SHALL  POST THE FOLLOWING NOTICE CONSPICUOUSLY AT
    4  EACH ENTRANCE TO THE PERMITTED BUSINESS LOCATION IN  BLOCK  LETTERS  NOT
    5  LESS  THAN  ONE INCH IN HEIGHT, "FIREARMS ARE KEPT, DISPLAYED OR OFFERED
    6  FOR SALE ON THE PREMISES, AND PERSONS UNDER THE AGE OF 21  ARE  EXCLUDED
    7  UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN."
    8    4.  WHERE  FIREARM SALES ACTIVITY IS THE PRIMARY BUSINESS PERFORMED AT
    9  THE PERMITTED BUSINESS LOCATION, NO PERMITTEE  OR  ANY  OF  HIS  OR  HER
   10  AGENTS, EMPLOYEES OR OTHER PERSONS ACTING UNDER THE PERMITTEE'S AUTHORI-
   11  TY  SHALL  ALLOW  ANY PERSON TO ENTER INTO OR REMAIN ON THE PREMISES WHO
   12  THE PERMITTEE OR ANY OF HIS OR HER AGENTS, EMPLOYEES  OR  OTHER  PERSONS
   13  ACTING  UNDER  THE  PERMITTEE'S AUTHORITY KNOWS OR HAS REASON TO KNOW IS
   14  PROHIBITED FROM POSSESSION OR PURCHASING FIREARMS, RIFLES,  SHOTGUNS  OR
   15  AMMUNITION PURSUANT TO FEDERAL, STATE OR LOCAL LAW.
   16    S  845.  CRIMINAL  PENALTY.  ANY  VIOLATION OF THIS ARTICLE SHALL BE A
   17  CLASS A MISDEMEANOR.
   18    S 2. This act shall take effect on the first of January next  succeed-
   19  ing  the  date  on  which it shall have become a law; provided, however,
   20  that the provisions of this act shall not apply to any person engaged in
   21  the business of selling, leasing or transferring firearms or  ammunition
   22  on  the  effective  date of this act, until the ninetieth day after such
   23  date.