S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          192
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of A. KAVANAGH, SCHIMEL -- read once and referred to
         the Committee on Codes
       AN ACT to amend  the  penal  law,  in  relation  to  requiring  licensed
         firearms  businesses  to  report  the  crime of criminal purchase of a
         weapon and requiring background checks  for  employees  who  would  be
         authorized to possess or transfer firearms
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 265.17 of the penal law, as added by chapter 189 of
    2  the laws of 2000, is amended to read as follows:
    3  S 265.17 Criminal purchase of a weapon.
    4    1. A person is guilty of criminal purchase of a weapon when:
    5    [1.] (A) Knowing that he or she is prohibited by law from possessing a
    6  firearm, rifle or shotgun because of a prior conviction  or  because  of
    7  some  other  disability  which  would  render  him  or her ineligible to
    8  lawfully possess a firearm, rifle or shotgun in this state, such  person
    9  attempts to purchase a firearm, rifle or shotgun from another person; or
   10    [2.]  (B)  Knowing  that  it  would  be unlawful for another person to
   11  possess a firearm, rifle or shotgun, he  or  she  purchases  a  firearm,
   12  rifle or shotgun for, on behalf of, or for the use of such other person.
   13    2.  A  GUNSMITH  OR DEALER IN FIREARMS SHALL REPORT WITHIN TWENTY-FOUR
   14  HOURS TO THE DIVISION OF STATE POLICE, OR IN THE CITY OF  NEW  YORK  THE
   15  POLICE  DEPARTMENT  OF  SUCH  CITY,  ANY  INSTANCE  IN  WHICH ANY PERSON
   16  ATTEMPTS TO PURCHASE A FIREARM, RIFLE OR SHOTGUN FROM SUCH  GUNSMITH  OR
   17  DEALER  IF  A  BACKGROUND  CHECK  SUCH  GUNSMITH  OR  DEALER CONDUCTS IN
   18  CONNECTION WITH SUCH ATTEMPTED PURCHASE, IN THE NATIONAL INSTANT  CRIMI-
   19  NAL  BACKGROUND  CHECK  SYSTEM  OR  ANY  SUCCESSOR  SYSTEM,  INDICATES A
   20  "DENIED" RESPONSE AS DEFINED IN 28 C.F.R. S 25.6. SUCH GUNSMITH OR DEAL-
   21  ER SHALL KEEP WITH THE OTHER RECORDS REQUIRED UNDER  SUBDIVISION  TWELVE
   22  OF  SECTION  400.00 OF THIS CHAPTER, A RECORD APPROVED AS TO FORM BY THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03538-01-3
       A. 192                              2
    1  SUPERINTENDENT OF STATE POLICE, OR IN THE  CITY  OF  NEW  YORK  BY  SUCH
    2  CITY'S  POLICE COMMISSIONER, OF HAVING MADE EACH REPORT REQUIRED BY THIS
    3  SUBDIVISION.
    4    Criminal purchase of a weapon is a class A misdemeanor.
    5    S 2. Section 400.00 of the penal law is amended by adding a new subdi-
    6  vision 12-b to read as follows:
    7    12-B.  EMPLOYEES  OF  A  GUNSMITH OR DEALER IN FIREARMS. (A) NO PERSON
    8  SHALL BE EMPLOYED BY A GUNSMITH OR DEALER IN FIREARMS  FOR  DUTIES  THAT
    9  INCLUDE  HANDLING,  SELLING, OR OTHERWISE DISPOSING OF FIREARMS, IF SUCH
   10  PERSON IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS UNDER FEDERAL
   11  LAW OR IF SUCH PERSON WOULD BE  INELIGIBLE  FOR  A  LICENSE  TO  POSSESS
   12  FIREARMS UNDER PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
   13    (B)  NO  GUNSMITH  OR  DEALER  IN FIREARMS SHALL EMPLOY A PERSON WHOSE
   14  DUTIES INCLUDE HANDLING, SELLING, OR OTHERWISE  DISPOSING  OF  FIREARMS,
   15  ABSENT  AN EXEMPTION PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION A
   16  OF SECTION 265.20 OF THIS CHAPTER, UNLESS: (I) SUCH PERSON IS TWENTY-ONE
   17  YEARS OF AGE OR OLDER OR IS A MEMBER OF THE UNITED STATES  ARMED  FORCES
   18  OR  HAS  BEEN HONORABLY DISCHARGED THEREFROM, AND SUCH EMPLOYEE HAS BEEN
   19  ISSUED A VALID EMPLOYMENT CERTIFICATE  FROM  THE  DIVISION  OF  CRIMINAL
   20  JUSTICE SERVICES; OR (II) SUCH PERSON HAS OBTAINED AND POSSESSES A VALID
   21  LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF
   22  THIS ARTICLE.
   23    (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
   24  APPLICANT'S  PROSPECTIVE  EMPLOYER  TO  THE DIVISION OF CRIMINAL JUSTICE
   25  SERVICES IN A FORM APPROVED BY SUCH DIVISION. APPLICATIONS MUST CONTAIN,
   26  AT A MINIMUM, THE INFORMATION REQUIRED TO CONDUCT A BACKGROUND CHECK  IN
   27  THE  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. ALL APPLICATIONS
   28  MUST BE SIGNED AND VERIFIED BY THE APPLICANT.
   29    (D) UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYMENT CERTIFICATE,  THE
   30  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL CONDUCT A BACKGROUND CHECK
   31  IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK  SYSTEM  TO  DETERMINE
   32  WHETHER THE APPLICANT IS QUALIFIED TO RECEIVE OR POSSESS A FIREARM UNDER
   33  STATE  AND  FEDERAL LAW. IF THE RESULTS OF THE BACKGROUND CHECK INDICATE
   34  THAT THERE IS NO INFORMATION THAT WOULD DISQUALIFY  THE  APPLICANT  FROM
   35  RECEIVING  OR POSSESSING A FIREARM UNDER STATE OR UNDER FEDERAL LAW, THE
   36  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DOCUMENT SUCH RESULT  ON  AN
   37  EMPLOYMENT  CERTIFICATE.  IF THE BACKGROUND CHECK RESULTS IN A "DELAYED"
   38  RESPONSE AS DESCRIBED IN 28 C.F.R. S  25.6,  THE  DIVISION  OF  CRIMINAL
   39  JUSTICE  SERVICES SHALL NOT CERTIFY THE APPLICANT FOR EMPLOYMENT PENDING
   40  RECEIPT OF A FOLLOW-UP "PROCEED"  RESPONSE  FROM  THE  NATIONAL  INSTANT
   41  CRIMINAL BACKGROUND CHECK SYSTEM.
   42    (E)  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO QUALIFY-
   43  ING EMPLOYEES AN EMPLOYMENT CERTIFICATE, WHICH SHALL  CERTIFY  THAT  THE
   44  HOLDER  OF  SUCH  CERTIFICATE  IS ELIGIBLE TO HANDLE, SELL, OR OTHERWISE
   45  DISPOSE OF FIREARMS OR WEAPONS ON BEHALF OF THE GUNSMITH  OR  DEALER  IN
   46  FIREARMS.  SUCH CERTIFICATE SHALL BECOME INVALID UPON THE TERMINATION OF
   47  THE EMPLOYEE'S EMPLOYMENT. SUCH CERTIFICATE SHALL  HAVE  THE  EFFECT  OF
   48  AUTHORIZING SUCH EMPLOYEE TO HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE
   49  FIREARMS  THAT  ARE  LAWFULLY  POSSESSED,  SOLD  OR  DISPOSED  OF BY THE
   50  GUNSMITH OR DEALER IN FIREARMS ONLY  WHILE  SUCH  EMPLOYEE  IS  ACTUALLY
   51  CONDUCTING  BUSINESS  ON  BEHALF  OF  THE GUNSMITH OR DEALER IN FIREARMS
   52  NOTWITHSTANDING THE FACT THAT SUCH WEAPONS  MAY  NOT  BE  THE  TYPE  THE
   53  EMPLOYEE  WOULD OTHERWISE BE LICENSED OR AUTHORIZED TO POSSESS UNDER NEW
   54  YORK LAW. WHEN AN  EMPLOYEE  IS  CONDUCTING  BUSINESS  ON  BEHALF  OF  A
   55  GUNSMITH  OR  DEALER IN FIREARMS AT ANY LOCATION OTHER THAN THE PREMISES
   56  WHERE SUCH EMPLOYEE WORKS,  THE  EMPLOYEE  SHALL  HAVE  IN  HIS  OR  HER
       A. 192                              3
    1  POSSESSION  A COPY OF HIS OR HER EMPLOYMENT CERTIFICATE OR VALID LICENSE
    2  ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION  400.01  OF  THIS
    3  ARTICLE  OR  DOCUMENTATION  OF  THE  EMPLOYEE'S EXEMPTION BASED ON PRIOR
    4  EMPLOYMENT.  COPIES OF SUCH CERTIFICATES OR LICENSES OR DOCUMENTATION OF
    5  EXEMPTION  SHALL  BE MAINTAINED BY THE GUNSMITH OR DEALER IN FIREARMS ON
    6  THE PREMISES WHERE SUCH  EMPLOYEE  WORKS.  ALL  CERTIFICATES,  LICENSES,
    7  DOCUMENTATION AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED
    8  UPON  REQUEST  BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO
    9  HIS OR HER SPECIAL DUTIES.
   10    (F) FOR THE PURPOSE OF THIS SUBDIVISION, THE TERM HANDLING  SHALL  NOT
   11  INCLUDE  MOVING OR CARRYING, IN THE NORMAL COURSE OF BUSINESS, A SECURED
   12  CRATE OR CONTAINER  THAT  CONTAINS  A  FIREARM  OR  FIREARMS,  FROM  ONE
   13  LOCATION  TO  ANOTHER  WITHIN  THE  PREMISES  OF A GUNSMITH OR DEALER IN
   14  FIREARMS.
   15    (G) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
   16  VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
   17  FIREARMS.
   18    S 3. This act shall take effect on the one hundred eightieth day after
   19  it shall have become a law, except that the division of criminal justice
   20  services shall promulgate any rules or regulations or approve any  forms
   21  necessary  for  applications for employment certificates to be submitted
   22  to and approved by such division and for employment certificates  to  be
   23  issued  by  such division pursuant to subdivision 12-b of section 400.00
   24  of the penal law as added by section two of this act, and shall begin to
   25  issue such certificates to qualifying employees before the  one  hundred
   26  eightieth day after this act shall have become a law.