S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          53
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal  law,  in  relation  to  requiring  background
         checks for employees authorized to possess or transfer firearms in the
         course of a licensed firearms business
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 400.00 of the penal law is amended by adding a  new
    2  subdivision 12-b to read as follows:
    3    12-B. GUNSMITH OR DEALER IN FIREARMS EMPLOYEES. (A) NO PERSON SHALL BE
    4  EMPLOYED  BY  A  GUNSMITH  OR DEALER IN FIREARMS FOR DUTIES THAT INCLUDE
    5  HANDLING, SELLING, OR OTHERWISE DISPOSING OF FIREARMS, IF SUCH PERSON IS
    6  PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS UNDER FEDERAL LAW OR IF
    7  SUCH PERSON WOULD BE INELIGIBLE FOR A LICENSE TO POSSESS FIREARMS  UNDER
    8  PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
    9    (B)  NO  GUNSMITH  OR  DEALER  IN FIREARMS SHALL EMPLOY A PERSON WHOSE
   10  DUTIES INCLUDE HANDLING, SELLING, OR OTHERWISE  DISPOSING  OF  FIREARMS,
   11  ABSENT  AN EXEMPTION PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION A
   12  OF SECTION 265.20 OF THIS CHAPTER, UNLESS:
   13    (I) SUCH PERSON IS TWENTY-ONE YEARS OF AGE OR OLDER OR IS A MEMBER  OF
   14  THE  UNITED  STATES ARMED FORCES OR HAS BEEN HONORABLY DISCHARGED THERE-
   15  FROM, AND SUCH EMPLOYEE HAS BEEN ISSUED A VALID  EMPLOYMENT  CERTIFICATE
   16  FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES;
   17    (II)  SUCH  PERSON  HAS  OBTAINED AND POSSESSES A VALID LICENSE ISSUED
   18  UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS  ARTICLE;
   19  OR
   20    (III)  SUCH  PERSON WAS EMPLOYED BY THE GUNSMITH OR DEALER IN FIREARMS
   21  PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION AND  NO  MORE  THAN  SIX
   22  MONTHS HAVE ELAPSED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01083-01-3
       S. 53                               2
    1    (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
    2  APPLICANT'S  PROSPECTIVE  EMPLOYER  TO  THE DIVISION OF CRIMINAL JUSTICE
    3  SERVICES. BLANK APPLICATIONS MUST CONTAIN, AT A MINIMUM, THE INFORMATION
    4  REQUIRED TO CONDUCT A BACKGROUND CHECK IN THE NATIONAL INSTANT  CRIMINAL
    5  BACKGROUND CHECK SYSTEM. ALL APPLICATIONS MUST BE SIGNED AND VERIFIED BY
    6  THE APPLICANT.
    7    (D)  UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYMENT CERTIFICATE, THE
    8  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A  BACKGROUND  CHECK
    9  IN  THE  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO DETERMINE
   10  WHETHER THE APPLICANT IS QUALIFIED TO RECEIVE OR POSSESS A FIREARM UNDER
   11  STATE AND FEDERAL LAW. IF THE RESULTS OF THE BACKGROUND  CHECK  INDICATE
   12  THAT  THERE  IS  NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
   13  RECEIVING OR POSSESSING A FIREARM UNDER STATE OR UNDER FEDERAL LAW,  THE
   14  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL DOCUMENT SUCH RESULT ON AN
   15  EMPLOYMENT CERTIFICATE. IF THE BACKGROUND CHECK RESULTS IN  A  "DELAYED"
   16  RESPONSE  AS  DESCRIBED  IN  28  C.F.R. S 25.6, THE DIVISION OF CRIMINAL
   17  JUSTICE SERVICES SHALL NOT CERTIFY THE APPLICANT FOR EMPLOYMENT  PENDING
   18  RECEIPT  OF  A  FOLLOW-UP  "PROCEED"  RESPONSE FROM THE NATIONAL INSTANT
   19  CRIMINAL BACKGROUND CHECK SYSTEM.
   20    (E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO  QUALIFY-
   21  ING  EMPLOYEES  AN  EMPLOYMENT CERTIFICATE, WHICH SHALL CERTIFY THAT THE
   22  HOLDER OF SUCH CERTIFICATE IS ELIGIBLE TO  HANDLE,  SELL,  OR  OTHERWISE
   23  DISPOSE  OF  FIREARMS  OR WEAPONS ON BEHALF OF THE GUNSMITH OR DEALER IN
   24  FIREARMS.  SUCH CERTIFICATE SHALL BECOME INVALID UPON THE TERMINATION OF
   25  THE EMPLOYEE'S EMPLOYMENT. SUCH CERTIFICATE SHALL  HAVE  THE  EFFECT  OF
   26  AUTHORIZING SUCH EMPLOYEE TO HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE
   27  FIREARMS  THAT  ARE  LAWFULLY  POSSESSED,  SOLD  OR  DISPOSED  OF BY THE
   28  GUNSMITH OR DEALER IN FIREARMS ONLY  WHILE  SUCH  EMPLOYEE  IS  ACTUALLY
   29  CONDUCTING  BUSINESS  ON  BEHALF  OF  THE GUNSMITH OR DEALER IN FIREARMS
   30  NOTWITHSTANDING THE FACT THAT SUCH WEAPONS  MAY  NOT  BE  THE  TYPE  THE
   31  EMPLOYEE  WOULD OTHERWISE BE LICENSED OR AUTHORIZED TO POSSESS UNDER NEW
   32  YORK LAW. WHEN AN  EMPLOYEE  IS  CONDUCTING  BUSINESS  ON  BEHALF  OF  A
   33  GUNSMITH  OR  DEALER IN FIREARMS AT ANY LOCATION OTHER THAN THE PREMISES
   34  WHERE SUCH EMPLOYEE WORKS,  THE  EMPLOYEE  SHALL  HAVE  IN  HIS  OR  HER
   35  POSSESSION  A COPY OF HIS OR HER EMPLOYMENT CERTIFICATE OR VALID LICENSE
   36  ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION  400.01  OF  THIS
   37  ARTICLE  OR  DOCUMENTATION  OF  THE  EMPLOYEE'S EXEMPTION BASED ON PRIOR
   38  EMPLOYMENT. COPIES OF SUCH CERTIFICATES OR LICENSES OR DOCUMENTATION  OF
   39  EXEMPTION  SHALL  BE MAINTAINED BY THE GUNSMITH OR DEALER IN FIREARMS ON
   40  THE PREMISES WHERE SUCH  EMPLOYEE  WORKS.  ALL  CERTIFICATES,  LICENSES,
   41  DOCUMENTATION AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED
   42  UPON  REQUEST  BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO
   43  HIS OR HER SPECIAL DUTIES.
   44    (F) FOR THE PURPOSE OF THIS SUBDIVISION, THE TERM HANDLING  SHALL  NOT
   45  INCLUDE  MOVING OR CARRYING, IN THE NORMAL COURSE OF BUSINESS, A SECURED
   46  CRATE OR CONTAINER  THAT  CONTAINS  A  FIREARM  OR  FIREARMS,  FROM  ONE
   47  LOCATION  TO  ANOTHER  WITHIN  THE  PREMISES  OF A GUNSMITH OR DEALER IN
   48  FIREARMS.
   49    (G) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
   50  VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
   51  FIREARMS.
   52    S 2. This act shall take effect on the ninetieth day  after  it  shall
   53  have become a law.