S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          220
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the general business law, the penal law and the  judici-
         ary  law,  in relation to licensing of gun dealer employees, recertif-
         ication of gun licensees and reporting of misdemeanor crimes of domes-
         tic violence
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 40 and sections 900 and 901 of the general business
    2  law,  as  renumbered  by chapter 407 of the laws of 1973, are renumbered
    3  article 50 and sections 1001 and 1002 and a new article 40 is  added  to
    4  read as follows:
    5                                 ARTICLE 40
    6                    EMPLOYEES OF GUNSMITHS AND DEALERS IN
    7                        FIREARMS, RIFLES AND SHOTGUNS
    8  SECTION 900. DEFINITIONS.
    9          901. EMPLOYEE CERTIFICATION.
   10          902. CERTIFICATE OF EMPLOYMENT.
   11          903. RULES AND REGULATIONS.
   12          904. VIOLATIONS.
   13    S 900. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   14    1. "DEALER" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPORATION OR COMPA-
   15  NY  LICENSED  AS  A DEALER IN FIREARMS PURSUANT TO SECTION 400.00 OF THE
   16  PENAL LAW OR PURSUANT TO 18 U.S.C.  923.
   17    2. "GUNSMITH" MEANS ANY  PERSON,  FIRM,  PARTNERSHIP,  CORPORATION  OR
   18  COMPANY  LICENSED  AS A GUNSMITH PURSUANT TO SECTION 400.00 OF THE PENAL
   19  LAW.
   20    3. "EMPLOYEE" MEANS A PERSON EMPLOYED BY  A  DEALER  OR  GUNSMITH  AND
   21  WHOSE  DUTIES  INCLUDE  THE  HANDLING, SELLING OR OTHERWISE DISPOSING OF
   22  FIREARMS, RIFLES OR SHOTGUNS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00272-01-3
       S. 220                              2
    1    4. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
    2  SION THREE OF SECTION 265.00 OF THE PENAL LAW.
    3    5. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
    4  ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
    5    6.  "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
    6  SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
    7    7. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
    8    S 901. EMPLOYEE CERTIFICATION. NO DEALER  SHALL  EMPLOY  ANY  EMPLOYEE
    9  UNLESS:
   10    1.  SUCH  EMPLOYEE  IS TWENTY-ONE YEARS OR OLDER OR IS A MEMBER OF THE
   11  UNITED STATES ARMED FORCES OR HAS BEEN HONORABLY  DISCHARGED  THEREFROM;
   12  AND
   13    2. THE DEALER EMPLOYING SUCH EMPLOYEE HAS CONDUCTED A NATIONAL INSTANT
   14  CRIMINAL  BACKGROUND  CHECK  OF  SUCH  EMPLOYEE AND IS NOTIFIED THAT THE
   15  INFORMATION AVAILABLE IN  THE  SYSTEM  DOES  NOT  DEMONSTRATE  THAT  THE
   16  POSSESSION  OF  A FIREARM, RIFLE OR SHOTGUN BY SUCH PERSON WOULD VIOLATE
   17  18 U.S.C. 922(G) OR ANY OTHER APPLICABLE LAW.
   18    S 902. CERTIFICATE OF  EMPLOYMENT.  A  DEALER  EMPLOYING  AN  EMPLOYEE
   19  SHALL,  SUBSEQUENT  TO CONDUCTING A NATIONAL INSTANT CRIMINAL BACKGROUND
   20  CHECK, COMPLETE A CERTIFICATE OF  EMPLOYMENT  IN  DUPLICATE  ON  A  FORM
   21  APPROVED BY THE SUPERINTENDENT. ONE COPY OF THE FORM SHALL BE FILED WITH
   22  THE  SUPERINTENDENT  IMMEDIATELY UPON EMPLOYMENT OF THE EMPLOYEE AND ONE
   23  COPY OF SUCH CERTIFICATE SHALL BE RETAINED BY THE DEALER  AND  AVAILABLE
   24  ON PREMISES FOR INSPECTION BY ANY POLICE OFFICER. SUCH CERTIFICATE SHALL
   25  REMAIN  VALID FOR A PERIOD NOT TO EXCEED THREE YEARS FROM THE DATE FILED
   26  WITH THE SUPERINTENDENT PROVIDED THAT DURING THAT PERIOD POSSESSION OF A
   27  FIREARM, RIFLE OR SHOTGUN BY THE EMPLOYEE WOULD NOT  VIOLATE  18  U.S.C.
   28  922(G)  OR ANY OTHER APPLICABLE LAW. SUCH CERTIFICATE SHALL BE RENEWABLE
   29  BY THE DEALER.
   30    S 903. RULES AND REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE  RULES
   31  AND REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
   32    S 904. VIOLATIONS. ANY DEALER WHO:
   33    1.  EMPLOYS AN EMPLOYEE WITHOUT CONDUCTING A NATIONAL INSTANT CRIMINAL
   34  BACKGROUND CHECK OF THE EMPLOYEE IN  WHICH  THE  RESULTS  INDICATE  THAT
   35  POSSESSION  OF  A  FIREARM,  RIFLE  OR SHOTGUN BY THE EMPLOYEE WOULD NOT
   36  VIOLATE 18 U.S.C.  922(G) OR ANY OTHER APPLICABLE LAW, OR
   37    2. EMPLOYS AN EMPLOYEE WITHOUT  COMPLETING,  FILING  OR  DISPLAYING  A
   38  CERTIFICATE OF EMPLOYMENT, OR
   39    3. CONTINUES TO EMPLOY AN EMPLOYEE WHEN THE DEALER HAS RECEIVED ACTUAL
   40  NOTICE  THAT  POSSESSION  OF A FIREARM, RIFLE OR SHOTGUN BY THE EMPLOYEE
   41  WOULD VIOLATE 18 U.S.C. 922(G) OR ANY  OTHER  APPLICABLE  LAW  SHALL  BE
   42  GUILTY OF A MISDEMEANOR.
   43    S 2. Section 400.00 of the penal law is amended by adding a new subdi-
   44  vision 10-a to read as follows:
   45    10-A.  LICENSE:  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECK RECERTIF-
   46  ICATION. ANY LICENSEE APPLYING FOR A LICENSE PURSUANT TO  THIS  ARTICLE,
   47  AND IN THE CITY OF NEW YORK OR IN THE COUNTIES OF WESTCHESTER, NASSAU OR
   48  SUFFOLK,  UPON  RENEWAL  OR RECERTIFICATION OF THE LICENSE, SHALL BE THE
   49  SUBJECT OF A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK PERFORMED BY THE
   50  LICENSING OFFICIAL. NO LICENSE SHALL BE ISSUED, RENEWED  OR  RECERTIFIED
   51  BY  THE  LICENSING  OFFICIAL  UNLESS THE RESULTS OF THE NATIONAL INSTANT
   52  CRIMINAL BACKGROUND CHECK DEMONSTRATES THAT POSSESSION OF A  FIREARM  BY
   53  THE  LICENSEE WOULD NOT VIOLATE 18 U.S.C. 922(G) OR ANY OTHER APPLICABLE
   54  LAW. ELSEWHERE THAN IN THE CITY OF NEW YORK OR THE COUNTIES OF WESTCHES-
   55  TER, NASSAU OR SUFFOLK, A LICENSEE  WHO  HAS  BEEN  ISSUED  ANY  LICENSE
   56  PURSUANT  TO  THIS  ARTICLE PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI-
       S. 220                              3
    1  SION, SHALL HAVE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK  PERFORMED
    2  BY  THE LICENSING OFFICIAL PRIOR TO THE FIRST DAY OF DECEMBER, TWO THOU-
    3  SAND EIGHTEEN, IN ACCORDANCE WITH A SCHEDULE TO BE  CONTAINED  IN  RULES
    4  PROMULGATED  BY  THE SUPERINTENDENT OF STATE POLICE AND EVERY FIVE YEARS
    5  THEREAFTER. NO SUCH LICENSE SHALL REMAIN VALID UNLESS THE RESULTS OF THE
    6  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK DEMONSTRATES THAT  POSSESSION
    7  OF  A  FIREARM BY THE LICENSEE WOULD NOT VIOLATE 18 U.S.C. 922(G) OR ANY
    8  OTHER APPLICABLE LAW.   A COUNTY OR THE  CITY  OF  NEW  YORK  MAY,  UPON
    9  ACTION  OF  ITS  LEGISLATIVE BODY, AUTHORIZE A FEE, NOT TO EXCEED TWENTY
   10  DOLLARS, TO BE COLLECTED AND PAID INTO THE COUNTY OR CITY  TREASURY,  TO
   11  PAY  FOR  ADMINISTRATIVE  COSTS  INCURRED  FOR  RECERTIFICATION OF A GUN
   12  LICENSE PURSUANT TO THIS  SUBDIVISION.    THE  SUPERINTENDENT  OF  STATE
   13  POLICE MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE PROVISIONS
   14  OF THIS SUBDIVISION.
   15    S  3.  Subdivision 5 of section 400.00 of the penal law, as amended by
   16  chapter 332 of the laws of 1994, is amended to read as follows:
   17    5. Filing of approved applications. The application for  any  license,
   18  if  granted,  shall  be filed by the licensing officer with the clerk of
   19  the county of issuance, except that in the city of New York and, in  the
   20  counties  of  Nassau  and Suffolk, the licensing officer shall designate
   21  the place of filing in the appropriate division, bureau or unit  of  the
   22  police department thereof, and in the county of Suffolk the county clerk
   23  is hereby authorized to transfer all records or applications relating to
   24  firearms  to  the  licensing  authority  of that county.   The name [and
   25  address] of any person to whom an application for any license  has  been
   26  granted shall be a public record. Upon application by a licensee who has
   27  changed  his  place  of  residence such records or applications shall be
   28  transferred to the appropriate officer at the licensee's  new  place  of
   29  residence.  A  duplicate  copy of such application shall be filed by the
   30  licensing officer in the executive department, division of state police,
   31  Albany, within ten days after issuance of the license. Nothing  in  this
   32  subdivision  shall be construed to change the expiration date or term of
   33  such licenses if otherwise provided for in law.
   34    S 4. Subdivision 2 of section 212 of the judiciary law is  amended  by
   35  adding a new paragraph (s) to read as follows:
   36    (S) ADOPT RULES TO REQUIRE TRANSMISSION TO THE CRIMINAL JUSTICE INFOR-
   37  MATION  SERVICES  DIVISION  OF THE FEDERAL BUREAU OF INVESTIGATION OR TO
   38  THE DIVISION OF CRIMINAL JUSTICE SERVICES, OF THE NAME AND OTHER IDENTI-
   39  FYING INFORMATION OF EACH PERSON CONVICTED OF A MISDEMEANOR IN THE STATE
   40  WHICH CONSTITUTES A "MISDEMEANOR CRIME OF DOMESTIC VIOLENCE" AS  DEFINED
   41  IN 18 USC 921(A)(33)(A).
   42    S  5.  This act shall take effect November 1, 2013; provided, however,
   43  that section one of this act shall not take effect  until  the  sixtieth
   44  day after it shall have become a law.