Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Jun 04, 2009 |
print number 4456a |
Jun 04, 2009 |
amend (t) and recommit to codes |
Apr 23, 2009 |
referred to codes |
Senate Bill S4456
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-S4456 - Details
- Current Committee:
- Senate Codes
- Law Section:
- General Business Law
- Laws Affected:
- Add §400.15, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1002
2013-2014: S35
2009-S4456 - Sponsor Memo
BILL NUMBER: S4456 TITLE OF BILL : An act to amend the penal law, in relation to background checks for employees of dealers in firearms PURPOSE : Requires employees of dealers in firearms and gunsmiths to submit to a criminal background check. SUMMARY OF PROVISIONS : Section one of the bill amends the penal law by adding a new section 400.15 to require all employees of a gunsmith or a dealer in firearms whose duties include certain activities to submit to a state and national criminal history check. The new section specifies the procedure to be followed in complying with the background check requirement. Section two of the bill specifies the effective date. JUSTIFICATION : Currently firearms dealers are required to conduct criminal background checks on prospective purchasers of firearms but not on employees who are handling and selling firearms daily. This bill would correct this anomaly by requiring background checks of such employees. Since
2009-S4456 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4456 2009-2010 Regular Sessions I N S E N A T E April 23, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- 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 background checks for employees of dealers in firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 400.15 to read as follows: S 400.15 BACKGROUND CHECK FOR EMPLOYEES OF DEALERS IN FIREARMS. ALL EMPLOYEES OF A GUNSMITH OR A DEALER IN FIREARMS, WHOSE DUTIES INCLUDE HANDLING, SELLING, TRANSPORTING, OR OTHERWISE DISPOSING OF FIREARMS, SHALL BE REQUIRED TO UNDERGO A STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECK. THE EMPLOYER SHALL OBTAIN A SET OF FINGERPRINTS FROM EACH INDIVIDUAL FOR WHOM A CRIMINAL BACKGROUND CHECK IS TO BE COMPLETED AND SUCH OTHER INFORMATION AS IS REQUIRED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. FOR EACH PROSPECTIVE EMPLOYEE SUBJECT TO THESE PROVISIONS, THE GUNSMITH OR DEALER IN FIREARMS SHALL PROVIDE A BLANK FINGERPRINT CARD AND A DESCRIPTION OF HOW THE COMPLETED FINGER- PRINT CARD AND THE RESULTING RECORD WILL BE USED. THE GUNSMITH OR FIREARMS DEALER SHALL PROMPTLY TRANSMIT SUCH FINGERPRINT CARD AND THE PROCESSING FEE, IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, TO THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR ITS FULL SEARCH AND RETAIN PROCESSING. NO PERSON WHO IS PROHIBITED FROM HANDLING OR POSSESSING FIREARMS OR AMMUNITION BY FEDERAL OR STATE LAW MAY BE EMPLOYED BY A GUNSMITH OR BY A DEALER IN FIREARMS. S 2. This act shall take effect on the ninetieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08927-04-9
2009-S4456A (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- General Business Law
- Laws Affected:
- Add §400.15, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1002
2013-2014: S35
2009-S4456A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4456A TITLE OF BILL : 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 PURPOSE : This bill would require all employees of gunsmiths and dealers of firearms, whose duties include handling, selling, or otherwise disposing of firearms to submit to an instant background check through the National Instant Criminal Background Check System (NICS) required under federal law for persons to purchase guns from licensed dealers and gunsmiths. SUMMARY OF PROVISIONS : Section 1 of the bill amends section 400.00 of the penal law by adding a new subdivision 12-b to state that no firearm dealer may hire anyone otherwise prohibited from possessing a firearm under federal law. Potential employees must apply for an employment certificate through the Division of Criminal Justice Services (DCJS), who would review the application using NICS. If DCJS receives a negative response from NICS for any employee, the dealer will be required to deny employment to the applicant. Current employees of dealers would be required to be reviewed by NICS and obtain an employment certificate within six
2009-S4456A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4456--A 2009-2010 Regular Sessions I N S E N A T E April 23, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Section 400.00 of the penal law is amended by adding a new subdivision 12-b to read as follows: 12-B. GUNSMITH OR DEALER IN FIREARMS EMPLOYEES. (A) NO PERSON SHALL BE EMPLOYED BY A GUNSMITH OR DEALER IN FIREARMS FOR DUTIES THAT INCLUDE HANDLING, SELLING, OR OTHERWISE DISPOSING OF FIREARMS, IF SUCH PERSON IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS UNDER FEDERAL LAW OR IF SUCH PERSON WOULD BE INELIGIBLE FOR A LICENSE TO POSSESS FIREARMS UNDER PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION. (B) NO GUNSMITH OR DEALER IN FIREARMS SHALL EMPLOY A PERSON WHOSE DUTIES INCLUDE HANDLING, SELLING, OR OTHERWISE DISPOSING OF FIREARMS, ABSENT AN EXEMPTION PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION (A) OF SECTION 265.20 OF THIS CHAPTER, UNLESS: (I) SUCH PERSON IS TWENTY-ONE YEARS OF AGE OR OLDER OR IS A MEMBER OF THE UNITED STATES ARMED FORCES OR HAS BEEN HONORABLY DISCHARGED THERE- FROM, AND SUCH EMPLOYEE HAS BEEN ISSUED A VALID EMPLOYMENT CERTIFICATE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES; (II) SUCH PERSON HAS OBTAINED AND POSSESSES A VALID LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS ARTICLE; OR (III) SUCH PERSON WAS EMPLOYED BY THE GUNSMITH OR DEALER IN FIREARMS PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION AND NO MORE THAN SIX 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. LBD08927-10-9
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