S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3181

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Codes

AN  ACT to amend the general business law, in relation to establishing a
  waiting period for the purchase of a firearm

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
38-B to read as follows:
                              ARTICLE 38-B
                     WAITING PERIOD FOR PURCHASE OF
                                FIREARMS
SECTION 825. DEFINITIONS.
        826. WAITING PERIOD.
        827. EXEMPTIONS.
        828. PENALTY.
  S 825. DEFINITIONS. AS USED IN THIS SECTION:
  1.   "DEALER IN FIREARMS" HAS THE SAME MEANING AS THAT TERM IS DEFINED
IN SUBDIVISION NINE OF SECTION 265.00 OF THE PENAL LAW.
  2. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
  S  826.  WAITING  PERIOD.  NO  DEALER  IN  FIREARMS  SHALL DELIVER ANY
FIREARM, AND NO PERSON SHALL TAKE POSSESSION OF ANY FIREARM FROM A DEAL-
ER IN FIREARMS UNLESS:
  1. TEN DAYS HAVE ELAPSED FROM  THE  DATE  SUCH  DEALER  INITIATED  THE
NATIONAL  INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER AS REQUIRED
BY 18 U.S.C. S 922(T), AFTER  RECEIVING  A  COMPLETED  FEDERAL  FIREARMS
TRANSACTION RECORD, FORM 4473, FROM THE PURCHASER; AND
  2.  SUCH  DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS PASSED ALL
BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
  S 827. EXEMPTIONS. SECTION EIGHT HUNDRED TWENTY-SIX  OF  THIS  ARTICLE
SHALL NOT APPLY TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01834-01-3
              

A. 3181                             2

  1.  ANY  LAW  ENFORCEMENT OR CORRECTIONAL AGENCY, OR POLICE OFFICER OR
CORRECTIONS OFFICER ACTING WITHIN THE COURSE OR  SCOPE  OF  HIS  OR  HER
EMPLOYMENT;
  2.  ANY  FEDERAL  OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS OR CARRY A
FIREARM IN THE COURSE OF HIS OR HER DUTIES, AND ANY MEMBER OF THE  ARMED
FORCES OF THE UNITED STATES OR THE NATIONAL GUARD;
  3.  ANY  MANUFACTURER,  DISTRIBUTOR  OR DEALER OF FIREARMS WHEN TRANS-
FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER;
  4. ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL  LAW,
RECEIVING A FIREARM FOR SERVICE OR REPAIR; AND
  5.  ANY  COMMON  CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS.
  S 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.