S T A T E   O F   N E W   Y O R K
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                                  9468

                          I N  A S S E M B L Y

                               May 1, 2014
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, SCHIMEL, MOSLEY, PAULIN, PICHARDO,
  ORTIZ -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to the  unlawful  procurement
  of a firearm; to amend the general business law, in relation to estab-
  lishing  a  waiting period for the purchase of a firearm; and 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:

  Section 1.  The penal law is amended by adding a new section 265.50 to
read as follows:
S 265.50 UNLAWFUL PROCUREMENT OF A FIREARM.
  A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN:
  1. HE OR SHE PURCHASES OR TAKES POSSESSION OF MORE  THAN  ONE  FIREARM
FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR
  2.  BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A FIREARM
TO ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM  DURING
THE PREVIOUS THIRTY DAYS.
  UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR.
  S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision f to read as follows:
  F. SECTION 265.50 OF THIS ARTICLE SHALL NOT APPLY TO:
  1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS
OFFICER  ACTING  WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT OR
OFFICIAL DUTIES;
  2. A UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF  THE  UNITED
STATES  OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED TO
POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES;
  3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
ENGAGED  IN  THE  COURSE  AND  SCOPE  OF  THEIR ACTIVITIES AS LICENSEES,
PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;

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

                                                           LBD14828-01-4

A. 9468                             2

  4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR
REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK
FROM SUCH A GUNSMITH;
  5. A COMMON CARRIER, WAREHOUSEMAN OR OTHER PERSON ENGAGED IN THE BUSI-
NESS OF TRANSPORTING OR STORING GOODS, TO THE EXTENT THAT THE POSSESSION
OR RECEIPT OF ANY FIREARM IS IN THE ORDINARY COURSE OF BUSINESS, AND NOT
FOR THE PERSONAL USE OF ANY SUCH PERSON;
  6.  A  PERSON ACQUIRING FIREARMS BY OPERATION OF LAW UPON THE DEATH OF
THE FORMER OWNER OF THE FIREARMS; OR
  7. A PERSON WHOSE FIREARM WAS STOLEN OR  IRRETRIEVABLY  LOST  AND  WHO
CONSIDERS IT ESSENTIAL THAT THE FIREARM BE REPLACED IMMEDIATELY, IF:
  (A)  THE  PERSON  PROVIDES  THE SELLER OR TRANSFEROR WITH A COPY OF AN
OFFICIAL POLICE REPORT DESCRIBING THE LOSS OR THEFT OF THE FIREARM.  THE
OFFICIAL  POLICE REPORT MUST CONTAIN THE NAME AND ADDRESS OF THE FIREARM
OWNER, A DESCRIPTION OF THE FIREARM, THE LOCATION OF THE LOSS OR  THEFT,
THE  DATE  OF  THE  LOSS  OR  THEFT,  AND THE DATE THE LOSS OR THEFT WAS
REPORTED TO THE LAW ENFORCEMENT AGENCY; AND
  (B) THE LOSS OR THEFT OCCURRED WITHIN  THIRTY  DAYS  OF  THE  PERSON'S
ATTEMPT  TO  REPLACE  THE  FIREARM,  AS REFLECTED BY THE DATE OF LOSS OR
THEFT ON THE OFFICIAL POLICE REPORT.
  S 3. The penal law is amended by adding a new section 400.15  to  read
as follows:
S 400.15 DUTIES OF DEALERS IN FIREARMS.
  1. EACH DEALER IN FIREARMS SHALL PRIOR TO THE SALE OF ANY FIREARM TO A
PERSON REQUEST APPROVAL OF SUCH SALE TO SUCH PERSON FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  2.  UPON  RECEIPT  OF THE APPROVAL OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES OF A SALE OF A FIREARM, THE DEALER IN FIREARMS SHALL RECORD AND
REPORT SUCH SALE TO THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  WITHIN
TWENTY-FOUR HOURS.
  S  4. 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:

A. 9468                             3

  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;
  5.  ANY  COMMON  CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS; AND
  6. ANY PERSON WHO ALREADY POSSESSES A VALID PERMIT PURSUANT TO ARTICLE
FOUR HUNDRED OF THE PENAL LAW.
  S 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S 5. Section 265.17 of the penal law, as amended by chapter 1  of  the
laws of 2013, is amended to read as follows:
S 265.17 Criminal purchase or disposal of a weapon.
  1.  A  person  is  guilty of criminal purchase or disposal of a weapon
when:
  [1.] (A) Knowing that he or she is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction  or  because  of
some  other  disability  which  would  render  him  or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, such  person
purchases a firearm, rifle or shotgun from another person; or
  [2.]  (B)  Knowing  that  it  would  be unlawful for another person to
possess a firearm, rifle or shotgun, he  or  she  purchases  a  firearm,
rifle or shotgun for, on behalf of, or for the use of such other person;
or
  [3.]  (C)  Knowing  that  another  person  is  prohibited  by law from
possessing a firearm, rifle or shotgun because of a prior conviction  or
because  of some other disability which would render him or her ineligi-
ble to lawfully possess a firearm, rifle or shotgun  in  this  state,  a
person disposes of a firearm, rifle or shotgun to such other person.
  2.  A  GUNSMITH  OR DEALER IN FIREARMS SHALL REPORT WITHIN TWENTY-FOUR
HOURS TO THE DIVISION OF STATE POLICE, OR IN THE CITY OF  NEW  YORK  THE
POLICE  DEPARTMENT  OF  SUCH  CITY,  ANY  INSTANCE  IN  WHICH ANY PERSON
ATTEMPTS TO PURCHASE A FIREARM, RIFLE OR SHOTGUN FROM SUCH  GUNSMITH  OR
DEALER  IF  A  BACKGROUND  CHECK  SUCH  GUNSMITH  OR  DEALER CONDUCTS IN
CONNECTION WITH SUCH ATTEMPTED PURCHASE, IN THE NATIONAL INSTANT  CRIMI-
NAL  BACKGROUND  CHECK  SYSTEM  OR  ANY  SUCCESSOR  SYSTEM,  INDICATES A
"DENIED" RESPONSE AS DEFINED IN 28 C.F.R. S 25.6. SUCH GUNSMITH OR DEAL-
ER SHALL KEEP WITH THE OTHER RECORDS REQUIRED UNDER  SUBDIVISION  TWELVE
OF  SECTION  400.00 OF THIS CHAPTER, A RECORD APPROVED AS TO FORM BY THE
SUPERINTENDENT OF STATE POLICE, OR IN THE  CITY  OF  NEW  YORK  BY  SUCH
CITY'S  POLICE COMMISSIONER, OF HAVING MADE EACH REPORT REQUIRED BY THIS
SUBDIVISION.
  Criminal purchase or disposal of a weapon is a class D felony.
  S 6. Section 400.00 of the penal law is amended by adding a new subdi-
vision 12-b to read as follows:
  12-B. EMPLOYEES OF A GUNSMITH OR DEALER IN  FIREARMS.  (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

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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 THEREFROM, AND SUCH EMPLOYEE HAS BEEN
ISSUED A VALID EMPLOYMENT CERTIFICATE  FROM  THE  DIVISION  OF  CRIMINAL
JUSTICE SERVICES; OR (II) SUCH PERSON HAS OBTAINED AND POSSESSES A VALID
LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF
THIS ARTICLE.
  (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
APPLICANT'S  PROSPECTIVE  EMPLOYER  TO  THE DIVISION OF CRIMINAL JUSTICE
SERVICES IN A FORM APPROVED BY SUCH DIVISION. APPLICATIONS MUST CONTAIN,
AT A MINIMUM, THE INFORMATION REQUIRED TO CONDUCT A BACKGROUND CHECK  IN
THE  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. ALL APPLICATIONS
MUST BE SIGNED AND VERIFIED BY THE APPLICANT.
  (D) UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYMENT CERTIFICATE,  THE
DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL CONDUCT A BACKGROUND CHECK
IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK  SYSTEM  TO  DETERMINE
WHETHER THE APPLICANT IS QUALIFIED TO RECEIVE OR POSSESS A FIREARM UNDER
STATE  AND  FEDERAL LAW. IF THE RESULTS OF THE BACKGROUND CHECK INDICATE
THAT THERE IS NO INFORMATION THAT WOULD DISQUALIFY  THE  APPLICANT  FROM
RECEIVING  OR POSSESSING A FIREARM UNDER STATE OR UNDER FEDERAL LAW, THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DOCUMENT SUCH RESULT  ON  AN
EMPLOYMENT  CERTIFICATE.  IF THE BACKGROUND CHECK RESULTS IN A "DELAYED"
RESPONSE AS DESCRIBED IN 28 C.F.R. S  25.6,  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES SHALL NOT CERTIFY THE APPLICANT FOR EMPLOYMENT PENDING
RECEIPT OF A FOLLOW-UP "PROCEED"  RESPONSE  FROM  THE  NATIONAL  INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
  (E)  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO QUALIFY-
ING EMPLOYEES AN EMPLOYMENT CERTIFICATE, WHICH SHALL  CERTIFY  THAT  THE
HOLDER  OF  SUCH  CERTIFICATE  IS ELIGIBLE TO HANDLE, SELL, OR OTHERWISE
DISPOSE OF FIREARMS OR WEAPONS ON BEHALF OF THE GUNSMITH  OR  DEALER  IN
FIREARMS.  SUCH CERTIFICATE SHALL BECOME INVALID UPON THE TERMINATION OF
THE EMPLOYEE'S EMPLOYMENT. SUCH CERTIFICATE SHALL  HAVE  THE  EFFECT  OF
AUTHORIZING SUCH EMPLOYEE TO HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE
FIREARMS  THAT  ARE  LAWFULLY  POSSESSED,  SOLD  OR  DISPOSED  OF BY THE
GUNSMITH OR DEALER IN FIREARMS ONLY  WHILE  SUCH  EMPLOYEE  IS  ACTUALLY
CONDUCTING  BUSINESS  ON  BEHALF  OF  THE GUNSMITH OR DEALER IN FIREARMS
NOTWITHSTANDING THE FACT THAT SUCH WEAPONS  MAY  NOT  BE  THE  TYPE  THE
EMPLOYEE  WOULD OTHERWISE BE LICENSED OR AUTHORIZED TO POSSESS UNDER NEW
YORK LAW. WHEN AN  EMPLOYEE  IS  CONDUCTING  BUSINESS  ON  BEHALF  OF  A
GUNSMITH  OR  DEALER IN FIREARMS AT ANY LOCATION OTHER THAN THE PREMISES
WHERE SUCH EMPLOYEE WORKS,  THE  EMPLOYEE  SHALL  HAVE  IN  HIS  OR  HER
POSSESSION  A COPY OF HIS OR HER EMPLOYMENT CERTIFICATE OR VALID LICENSE
ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION  400.01  OF  THIS
ARTICLE  OR  DOCUMENTATION  OF  THE  EMPLOYEE'S EXEMPTION BASED ON PRIOR
EMPLOYMENT.  COPIES OF SUCH CERTIFICATES OR LICENSES OR DOCUMENTATION OF
EXEMPTION SHALL BE MAINTAINED BY THE GUNSMITH OR DEALER IN  FIREARMS  ON
THE  PREMISES  WHERE  SUCH  EMPLOYEE  WORKS. ALL CERTIFICATES, LICENSES,
DOCUMENTATION AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED
UPON REQUEST BY ANY POLICE OFFICER OR PEACE OFFICER ACTING  PURSUANT  TO
HIS OR HER SPECIAL DUTIES.

A. 9468                             5

  (F)  FOR  THE PURPOSE OF THIS SUBDIVISION, THE TERM HANDLING SHALL NOT
INCLUDE MOVING OR CARRYING, IN THE NORMAL COURSE OF BUSINESS, A  SECURED
CRATE  OR  CONTAINER  THAT  CONTAINS  A  FIREARM  OR  FIREARMS, FROM ONE
LOCATION TO ANOTHER WITHIN THE PREMISES  OF  A  GUNSMITH  OR  DEALER  IN
FIREARMS.
  (G) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
FIREARMS.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law, except that the division of criminal justice
services  shall promulgate any rules or regulations or approve any forms
necessary for applications for employment certificates to  be  submitted
to  and  approved by such division and for employment certificates to be
issued by such division pursuant to subdivision 12-b of  section  400.00
of the penal law as added by section six of this act, and shall begin to
issue  such  certificates to qualifying employees before the one hundred
eightieth day after this act shall have become a law.