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

                                  3280

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M.  of  A. PAULIN, RAMOS, LIFTON, ENGLEBRIGHT, KAVANAGH,
  ROSENTHAL, WRIGHT, SCHIMEL, ABINANTI, COLTON, DINOWITZ, JAFFEE,  KELL-
  NER,  MAYER,  SCARBOROUGH, WEINSTEIN -- Multi-Sponsored by -- M. of A.
  ARROYO, BOYLAND, CLARK, GOTTFRIED, HOOPER, MAGNARELLI -- read once and
  referred to the Committee on Economic Development

AN ACT to amend the general business law and the penal law, in  relation
  to preventing the sale of firearms, rifles, and shotguns to criminals

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

  Section 1. Legislative findings and declaration. The legislature here-
by finds and declares as follows:
  1. Firearms, rifles and shotguns are used to kill over 30,000 individ-
uals in the United States every year, including 1,000 individuals in New
York state alone. Additionally, there  are  100,000  non-fatal  injuries
across  the  country.  The  federal  government has largely ignored this
public health crisis and has left it up to state and  local  governments
to protect its citizens. Firearm violence also costs billions of dollars
and  causes  incalculable  emotional  damage,  devastating  families and
communities throughout the country.  Therefore, the state  of  New  York
has  a  strong interest in reducing violence and crimes that involve the
use of firearms and the illegal trafficking of  firearms.  Illegal  guns
obtained  throughout  the  state end up in the hands of criminals, youth
and violent individuals who use them to threaten, maim and kill.
  2. There is a thriving underground market for illegal firearms, large-
ly driven by demand from drug gangs and other criminals. A highly  effi-
cient  and  continuous  business  practice  exists in which firearms are
moved from legal manufacture and sale to prohibited  purchasers,  making
them  illegal  firearms.  In  2011, according to a review by the federal
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) of trace data
compiled for several regions in the state,  including  Albany,  Buffalo,
Rochester,  Syracuse,  Long Island and New York City that calendar year,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00353-02-3
              

A. 3280                             2

8,793 firearms were submitted to be traced, 2,119  of  which  were  long
guns.  Outside  New  York  City,  long  guns  are sold without a permit.
Fifty-five percent of the firearms recovered from crimes by New York law
enforcement  in  2011  were  found  outside New York City. A significant
portion of guns involved in crimes upstate originate within  the  state.
For  example,  according  to 2009 ATF crime gun trace data, 69% of crime
guns in the Buffalo area and 50% of crime  guns  in  the  Syracuse  area
originated within New York state.
  3.  Youth are particularly at risk of being killed with guns.  Accord-
ing to the Children's Defense Fund, in 2009 alone, 97 children and teens
were killed with guns (80 homicide and 17 suicide) in New York state. In
2010, 207 children and teens (under the age of 25)  in  New  York  state
were murdered with guns, and 57 children and teens (under the age of 25)
in New York state committed suicide with a firearm.
  4. A substantial portion of illegal firearms are diverted to the ille-
gal  market  through  licensed gun dealers. Rogue gun dealers play a key
role in this market. These rogue dealers  funnel  guns  to  the  illegal
market through a variety of channels. One of the most common means is to
allow "straw purchases". A straw purchase occurs when a person purchases
a  gun  on  behalf of a prohibited person. The ATF conducted an investi-
gation of gun trafficking from July 1996 to December 1998 and found that
almost 26,000 trafficked firearms were associated with investigations in
which there was a straw purchaser. Almost 50% of all trafficking  inves-
tigations  involved  straw  purchasers,  with  an average of 37 firearms
trafficked per investigation.  Another issue, according to a 2008 report
by Mayors Against Illegal Guns, Inside Straw Purchasing:  How  Criminals
Get  Guns  Illegally,  is that many traffickers return to the same store
again and again once they have identified it as one in  which  they  can
make  straw  purchases  easily.   According to the ATF, 1 percent of gun
dealers are the source of almost 60 percent of crime guns.
  5.  Although most gun dealers operate  their  businesses  legally  and
responsibly, some gun dealers who are corrupt or maintain shoddy record-
keeping  practices flood the streets with illegal weapons as a result of
their unrestricted access to new gun inventory and the unwillingness  of
gun  manufacturers  to  terminate  their  supply to these rogue dealers.
Current federal and state regulation has not curbed the  business  prac-
tice  of illegal gun dealers. According to a 2004 study by Americans for
Gun Safety, of the 120 worst gun dealers in the  country,  namely  those
dealers  with an average of 500 crime guns traced to them, 96 were still
in operation.
  6. Moreover, this problem is not limited to  unlicensed  sellers,  and
clearly  includes  federal  firearms  licensees (FFLs). Indeed, although
FFLs were involved in under 10% of the trafficking investigations under-
taken by ATF, they were associated with the largest number  of  diverted
firearms--over  40,000 guns, which is nearly half of the total number of
trafficked firearms documented during the two-year period of  the  ATF's
investigation.    Additionally,  a 2010 report by Mayors Against Illegal
Guns indicated that several states  which  allow  state  authorities  to
supplement  the  federal ATF inspection with routine inspections provide
law enforcement with more opportunities to uncover dealers in  violation
of  the law.   These inspections also help identify dealers who exercise
lax oversight over their inventory and may lead to  improved  compliance
with federal, state, and local laws.
  7.  Current  New  York state laws governing firearm dealers are inade-
quate to prevent the diversion of firearms to the  illegal  marketplace.
Additional  protections that are needed include, but are not limited to,

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better gun dealer internal compliance procedures, programs to  eliminate
straw  purchases, increased liability insurance, improved security meas-
ures, reducing youth access, mandatory training for gun  dealer  employ-
ees, and improved recordkeeping requirements. The additional protections
set forth in this act will greatly enhance the state's efforts to reduce
criminal activity in the state.
  S  2. Article 40 and sections 900 and 901 of the general business law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article
50 and sections 1001 and 1002 and a new article 40 is added to  read  as
follows:
                                ARTICLE 40
                    PREVENTING THE SALE OF FIREARMS,
                    RIFLES, AND SHOTGUNS TO CRIMINALS
SECTION 900. DEFINITIONS.
        901. REASONABLE MEASURES TO PREVENT SALES AND
                TRANSFERS TO CRIMINALS.
        902. SECURITY.
        903. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS.
        904. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES.
        905. EMPLOYEE TRAINING.
        906. RETAIL SALES OF FIREARMS, RIFLES, AND SHOTGUNS.
        907. MAINTENANCE OF RECORDS.
        908. COOPERATION WITH LAW ENFORCEMENT.
        909. INTERNAL COMPLIANCE AND CERTIFICATION.
        910. RULES AND REGULATIONS.
        911. VIOLATIONS.
  S 900. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "DEALER"  MEANS  ANY  PERSON,  FIRM,  PARTNERSHIP, CORPORATION, OR
COMPANY WHO ENGAGES IN THE BUSINESS OF PURCHASING, SELLING, KEEPING  FOR
SALE,  LENDING,  LEASING,  OR  IN  ANY MANNER DISPOSING OF, ANY FIREARM,
RIFLE, OR SHOTGUN.
  2. "DISPOSE OF" MEANS TO DISPOSE OF, GIVE,  GIVE  AWAY,  LEASE,  LEND,
KEEP  FOR  SALE,  OFFER,  OFFER  FOR  SALE, SELL, TRANSFER, OR OTHERWISE
DISPOSE OF.
  3. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
  4.  "FIREARM  EXHIBITOR"  MEANS  ANY PERSON, FIRM, PARTNERSHIP, CORPO-
RATION, OR COMPANY THAT EXHIBITS, SELLS, OFFERS FOR SALE, TRANSFERS,  OR
EXCHANGES FIREARMS, RIFLES, OR SHOTGUNS AT A GUN SHOW.
  5.  "GUN SHOW" MEANS AN EVENT SPONSORED, WHETHER FOR PROFIT OR NOT, BY
AN INDIVIDUAL, NATIONAL, STATE, OR LOCAL ORGANIZATION,  ASSOCIATION,  OR
OTHER  ENTITY  DEVOTED TO THE COLLECTION, COMPETITIVE USE, SPORTING USE,
OR ANY OTHER LEGAL USE OF FIREARMS, RIFLES, OR SHOTGUNS, OR AN EVENT  AT
WHICH:  (A) TWENTY PERCENT OR MORE OF THE TOTAL NUMBER OF EXHIBITORS ARE
FIREARM EXHIBITORS; (B) TEN OR MORE FIREARM EXHIBITORS  ARE  PARTICIPAT-
ING; (C) A TOTAL OF TWENTY-FIVE OR MORE PISTOLS OR REVOLVERS ARE OFFERED
FOR  SALE OR TRANSFER; OR (D) A TOTAL OF FIFTY OR MORE FIREARMS, RIFLES,
OR SHOTGUNS ARE OFFERED FOR SALE OR TRANSFER. THE TERM "GUN SHOW"  SHALL
INCLUDE  ANY BUILDING, STRUCTURE, OR FACILITY WHERE FIREARMS, RIFLES, OR
SHOTGUNS ARE OFFERED FOR SALE  OR  TRANSFER  AND  ANY  GROUNDS  USED  IN
CONNECTION WITH THE EVENT.
  6.  "RETAIL DEALER" MEANS ANY DEALER ENGAGED IN THE RETAIL BUSINESS OF
SELLING FIREARMS, RIFLES, OR SHOTGUNS.
  7. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
ELEVEN OF SECTION 265.00 OF THE PENAL LAW.

A. 3280                             4

  8. "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
  9.  "STRAW  PURCHASE" MEANS THE PURCHASE, OR ATTEMPT TO PURCHASE, BY A
PERSON OF A FIREARM, RIFLE, OR SHOTGUN FOR, ON BEHALF OF, OR FOR THE USE
OF ANOTHER PERSON, KNOWING THAT IT WOULD  BE  UNLAWFUL  FOR  SUCH  OTHER
PERSON TO POSSESS SUCH FIREARM, RIFLE, OR SHOTGUN, OR AN ATTEMPT TO MAKE
SUCH A PURCHASE.
  10.  "STRAW  PURCHASER"  MEANS  A PERSON WHO, KNOWING THAT IT WOULD BE
UNLAWFUL FOR ANOTHER PERSON TO POSSESS A  FIREARM,  RIFLE,  OR  SHOTGUN,
PURCHASES  OR  ATTEMPTS TO PURCHASE A FIREARM, RIFLE, OR SHOTGUN FOR, ON
BEHALF OF, OR FOR THE USE OF SUCH OTHER PERSON.
  11. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
  S 901. REASONABLE MEASURES TO PREVENT SALES AND  TRANSFERS  TO  CRIMI-
NALS.  EVERY DEALER SHALL ADOPT REASONABLE MEASURES TO PREVENT FIREARMS,
RIFLES,  AND  SHOTGUNS  FROM  BEING  DIVERTED  FROM  THE LEGAL STREAM OF
COMMERCE, INTENTIONALLY OR  OTHERWISE,  FOR  LATER  SALE,  TRANSFER,  OR
DISPOSAL TO INDIVIDUALS NOT LEGALLY ENTITLED TO PURCHASE OR POSSESS SUCH
WEAPONS.  SUCH  MEASURES  SHALL  INCLUDE,  BUT  NEED  NOT BE LIMITED TO,
PROGRAMS TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE  THWART
ILLEGAL  GUN  TRAFFICKING.  THE  SUPERINTENDENT  SHALL  DEVELOP PROGRAMS
DESIGNED TO ELIMINATE SALES TO STRAW PURCHASERS AND TO OTHERWISE  THWART
ILLEGAL GUN TRAFFICKING. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
ARTICLE,  THE  SUPERINTENDENT  SHALL  SUBMIT A REPORT TO THE LEGISLATURE
DETAILING SUCH PROGRAMS, INCLUDING ESTABLISHING MINIMUM REQUIREMENTS FOR
SUCH PROGRAMS.
  S 902. SECURITY. EVERY DEALER SHALL  IMPLEMENT  A  SECURITY  PLAN  FOR
SECURING  FIREARMS,  RIFLES AND SHOTGUNS, INCLUDING FIREARMS, RIFLES AND
SHOTGUNS IN SHIPMENT. THE PLAN  MUST  SATISFY  AT  LEAST  THE  FOLLOWING
REQUIREMENTS:
  1.  DISPLAY  CASES SHALL BE LOCKED AT ALL TIMES EXCEPT WHEN REMOVING A
SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW A CUSTOMER, AND CUSTOMERS SHALL
HANDLE FIREARMS, RIFLES OR SHOTGUNS ONLY UNDER THE DIRECT SUPERVISION OF
AN EMPLOYEE;
  2. ALL FIREARMS, RIFLES AND SHOTGUNS  SHALL  BE  SECURED,  OTHER  THAN
DURING  BUSINESS  HOURS,  IN  A  LOCKED  FIREPROOF  SAFE OR VAULT IN THE
LICENSEE'S BUSINESS PREMISES OR IN A SIMILAR SECURED  AND  LOCKED  AREA;
AND
  3. AMMUNITION SHALL BE STORED SEPARATELY FROM THE FIREARMS, RIFLES AND
SHOTGUNS AND OUT OF REACH OF THE CUSTOMERS.
  4.  (A)  THE  PERMITTED BUSINESS LOCATION SHALL BE SECURED BY AN ALARM
SYSTEM THAT IS INSTALLED AND MAINTAINED BY  AN  ALARM  COMPANY  OPERATOR
PROPERLY  LICENSED PURSUANT TO STATE LAW. THE ALARM SYSTEM MUST BE MONI-
TORED BY A CENTRAL STATION LISTED BY  UNDERWRITERS  LABORATORIES,  INC.,
AND  COVERED  BY  AN ACTIVE UNDERWRITERS LABORATORIES, INC. ALARM SYSTEM
CERTIFICATE WITH A #3 EXTENT OF PROTECTION.
  (B)  UNDERWRITERS  LABORATORIES,  INC.  USES  THE  TERM   "EXTENT   OF
PROTECTION"  TO  REFER  TO  THE  AMOUNT OF ALARM PROTECTION INSTALLED TO
PROTECT A PARTICULAR AREA, ROOM OR CONTAINER. SYSTEMS WITH A  #3  EXTENT
OF  PROTECTION  INCLUDE COMPLETE PROTECTION FOR ALL ACCESSIBLE OPENINGS,
AND PARTIAL MOTION AND SOUND DETECTION AT CERTAIN  OTHER  AREAS  OF  THE
PREMISES.  MORE INFORMATION MAY BE FOUND IN: CENTRAL STATION ALARM ASSO-
CIATION, A PRACTICAL GUIDE TO CENTRAL STATION BURGLAR ALARM SYSTEMS (3RD
ED. 2005).
  S 903. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS. EVERY  RETAIL  DEALER
SHALL  EXCLUDE  ALL  PERSONS  UNDER  EIGHTEEN  YEARS  OF  AGE FROM THOSE
PORTIONS OF ITS PREMISES WHERE FIREARMS, RIFLES, SHOTGUNS, OR AMMUNITION

A. 3280                             5

ARE STOCKED OR SOLD, UNLESS SUCH PERSON IS ACCOMPANIED BY  A  PARENT  OR
GUARDIAN.
  S  904.  LOCATION  OF  FIREARM, RIFLE, AND SHOTGUN SALES. EVERY DEALER
SHALL SELL OR OTHERWISE DISPOSE OF FIREARMS, RIFLES, AND  SHOTGUNS  ONLY
AT  THE  LOCATION  LISTED ON THE DEALER'S FEDERAL FIREARMS LICENSE OR AT
GUN SHOWS.
  S 905. EMPLOYEE TRAINING. EVERY RETAIL DEALER SHALL  PROVIDE  TRAINING
TO  ALL  EMPLOYEES  AND  OTHER  PERSONNEL  ENGAGED IN THE RETAIL SALE OF
FIREARMS, RIFLES, AND SHOTGUNS RELATING TO:
  1. THE LAW GOVERNING FIREARM, RIFLE, AND SHOTGUN TRANSFERS BY  FEDERAL
FIREARMS LICENSEES AND INDIVIDUALS;
  2.  HOW  TO  RECOGNIZE  STRAW PURCHASES AND OTHER ATTEMPTS TO PURCHASE
FIREARMS, RIFLES, OR SHOTGUNS ILLEGALLY;
  3. HOW TO TEACH CONSUMERS RULES  OF  GUN  SAFETY,  INCLUDING  BUT  NOT
LIMITED  TO THE SAFE HANDLING AND STORAGE OF FIREARMS, RIFLES, AND SHOT-
GUNS; AND
  4. HOW TO COMPLY WITH PROVISIONS OF SECTION NINE HUNDRED SIX  OF  THIS
ARTICLE.
  NO  EMPLOYEE  OR  AGENT  OF ANY RETAIL DEALER SHALL PARTICIPATE IN THE
SALE OR DISPOSITION OF FIREARMS, RIFLES, OR SHOTGUNS UNLESS SUCH  PERSON
IS  AT LEAST TWENTY-ONE YEARS OF AGE AND HAS FIRST RECEIVED THE TRAINING
REQUIRED BY THIS SECTION.  THE  SUPERINTENDENT  SHALL  PROMULGATE  REGU-
LATIONS  SETTING  FORTH  MINIMUM  REQUIREMENTS  FOR  THE  MAINTENANCE OF
RECORDS OF SUCH TRAINING.
  S 906. RETAIL SALES OF FIREARMS, RIFLES, AND SHOTGUNS.  1.  NO  RETAIL
DEALER  SHALL  SELL,  DELIVER, LEASE, OR TRANSFER ANY FIREARM, RIFLE, OR
SHOTGUN TO ANY RETAIL  CUSTOMER  UNLESS  SUCH  RETAIL  DEALER  HAS:  (A)
CONDUCTED  THE  REQUIRED  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK AND
COMPLIED WITH THE PROVISIONS OF 18 U.S.C. 922(T); (B) SHOWN  THE  TRANS-
FEREE  HOW  TO  LOAD  AND  UNLOAD THE FIREARM, RIFLE, OR SHOTGUN, HOW TO
ENGAGE AND DISENGAGE ALL SAFETY DEVICES, AND HOW  TO  SAFELY  STORE  THE
WEAPON;  (C)  PROVIDED  THE  TRANSFEREE  WITH  A  GUN  LOCKING DEVICE AS
REQUIRED BY SECTION THREE HUNDRED NINETY-SIX-EE  OF  THIS  CHAPTER;  (D)
PROVIDED  THE  TRANSFEREE WITH A COPY OF THE SAFE STORAGE WARNING NOTICE
SET FORTH IN SUBDIVISION TWO OF THIS SECTION AND A COPY OF  THE  FEDERAL
BUREAU  OF  ALCOHOL,  TOBACCO,  FIREARMS  AND  EXPLOSIVES DISPOSITION OF
FIREARMS NOTICE; (E) OBTAINED  THE  TRANSFEREE'S  SIGNATURE  ON  A  FORM
PROMULGATED  BY  THE  SUPERINTENDENT  CERTIFYING THAT THE TRANSFEREE HAS
RECEIVED THE INSTRUCTION AND NOTICE REQUIRED BY THIS  SECTION;  AND  (F)
PROVIDED  THE TRANSFEREE WITH A WRITTEN RECORD OF THE MAKE, MODEL, CALI-
BER OR GAUGE, AND SERIAL NUMBER  OF  EACH  FIREARM,  RIFLE,  OR  SHOTGUN
TRANSFERRED  TO  ENABLE THE TRANSFEREE TO ACCURATELY DESCRIBE THE WEAPON
TO LAW ENFORCEMENT IN THE EVENT THAT IT IS SUBSEQUENTLY LOST OR STOLEN.
  2. NO RETAIL DEALER  SHALL  SELL,  DELIVER,  LEASE,  OR  TRANSFER  ANY
FIREARM,  RIFLE,  OR  SHOTGUN  TO ANY PERSON UNLESS AT THE TIME OF SALE,
DELIVERY, LEASE, OR TRANSFER SUCH FIREARM, RIFLE, OR SHOTGUN IS ACCOMPA-
NIED BY THE FOLLOWING WARNING, WHICH SHALL  APPEAR  IN  CONSPICUOUS  AND
LEGIBLE  TYPE  IN CAPITAL LETTERS, AND WHICH SHALL BE PRINTED ON A LABEL
AFFIXED TO SUCH FIREARM, RIFLE, OR SHOTGUN AND PLACED IN  THE  CONTAINER
IN  WHICH  SUCH FIREARM, RIFLE, OR SHOTGUN IS SOLD, DELIVERED, LEASED OR
TRANSFERRED: "THE USE OF A LOCKING DEVICE OR SAFETY  LOCK  IS  ONLY  ONE
ASPECT  OF  RESPONSIBLE  FIREARM  STORAGE. FIREARMS SHOULD BE STORED AND
LOCKED IN A LOCATION THAT IS BOTH SEPARATE  FROM  THEIR  AMMUNITION  AND
INACCESSIBLE  TO  CHILDREN  AND  OTHER  UNAUTHORIZED  PERSONS. MORE THAN
200,000 FIREARMS LIKE THIS ONE ARE STOLEN FROM THEIR OWNERS  EVERY  YEAR
IN  THE  UNITED  STATES.  IN  ADDITION,  THERE  ARE MORE THAN A THOUSAND

A. 3280                             6

SUICIDES EACH YEAR BY YOUNGER CHILDREN AND TEENAGERS WHO GET  ACCESS  TO
FIREARMS. HUNDREDS MORE DIE FROM ACCIDENTAL DISCHARGE. IT IS LIKELY THAT
MANY  MORE CHILDREN SUSTAIN SERIOUS WOUNDS, OR INFLICT SUCH WOUNDS ACCI-
DENTALLY  ON  OTHERS. IN ORDER TO LIMIT THE CHANCE OF SUCH MISUSE, IT IS
IMPERATIVE THAT YOU KEEP THIS WEAPON LOCKED IN A SECURE PLACE  AND  TAKE
OTHER  STEPS  NECESSARY  TO  LIMIT THE POSSIBILITY OF THEFT OR ACCIDENT.
FAILURE TO TAKE REASONABLE PREVENTIVE STEPS MAY RESULT IN INNOCENT LIVES
BEING LOST, AND IN SOME CIRCUMSTANCES MAY RESULT IN YOUR LIABILITY."
  S 907. MAINTENANCE OF RECORDS. EVERY DEALER SHALL ESTABLISH AND  MAIN-
TAIN  SUCH  PURCHASE, SALE, INVENTORY, AND OTHER RECORDS AT THE DEALER'S
PLACE OF BUSINESS IN SUCH FORM AND FOR SUCH PERIOD AS THE SUPERINTENDENT
SHALL REQUIRE, AND SHALL SUBMIT SUCH RECORDS TO THE PISTOL PERMIT BUREAU
OF NEW YORK STATE POLICE EVERY APRIL AND OCTOBER. SUCH RECORDS SHALL  AT
A MINIMUM INCLUDE THE FOLLOWING:
  1.  EVERY  DEALER  SHALL RECORD THE MAKE, MODEL, CALIBER OR GAUGE, AND
SERIAL NUMBER OF ALL FIREARMS, RIFLES, AND SHOTGUNS THAT ARE ACQUIRED OR
DISPOSED OF NOT LATER THAN ONE BUSINESS DAY AFTER THEIR  ACQUISITION  OR
DISPOSITION.  MONTHLY  BACKUPS OF THESE RECORDS SHALL BE MAINTAINED IN A
SECURE CONTAINER DESIGNED TO PREVENT   LOSS BY  FIRE,  THEFT,  OR  OTHER
MISHAP;
  2. ALL FIREARMS, RIFLES, AND SHOTGUNS ACQUIRED BUT NOT YET DISPOSED OF
MUST  BE  ACCOUNTED  FOR  THROUGH  AN INVENTORY CHECK PREPARED ONCE EACH
MONTH AND MAINTAINED IN A SECURE LOCATION;
  3. FIREARM, RIFLE, AND SHOTGUN SALES INFORMATION, INCLUDING THE SERIAL
NUMBERS OF FIREARMS, RIFLES, AND SHOTGUNS SOLD, DATES OF SALE, AND IDEN-
TITY OF PURCHASERS, SHALL BE MAINTAINED AND MADE AVAILABLE TO GOVERNMENT
LAW ENFORCEMENT AGENCIES AND TO THE MANUFACTURER OF THE  WEAPON  OR  ITS
DESIGNEE; AND
  4. EVERY DEALER SHALL MAINTAIN RECORDS OF CRIMINAL FIREARM, RIFLE, AND
SHOTGUN  TRACES  INITIATED  BY  THE  FEDERAL BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES ("ATF"). ALL ATF FORM 4473  TRANSACTION  RECORDS
SHALL BE RETAINED ON THE DEALER'S BUSINESS PREMISES IN A SECURE CONTAIN-
ER DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISHAP.
  S 908. COOPERATION WITH LAW ENFORCEMENT. EVERY DEALER SHALL:
  1. PROVIDE GOVERNMENT LAW ENFORCEMENT AGENCIES WITH FULL ACCESS TO ANY
DOCUMENTS  RELATED  TO  THE  ACQUISITION  AND DISPOSITION OF FIREARMS OR
EMPLOYEE TRAINING DEEMED NECESSARY BY SUCH AGENCY;
  2. PARTICIPATE IN AND COMPLY WITH ALL MONITORING  OF  FIREARM,  RIFLE,
AND  SHOTGUN DISTRIBUTION BY MANUFACTURERS OR GOVERNMENT LAW ENFORCEMENT
AGENCIES;
  3. REPORT ALL ATF TRACE REQUESTS BY MAKE, MODEL, AND SERIAL NUMBER  OF
FIREARM,  DATE  OF  TRACE,  AND  DATE OF SALE TO THE MANUFACTURER OF THE
FIREARM, RIFLE, OR SHOTGUN ON A MONTHLY BASIS, UNLESS  ATF  DIRECTS  THE
LICENSEE  NOT  TO  REPORT CERTAIN TRACES, AND ALSO REPORT SUCH TRACES TO
THE SUPERINTENDENT FOR USE IN CONJUNCTION WITH THE CRIMINAL  GUN  CLEAR-
INGHOUSE ESTABLISHED PURSUANT TO SECTION TWO HUNDRED THIRTY OF THE EXEC-
UTIVE LAW;
  4.  ANALYZE  ALL  ATF  TRACE  REQUESTS TO DETERMINE WHETHER THERE IS A
PATTERN OF FIREARMS, RIFLES, OR SHOTGUNS SOLD BY THE DEALER  BEING  USED
FOR  CRIMINAL  PURPOSES,  AND,  IF  SUCH PATTERN EXISTS, TAKE CORRECTIVE
ACTION AND REPORT SUCH FINDINGS AND SUCH CORRECTIVE ACTION TO THE SUPER-
INTENDENT; AND
  5. REPORT ANY FIREARM, RIFLE, OR SHOTGUN SALES THAT APPEAR TO BE STRAW
PURCHASES OR OTHERWISE CREATE A REASONABLE SUSPICION THAT  THE  FIREARM,
RIFLE, OR SHOTGUN MAY BE DIVERTED FROM THE LEGAL STREAM OF COMMERCE.
  S 909. INTERNAL COMPLIANCE AND CERTIFICATION. 1. EVERY DEALER SHALL:

A. 3280                             7

  (A)  IMPLEMENT  AND MAINTAIN SUFFICIENT INTERNAL COMPLIANCE PROCEDURES
TO ENSURE COMPLIANCE WITH THE  REQUIREMENTS  OF  THIS  ARTICLE  AND  ALL
APPLICABLE  FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS GOVERNING THE
SALE, TRANSFER, AND DISPOSAL OF FIREARMS, RIFLES, AND SHOTGUNS; AND
  (B)  ANNUALLY  CERTIFY  TO  THE  SUPERINTENDENT  THAT  SUCH DEALER HAS
COMPLIED WITH ALL OF THE REQUIREMENTS OF THIS ARTICLE.  THE  SUPERINTEN-
DENT  SHALL  BY REGULATION DETERMINE THE FORM AND CONTENT OF SUCH ANNUAL
CERTIFICATION.
  2. THE SUPERINTENDENT OF STATE  POLICE  SHALL  PROMULGATE  REGULATIONS
ESTABLISHING  PERIODIC  INSPECTIONS,  DURING  REGULAR AND USUAL BUSINESS
HOURS, BY THE DIVISION OF STATE POLICE OF THE PREMISES OF  EVERY  DEALER
TO  DETERMINE  COMPLIANCE  BY  SUCH DEALER WITH THE REQUIREMENTS OF THIS
ARTICLE. EVERY DEALER SHALL PROVIDE THE DIVISION OF  STATE  POLICE  WITH
FULL ACCESS TO SUCH DEALER'S PREMISES FOR SUCH INSPECTIONS.
  S  910.  RULES AND REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE SUCH
ADDITIONAL RULES AND REGULATIONS AS THE SUPERINTENDENT SHALL DEEM NECES-
SARY TO PREVENT FIREARMS, RIFLES, AND SHOTGUNS FROM BEING DIVERTED  FROM
THE LEGAL STREAM OF COMMERCE.
  S  911.  VIOLATIONS.  ANY  PERSON,  FIRM, OR CORPORATION WHO KNOWINGLY
VIOLATES ANY PROVISION OF THIS ARTICLE SHALL BE  GUILTY  OF  A  CLASS  A
MISDEMEANOR  PUNISHABLE  AS  PROVIDED FOR IN THE PENAL LAW, AND SHALL BE
GUILTY OF A CLASS E FELONY FOR A SECOND VIOLATION OCCURRING WITHIN  FIVE
YEARS  OF  A  PRIOR  CONVICTION FOR A VIOLATION OF ANY PROVISION OF THIS
ARTICLE.
  S 3. Subdivision 1 of section 396-ee of the general business  law,  as
added by chapter 189 of the laws of 2000, is amended to read as follows:
  (1)  No  person, firm or corporation engaged in the retail business of
selling rifles, shotguns or firearms,  as  such  terms  are  defined  in
section  265.00  of  the  penal law, shall sell, deliver or transfer any
such rifle, shotgun or firearm to another person unless  the  transferee
is provided at the time of sale, delivery or transfer with a gun locking
device  and a label containing the quoted language specified in subdivi-
sion two of [this] section [is either] NINE HUNDRED SIX OF THIS CHAPTER,
WHICH SHALL APPEAR IN CONSPICUOUS AND LEGIBLE TYPE IN  CAPITAL  LETTERS,
AND  SHALL  BE affixed to such rifle, shotgun or firearm [or] AND placed
in the container in which such rifle, shotgun or firearm is sold, deliv-
ered or transferred. For the purposes of this  section,  the  term  "gun
locking device" shall mean an integrated design feature or an attachable
accessory  that is resistant to tampering and is effective in preventing
the discharge of such rifle, shotgun or firearm by a person who does not
have access to the key, combination or other mechanism used to disengage
the device. The division of state police shall  develop  and  promulgate
rules  and regulations setting forth the specific devices or the minimum
standards and criteria therefor which constitute an effective gun  lock-
ing device.
  S  4.  Subdivision 1 of section 400.00 of the penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
  1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then  only  after  investi-
gation  and  finding  that  all statements in a proper application for a
license are true. No license shall be issued or renewed  except  for  an
applicant  (a) twenty-one years of age or older, provided, however, that
where such applicant has  been  honorably  discharged  from  the  United
States  army,  navy,  marine  corps,  air  force  or coast guard, or the
national guard of the state of New York, no such age  restriction  shall
apply;  (b)  of  good  moral  character;  (c) who has not been convicted

A. 3280                             8

anywhere of a felony or a serious offense; (d) who has stated whether he
or she has ever suffered any mental illness  or  been  confined  to  any
hospital  or institution, public or private, for mental illness; (e) who
has  not had a license revoked or who is not under a suspension or inel-
igibility order issued pursuant to the provisions of section  530.14  of
the  criminal  procedure law or section eight hundred forty-two-a of the
family court act; (f) in the county of Westchester, who has successfully
completed a firearms safety course and test as evidenced  by  a  certif-
icate  of completion issued in his or her name and endorsed and affirmed
under the penalties of perjury by a duly authorized  instructor,  except
that:  (i)  persons  who are honorably discharged from the United States
army, navy, marine corps or coast guard, or of the national guard of the
state of New York, and produce evidence  of  official  qualification  in
firearms  during  the term of service are not required to have completed
those hours of a firearms safety course  pertaining  to  the  safe  use,
carrying,  possession,  maintenance  and  storage of a firearm; and (ii)
persons who were licensed to possess a pistol or revolver prior  to  the
effective  date  of  this paragraph are not required to have completed a
firearms safety course and test; and (g) concerning whom no  good  cause
exists  for  the  denial  of  the license. No person shall engage in the
business of gunsmith or dealer in firearms unless licensed  pursuant  to
this  section,  AND  NO PERSON SHALL ENGAGE IN THE BUSINESS OF DEALER IN
FIREARMS UNLESS SUCH PERSON COMPLIES WITH  THE  PROVISIONS  OF  ARTICLES
THIRTY-NINE-DD  AND  FORTY  OF THE GENERAL BUSINESS LAW. An applicant to
engage in such business shall also be a citizen of  the  United  States,
more  than  twenty-one  years of age and maintain a place of business in
the city or county where the license is issued. For  such  business,  if
the applicant is a firm or partnership, each member thereof shall comply
with  all  of  the requirements set forth in this subdivision and if the
applicant is a corporation, each officer thereof shall so comply.
  S 5. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
vision 11 as amended by chapter 210 of the laws of 1999 and  subdivision
12 as amended by chapter 449 of the laws of 1993, are amended to read as
follows:
  11.  License:  revocation and suspension. The conviction of a licensee
anywhere of a felony or serious offense shall operate as a revocation of
the license. A license may be revoked or suspended as  provided  for  in
section  530.14  of  the criminal procedure law or section eight hundred
forty-two-a of the family court act. Except for a license issued  pursu-
ant  to  section  400.01  of  this article, a license may be revoked and
cancelled at any time in the city of New York, and in  the  counties  of
Nassau  and Suffolk, by the licensing officer, and elsewhere than in the
city of New York by any judge or justice of a court of record; a license
issued pursuant to section 400.01 of this article  may  be  revoked  and
cancelled  at  any time by the licensing officer or any judge or justice
of a court of record.  A LICENSE TO ENGAGE IN THE BUSINESS OF DEALER MAY
BE REVOKED OR SUSPENDED FOR ANY VIOLATION OF THE PROVISIONS  OF  ARTICLE
THIRTY-NINE-DD OR FORTY OF THE GENERAL BUSINESS LAW. The official revok-
ing  a  license  shall  give  written notice thereof without unnecessary
delay to the executive department, division of state police, Albany, and
shall also notify immediately the duly constituted police authorities of
the locality.
  12. Records required of gunsmiths and dealers in  firearms.  [Any]  IN
ADDITION  TO  THE  REQUIREMENTS SET FORTH IN ARTICLES THIRTY-NINE-DD AND
FORTY OF THE GENERAL BUSINESS LAW, ANY person licensed  as  gunsmith  or
dealer  in firearms shall keep a record book approved as to form, except

A. 3280                             9

in the city of New York, by the superintendent of state police.  In  the
record  book shall be entered at the time of every transaction involving
a firearm the date, name, age, occupation and residence  of  any  person
from  whom  a firearm is received or to whom a firearm is delivered, and
the calibre, make, model, manufacturer's name and serial number,  or  if
none,  any  other  distinguishing  number or identification mark on such
firearm. Before delivering a firearm to any person, the  licensee  shall
require  him  to  produce  either  a license valid under this section to
carry or possess the same, or proof of lawful  authority  as  an  exempt
person  pursuant  to section 265.20 OF THIS CHAPTER. In addition, before
delivering a firearm to a peace officer, the licensee shall verify  that
person's  status  as  a peace officer with the division of state police.
After completing the foregoing, the licensee shall remove and retain the
attached coupon and enter in the record book the date of  such  license,
number,  if  any,  and name of the licensing officer, in the case of the
holder of a license to carry or possess, or the shield or other  number,
if  any,  assignment  and  department, unit or agency, in the case of an
exempt person. The original transaction report shall be forwarded to the
division of state police within ten days of delivering a firearm to  any
person,  and  a duplicate copy shall be kept by the licensee. The record
book shall be maintained on the premises mentioned and described in  the
license  and shall be open at all reasonable hours for inspection by any
peace officer, acting pursuant to his special duties, or police officer.
In the event of cancellation or revocation of the license  for  gunsmith
or dealer in firearms, or discontinuance of business by a licensee, such
record book shall be immediately surrendered to the licensing officer in
the  city  of  New  York, and in the counties of Nassau and Suffolk, and
elsewhere in the state to the executive department,  division  of  state
police.
  S 6. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law; provided that the superintendent of the division of
state police is authorized and directed to immediately adopt, amend, and
promulgate such rules and regulations as may be necessary and  desirable
to effectuate the purposes of section two of this act.