Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 |
referred to codes |
Jan 12, 2015 |
referred to codes |
Senate Bill S1348
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-S1348 (ACTIVE) - Details
2015-S1348 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1348 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
2015-S1348 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1348 2015-2016 Regular Sessions I N S E N A T E January 12, 2015 ___________ Introduced by Sen. PERALTA -- 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 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. (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE APPLICANT'S PROSPECTIVE EMPLOYER TO THE DIVISION OF CRIMINAL JUSTICE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00254-01-5
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