NY State Senate Bill 2015-S2389

Senate Bill S2389

2015-2016 Legislative Session

Prohibits the purchase of more than 1 firearm during any period of 30 days and implements a 10-day waiting period

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 22, 2015	referred to codes

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2015-S2389 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§265.50 & 400.15, amd §§265.20, 265.17 & 400.00, Pen L; add Art 38-B §§825 - 828, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7132
2017-2018: S2476
2019-2020: S1275

2015-S2389 (ACTIVE) - Summary

Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more than 1 firearm during any period of 30 days; implements a 10-day waiting period.

2015-S2389 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2389

TITLE OF BILL:  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 establishing 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

PURPOSE:

The purpose of this act is to impose a 10-day waiting period prior to
the sale of any firearm, to prohibit the purchase of more than 1
firearm during any period of 30-days, to require licensed gunsmiths or
firearms dealers to report to law enforcement any instance in which a
would-be purchaser of a firearm fails a background check through the
National Instant Criminal Background Check System (NICS), and to
require that all employees for gunsmiths or dealers whose duties
include handling, selling, or otherwise disposing of firearms pass
such a background check, thus: (a) improving public safety by giving
law enforcement officials sufficient time to conduct a background
check on prospective purchasers; (b) eliminating opportunities for
impulsive acts of violence; (c) helping to prevent gun traffickers
from buying guns in bulk and reselling them to prohibited purchasers;
(d) reducing the number of guns entering the illegal market; and (e)

stemming the illegal flow of firearms between states.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the Penal Law by adding a new section
265.50. The proposed legislation establishes the crime of unlawful
procurement of a firearm when: (i) He/She purchases or takes
possession of more than one firearm from any dealer in firearms during
any 30-day period; or (ii) Being a firearms dealer, he/she sells or
transfers a firearm to any person who has purchased or taken
possession of a firearm during the previous 30-days. Unlawful
procurement of a firearm is a class A misdemeanor.

Section 2 of the bill amends Section 265.20 of the Penal Law by adding
a new subdivision f, providing exemptions to the crime of unlawful
procurement of a firearm.

Section 3 of the bill amends the Penal Law by adding a new section
400.15. The proposed legislation requires: (i) 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 (DCJS); (ii) Upon receipt of the approval, the dealer in
firearms shall record and report such sale to DCJS within 24 hours.

Section 4 of the bill adds a new Article 38-B to the General Business
Law in relation to establishing a waiting period for the purchase of a
firearm.

*Section 825 defines certain terms.


*Section 826 provides that no firearms dealer shall deliver any
firearm, and no such person shall take possession of any firearm from
a dealer in firearms unless: (a) ten days have elapsed from the date
such seller initiated the national instant background check of the
purchaser; and (b) such dealer received notice that the purchaser has
passed all background checks required by federal, state and local law.

*Section 827 provides exemptions to the article.

*Section 828 provides that a violation of the article shall be a class
A misdemeanor.

Section 5 of the bill amends Section 265.17 of the Penal Law by
re-designating the existing paragraphs as subdivisions 1(a) and 1(b)
and adding a new subdivision 2 requiring licensed gunsmiths and
firearms dealers to report to police whenever a would-be purchaser of
a firearm fails a background check through National Instant Criminal
Background Check System (NICS).

Section 6 of the bill amends section 400.00 of the Penal Law by adding
a new subdivision 12-b that would: ban anyone otherwise prohibited
from possessing a firearm from being employed by a gunsmith or
firearms dealer in a job that involves handling or selling firearms;
subject such employees to background checks through NICS; require the
Division of Criminal Justice Services (DCJS) to issue qualifying
employees an employment certificate, after review of the application
using NICS. If DJCS receives a negative response from NICS for any
employee, the dealer would 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
months of the effective date of this bill. The employment certificate
would be invalidated upon termination of employment. Any employment in
violation of this subdivision shall constitute a violation on the part
of both the employee and the firearms dealer.

Section 7 of the bill sets forth the effective date.

JUSTIFICATION:

Laws imposing a waiting period prior to the sale of a firearm give law
enforcement officials adequate time to perform a thorough background
check on the prospective purchaser, and provide a 'cooling off' period
to help guard against impulsive acts of violence.

There is no federal waiting period. Under federal law, a dealer may
transfer a firearm to a prospective purchaser as soon as he or she
passes a background check. If the Federal Bureau of Investigation
(FBI) is unable to complete a background check within three business
days, the dealer may complete the transfer by default.

In 2007, the FBI was unable to complete a background check within
three business days for over 134,000 firearm transactions, and such
agency determined that at least 355 ineligible persons had been sold
firearms by default within that year. FBI investigations of prohibited
purchasers who were allowed to buy firearms by default typically take
25 days to complete. As a result, the FBI has recommended extending
the maximum time allowed for conducting background checks to allow


more time to complete such checks and to reduce the number of
prohibited purchasers who are able to purchase firearms by default.

The American public overwhelmingly supports laws imposing a waiting
period prior to the sale of a firearm. A nationwide poll conducted in
June 2008 found that 86% of Americans favor waiting period laws.

Federal law does not limit the number of guns a person may buy in any
given time period. Studies show that firearms sold in multiple sales
to the same individual purchaser are frequently used in crime. ATF
crimegun-trace data revealed that 22% of all handguns recovered in
1999 had been transferred to a purchaser involved in a multiple sale.
Crime gun trace data from 2000 showed that 20% of all retail handguns
recovered in crime were purchased as part of a multiple sale.

The American public strongly supports laws limiting the number of guns
that may be purchased at one time. A national poll conducted for
Mayors Against Illegal Guns in the spring of 2008 found that 65% of
Americans favor limiting the number of handguns an individual is
allowed to purchase to one gun per month.

Under current law, licensed firearms dealers are required to conduct
criminal background checks through the DCJS on prospective purchasers
of firearms. However, while the dealers themselves are required to be
licensed, their employees, who have access to the firearms on a daily
basis, are not required to undergo any type of pre-employment
examination.

This legislation would correct this anomaly by requiring the DCJS to
administer background checks of all new employees through NICS. Since
dealers routinely perform these checks multiple times a day for
purchasers, the bill will not impose a meaningful new burden.
However, it will help to ensure those ineligible to purchase firearms
are not handling or selling them.

LEGISLATIVE HISTORY:

New bill combining elements of the following bills.

2013: Senate Bill 572A (Gianaris) - Referred to Senate Codes Committee
2013: Senate Bill 572: (Gianaris) - Died in Senate Codes Committee
2012: Senate Bill 7834 (Gianaris) - Died in Senate Rules Committee
2013: Assembly Bill 3186A (Kavanagh) - Referred to Assembly Codes
Committee
2013: Assembly Bill 3186 (Kavanagh) - Died in Assembly Codes Committee
2013: Assembly Bill 3181 (Kavanagh) - Referred to Assembly Codes
Committee
2012: Senate Bill 7835 (Gianaris) - Died in Senate Rules Committee
2013: Senate Bill 517 (Gianaris) - Referred to Consumer Protection
2013: A192 (Kavanagh) - Referred to Assembly Codes Committee
2012: A10625 (Kavanagh) - Referred to Assembly Codes Committee
2010: A05696D (Kavanagh) - Third Reading
2009: A056963 (Kavanagh) - Third Reading

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

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.

2015-S2389 (ACTIVE) - Bill Text download pdf

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

                                  2389

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens.  GIANARIS,  ESPAILLAT,  HOYLMAN, KRUEGER, SAMPSON,
  SQUADRON, STAVISKY -- 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 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03254-01-5

S. 2389                             2

  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;
  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

S. 2389                             3

  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:
  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:

S. 2389                             4

  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
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,

S. 2389                             5

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.
  (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.

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Senate Bill S2389

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Sponsored By

Michael Gianaris

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Adriano Espaillat

Brad Hoylman-Sigal

Liz Krueger

Daniel L. Squadron

2015-S2389 (ACTIVE) - Details

2015-S2389 (ACTIVE) - Summary

2015-S2389 (ACTIVE) - Sponsor Memo

2015-S2389 (ACTIVE) - Bill Text download pdf

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