S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10045
 
                           I N  A S S E M B L Y
 
                               March 8, 2018
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the  executive law, the general business law and the
   penal law, in relation to the point of contact for conducting national
   instant criminal background checks
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 228 to
 read as follows:
   §  228.  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECKS. THE DIVISION IS
 HEREBY AUTHORIZED AND DIRECTED TO SERVE AS A STATE POINT OF CONTACT  FOR
 IMPLEMENTATION  OF  18 U.S.C. SEC.  922 (T), ALL FEDERAL REGULATIONS AND
 APPLICABLE GUIDELINES ADOPTED PURSUANT THERETO, AND THE NATIONAL INSTANT
 CRIMINAL BACKGROUND CHECK SYSTEM.
   1. THE DIVISION SHALL REPORT THE NAME,  DATE  OF  BIRTH  AND  PHYSICAL
 DESCRIPTION  OF ANY PERSON PROHIBITED FROM POSSESSING A FIREARM PURSUANT
 TO 18 USC 922(G) OR (N) TO  THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND
 CHECK SYSTEM INDEX, DENIED PERSONS FILES.
   2. THE SUPERINTENDENT SHALL PROMULGATE A PLAN TO COORDINATE BACKGROUND
 CHECKS  FOR  PURCHASES, INCLUDING NICS, IN NEW YORK STATE. SUCH PLAN MAY
 INCLUDE, BUT IS NOT  LIMITED  TO,  RECRUITING  AND  TRAINING  PERSONNEL,
 SETTING  UP AN INSTANTANEOUS ELECTRONIC DATABASE, AND SELECTING HOURS OF
 OPERATION.
   (A) FOLLOWING IMPLEMENTATION OF SUCH PLAN, NO APPLICATION OR RECORD OF
 SALE SHALL BE COMPLETED FOR THE PURCHASE OR TRANSFER OF A FIREARM  BY  A
 LICENSED DEALER WITHOUT FIRST CONTACTING THE DIVISION.
   (B)  UPON  ESTABLISHMENT OF SUCH PLAN, THE SUPERINTENDENT SHALL NOTIFY
 EACH PERSON, FIRM OR CORPORATION HOLDING A PERMIT TO  SELL  FIREARMS  OF
 THE  EXISTENCE  AND  PURPOSE  OF  THE SYSTEM AND THE MEANS TO BE USED TO
 APPLY FOR BACKGROUND CHECKS.
   3. ANY APPLICANT SHALL HAVE THIRTY DAYS TO  APPEAL  THE  DENIAL  OF  A
 BACKGROUND  CHECK,  USING  A FORM ESTABLISHED BY THE SUPERINTENDENT. THE
 DIVISION SHALL RESEARCH THE BACKGROUND CHECK AND PROVIDE SUCH  APPLICANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14987-01-8

 A. 10045                            2
 
 A REASON FOR A DENIAL. UPON RECEIPT OF THE REASON FOR DENIAL, THE APPEL-
 LANT MAY APPEAL TO THE ATTORNEY GENERAL.
   §  2.  Subdivision  2  of  section 898 of the general business law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   2. Before any sale, exchange or disposal pursuant to this  article,  a
 national instant criminal background check must be completed by a dealer
 who  [consents]  SHALL  CONTACT  THE DIVISION OF STATE POLICE to conduct
 such check[,  and  upon  completion  of  such  background  check,  shall
 complete  a  document, the form of which shall be approved by the super-
 intendent of state police, that identifies and confirms that such  check
 was performed].
   §  3.  Paragraph  (c)  of  subdivision 1 of section 896 of the general
 business law, as added by chapter 189 of the laws of 2000, is amended to
 read as follows:
   (c) COORDINATE WITH THE DIVISION OF STATE POLICE TO provide access  at
 the  gun  show  to  [a  firearm dealer licensed under federal law who is
 authorized to] perform a  national  instant  criminal  background  check
 [where  the  seller  or transferor of a firearm, rifle or shotgun is not
 authorized to conduct such a check by (i) requiring  firearm  exhibitors
 who  are  firearm dealers licensed under federal law and who are author-
 ized to conduct a national instant criminal background check to  provide
 such  a check at cost or (ii) designating a specific location at the gun
 show where a firearm dealer licensed under federal law who is authorized
 to conduct a national instant criminal background check will be  present
 to  perform such a check at cost] PRIOR TO ANY FIREARM SALE OR TRANSFER.
 Any firearm dealer licensed under federal law  who  [performs]  CONTACTS
 THE  DIVISION  OF  STATE  POLICE  TO PERFORM a national instant criminal
 background check pursuant to this paragraph shall provide the seller  or
 transferor  of  the  firearm, rifle or shotgun with a copy of the United
 States Department of Treasury, Bureau of Alcohol, Tobacco  and  Firearms
 Form  ATF  F 4473 and such dealer shall maintain such form and make such
 form available for inspection by law enforcement agencies for  a  period
 of ten years thereafter.
   §  4.  Subdivision  6  of section 400.03 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
   6. If the superintendent of state  police  certifies  that  background
 checks  of  ammunition  purchasers may be conducted through the national
 instant criminal background check system, [use  of  that  system  by]  a
 dealer  or  seller SHALL CONTACT THE DIVISION OF STATE POLICE TO CONDUCT
 SUCH CHECK WHICH shall be sufficient to satisfy  subdivisions  four  and
 five  of  this  section [and such checks shall be conducted through such
 system, provided that a record of such transaction shall be forwarded to
 the state police in a form determined by the superintendent].
   § 5. The penal law is amended by adding a new section 400.06  to  read
 as follows:
 § 400.06 NATIONAL INSTANT CRIMINAL BACKGROUND CHECKS.
   1.  ANY  DEALER  IN  FIREARMS THAT DELIVERS OR OTHERWISE TRANSFERS ANY
 FIREARM SHALL CONTACT THE DIVISION OF STATE POLICE TO CONDUCT A NATIONAL
 INSTANT CRIMINAL BACKGROUND CHECK.
   2. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION IS A  CLASS
 A MISDEMEANOR.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized and directed to be made
 and completed on or before such effective date.