S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2406
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, GALEF, GOTTFRIED, MOSLEY,
   SIMON, JAFFEE, BLAKE, HOOPER, BUCHWALD, ABINANTI, OTIS, STECK --  read
   once and referred to the Committee on Codes
 
 AN  ACT to amend the penal law and the general business law, in relation
   to establishing a waiting period before a firearm,  shotgun  or  rifle
   may be delivered to a person
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 12 of section  400.00  of  the  penal  law,  as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   12.  Records required of gunsmiths and dealers in firearms. Any person
 licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
 approved  as to form, except in the city of New York, by the superinten-
 dent 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  iden-
 tification  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
 AND  EITHER  (A)  THE  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
 (NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE LICENSEE,
 OR (B) TEN BUSINESS DAYS  HAVE  ELAPSED  SINCE  THE  DATE  THE  LICENSEE
 CONTACTED  NICS TO INITIATE A NATIONAL INSTATE CRIMINAL BACKGROUND CHECK
 AND NICS HAS NOT NOTIFIED THE LICENSEE THAT THE TRANSFER OF THE  FIREARM
 TO  SUCH  PERSON  SHOULD  BE  DENIED.   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01251-01-7

 A. 2406                             2
 
 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 super-
 intendent of state police  may  designate  that  such  record  shall  be
 completed  and transmitted in electronic form. A dealer may be granted a
 waiver from transmitting such records in electronic form if  the  super-
 intendent  determines that such dealer is incapable of such transmission
 due to technological limitations that  are  not  reasonably  within  the
 control  of  the dealer, or other exceptional circumstances demonstrated
 by the dealer, pursuant to a process established in regulation,  and  at
 the discretion of the superintendent. Records assembled or collected for
 purposes of inclusion in the database created pursuant to section 400.02
 of  this  article shall not be subject to disclosure pursuant to article
 six of the public officers law. 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 pursu-
 ant to his special duties, or police officer. In the event of  cancella-
 tion 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.
   § 2. The penal law is amended by adding a new section 400.20  to  read
 as follows:
 § 400.20 WAITING  PERIOD  IN  CONNECTION  WITH THE SALE OR TRANSFER OF A
            RIFLE OR SHOTGUN.
   WHEN A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK IS REQUIRED PURSUANT
 TO STATE OR FEDERAL LAW TO BE CONDUCTED  THROUGH  THE  NATIONAL  INSTANT
 CRIMINAL  BACKGROUND  CHECK SYSTEM (NICS) OR ITS SUCCESSOR IN CONNECTION
 WITH THE SALE OR TRANSFER OF A RIFLE OR SHOTGUN TO  ANY  PERSON,  BEFORE
 DELIVERING A RIFLE OR SHOTGUN TO SUCH PERSON, EITHER (A) NICS HAS ISSUED
 A  "PROCEED"  RESPONSE  TO THE SELLER OR TRANSFEROR, OR (B) TEN BUSINESS
 DAYS SHALL  HAVE  ELAPSED  SINCE  THE  DATE  THE  SELLER  OR  TRANSFEROR
 CONTACTED  NICS TO INITIATE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
 AND NICS HAS NOT NOTIFIED THE SELLER OR TRANSFEROR THAT THE TRANSFER  OF
 THE RIFLE OR SHOTGUN TO SUCH PERSON SHOULD BE DENIED.
   §  3.  Subdivision  1  of  section 897 of the general business law, as
 added by chapter 189 of the laws of 2000, is amended to read as follows:
   1. A national instant criminal background check shall be conducted and
 no person shall sell or transfer a firearm, rifle or shotgun  at  a  gun
 show,  except  in  accordance  with  the provisions of 18 U.S.C. 922(t),
 PROVIDED THAT BEFORE DELIVERING A  FIREARM,  RIFLE  OR  SHOTGUN  TO  ANY
 PERSON, EITHER (A) THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
 (NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE SELLER OR
 TRANSFEROR,  OR  (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED SINCE THE DATE
 THE SELLER OR TRANSFEROR CONTACTED NICS TO INITIATE A  NATIONAL  INSTANT
 CRIMINAL  BACKGROUND  CHECK  AND  NICS  HAS  NOT  NOTIFIED THE SELLER OR
 TRANSFEROR THAT THE TRANSFER OF THE FIREARM, RIFLE OR  SHOTGUN  TO  SUCH
 PERSON SHOULD BE DENIED.
   §  4. Subdivisions 1 and 2 of section 898 of the general business law,
 as added by chapter 1 of the laws  of  2013,  are  amended  to  read  as
 follows:

 A. 2406                             3
 
   1.  In addition to any other requirements pursuant to state and feder-
 al  law,  all sales, exchanges or disposals of firearms, rifles or shot-
 guns shall be conducted in accordance  with  this  section  unless  such
 sale, exchange or disposal is conducted by a licensed importer, licensed
 manufacturer  or licensed dealer, as those terms are defined in 18 USC §
 922, when such sale, exchange or disposal is conducted pursuant to  that
 person's  federal firearms license or such sale, exchange or disposal is
 between members of  an  immediate  family.  WHEN  A  SALE,  EXCHANGE  OR
 DISPOSAL  IS  CONDUCTED PURSUANT TO A PERSON'S FEDERAL FIREARMS LICENSE,
 BEFORE DELIVERING A FIREARM, RIFLE OR SHOTGUN TO ANY PERSON, EITHER  (A)
 THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND  CHECK SYSTEM (NICS) OR ITS
 SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE FEDERAL FIREARMS LICEN-
 SEE, OR (B) TEN BUSINESS DAYS SHALL HAVE  ELAPSED  SINCE  THE  DATE  THE
 FEDERAL  FIREARMS LICENSEE CONTACTED NICS TO INITIATE A NATIONAL INSTANT
 CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE FEDERAL FIREARMS
 LICENSEE THAT THE TRANSFER OF THE FIREARM,  RIFLE  OR  SHOTGUN  TO  SUCH
 PERSON SHOULD BE DENIED.  For purposes of this section, "immediate fami-
 ly" shall mean spouses, domestic partners, children and step-children.
   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 to conduct such check, and upon completion  of  such  back-
 ground  check,  shall  complete  a  document, the form of which shall be
 approved by the superintendent of  state  police,  that  identifies  and
 confirms that such check was performed.  BEFORE A DEALER WHO CONSENTS TO
 CONDUCT A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK DELIVERS A FIREARM,
 RIFLE  OR  SHOTGUN  TO  ANY  PERSON,  EITHER (A) NICS ISSUED A "PROCEED"
 RESPONSE TO THE DEALER, OR (B) TEN  BUSINESS  DAYS  SHALL  HAVE  ELAPSED
 SINCE  THE DATE THE DEALER CONTACTED NICS TO INITIATE A NATIONAL INSTANT
 CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE DEALER THAT  THE
 TRANSFER  OF  THE  FIREARM,  RIFLE  OR  SHOTGUN TO SUCH PERSON SHOULD BE
 DENIED.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.