S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3438
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by M. of A. KAVANAGH, ORTIZ, MOSLEY, ARROYO, PAULIN, WEPRIN,
   PICHARDO, STECK -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  enacting  the  effective
   background  check  act  of 2017, in relation to establishing a ten day
   period for background checks for the purchase of a firearm, rifle,  or
   shotgun,  and  in relation to requiring gunsmiths or 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, rifles, or shotguns
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "effective
 background check act of 2017".
   § 2. The penal law is amended by adding a new section 400.20  to  read
 as follows:
 § 400.20 TIME  PERIOD  FOR  A BACKGROUND CHECK FOR SALE OR TRANSFER OF A
            FIREARM, RIFLE, OR SHOTGUN.
   1. WHENEVER FEDERAL OR STATE LAW REQUIRES THAT A BACKGROUND  CHECK  BE
 CONDUCTED  THROUGH THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
 IN ACCORDANCE WITH THE PROVISIONS OF 18 U.S.C.  922(T)  BEFORE  SALE  OR
 TRANSFER  OF A FIREARM, RIFLE, OR SHOTGUN, NO PERSON SHALL COMPLETE SUCH
 SALE OR TRANSFER UNLESS:
   A. THE SYSTEM PROVIDES A UNIQUE IDENTIFICATION NUMBER PURSUANT  TO  18
 U.S.C.  922(T)(1)(B)(I),  INDICATING THAT THERE IS NO INFORMATION IN THE
 SYSTEM THAT WOULD DISQUALIFY THE APPLICANT FROM RECEIVING OR  POSSESSING
 A FIREARM, RIFLE, OR SHOTGUN; OR
   B.  TEN  BUSINESS DAYS, AS DEFINED IN 18 U.S.C. 922(T)(1)(B)(II), HAVE
 ELAPSED FROM THE DATE SUCH BACKGROUND CHECK WAS INITIATED BY  CONTACTING
 THE  SYSTEM,  AND  THE  SYSTEM  HAS  NOT INDICATED THAT THE APPLICANT IS
 DISQUALIFIED FROM RECEIVING OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02944-01-7
              

 A. 3438                             2
 
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  A  VIOLATION  OF  THIS
 SECTION SHALL BE A CLASS A MISDEMEANOR.
   §  3.  Section 265.17 of the penal law, as amended by chapter 1 of the
 laws of 2013, is amended to read as follows:
 § 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, RIFLES, OR SHOTGUNS 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, OR THROUGH A SALE, EXCHANGE, OR DISPOSAL AS PROVIDED
 IN  SECTION EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL BUSINESS LAW, IF A
 BACKGROUND CHECK SUCH GUNSMITH OR DEALER  CONDUCTS  IN  CONNECTION  WITH
 SUCH  ATTEMPTED  PURCHASE,  IN  THE NATIONAL INSTANT CRIMINAL BACKGROUND
 CHECK SYSTEM OR ANY SUCCESSOR SYSTEM, INDICATES A "DENIED"  RESPONSE  AS
 DEFINED IN 28 C.F.R. § 25.6. SUCH GUNSMITH OR DEALER 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 COMMIS-
 SIONER, OF HAVING MADE EACH REPORT REQUIRED BY THIS SUBDIVISION.
   Criminal purchase or disposal of a weapon is a class D felony.
   § 4. Section 400.00 of the penal law is amended by adding a new subdi-
 vision 12-b to read as follows:
   12-B. EMPLOYEES OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR  SHOT-
 GUNS.    (A)  NO  PERSON  SHALL  BE  EMPLOYED BY A GUNSMITH OR DEALER IN
 FIREARMS, RIFLES, OR SHOTGUNS FOR DUTIES THAT INCLUDE HANDLING, SELLING,
 OR OTHERWISE DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, IF SUCH  PERSON
 IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS, RIFLES, OR SHOTGUNS
 UNDER FEDERAL LAW OR IF SUCH PERSON WOULD BE INELIGIBLE FOR A LICENSE TO
 POSSESS  FIREARMS,  RIFLES,  OR  SHOTGUNS  UNDER PARAGRAPH (C) OR (E) OF
 SUBDIVISION ONE OF THIS SECTION.
   (B) NO GUNSMITH OR DEALER  IN  FIREARMS,  RIFLES,  OR  SHOTGUNS  SHALL
 EMPLOY  A  PERSON  WHOSE  DUTIES INCLUDE HANDLING, SELLING, OR OTHERWISE
 DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, UNLESS: (I) SUCH  PERSON  IS
 EIGHTEEN  YEARS  OF  AGE  OR OLDER AND HAS BEEN ISSUED AN EMPLOYEE BACK-
 GROUND CHECK 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;
 OR (III) SUCH PERSON IS A POLICE OFFICER AS DEFINED IN SUBDIVISION THIR-
 TY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.

 A. 3438                             3
 
   (C) APPLICATIONS FOR EMPLOYEE BACKGROUND CHECK CERTIFICATES  SHALL  BE
 SUBMITTED  BY  THE  APPLICANT'S  PROSPECTIVE EMPLOYER TO THE DIVISION OF
 CRIMINAL JUSTICE SERVICES IN A FORM APPROVED BY SUCH DIVISION.  APPLICA-
 TIONS  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  EMPLOYEE  BACKGROUND  CHECK
 CERTIFICATE,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A
 BACKGROUND CHECK OF THE APPLICANT IN THE NATIONAL INSTANT CRIMINAL BACK-
 GROUND CHECK SYSTEM. IF THE RESULTS OF  THE  BACKGROUND  CHECK  INDICATE
 THAT  THERE  IS  NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
 RECEIVING OR POSSESSING A FIREARM, RIFLE,  OR  SHOTGUN  UNDER  STATE  OR
 UNDER FEDERAL LAW, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DOCU-
 MENT  SUCH  RESULT  ON  AN EMPLOYEE BACKGROUND CHECK CERTIFICATE. IF THE
 BACKGROUND CHECK RESULTS IN A "DELAYED"  RESPONSE  AS  DESCRIBED  IN  28
 C.F.R. § 25.6, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL NOT ISSUE
 AN  EMPLOYEE BACKGROUND CHECK CERTIFICATE 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 EMPLOYEE  BACKGROUND  CHECK  CERTIFICATE,  WHICH  SHALL
 CERTIFY  THAT  A  BACKGROUND  CHECK  WAS CONDUCTED ON THE HOLDER OF SUCH
 CERTIFICATE AND THAT THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND  CHECK
 SYSTEM  INDICATED  THAT THERE WAS NO INFORMATION IN THE SYSTEM AS OF THE
 DATE OF THE BACKGROUND CHECK THAT WOULD DISQUALIFY  THE  APPLICANT  FROM
 RECEIVING  OR POSSESSING A FIREARM, RIFLE, OR SHOTGUN.  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, RIFLES,  OR  SHOT-
 GUNS THAT ARE LAWFULLY POSSESSED, SOLD OR DISPOSED OF BY THE GUNSMITH OR
 DEALER  IN  FIREARMS,  RIFLES,  OR  SHOTGUNS ONLY WHILE SUCH EMPLOYEE IS
 ACTUALLY CONDUCTING BUSINESS ON BEHALF OF  THE  GUNSMITH  OR  DEALER  IN
 FIREARMS, RIFLES, OR SHOTGUNS NOTWITHSTANDING THE FACT THAT SUCH WEAPONS
 MAY  NOT BE THE TYPE THE EMPLOYEE WOULD OTHERWISE BE LICENSED OR AUTHOR-
 IZED TO POSSESS UNDER NEW YORK LAW. WHEN AN EMPLOYEE IS CONDUCTING BUSI-
 NESS ON BEHALF OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR  SHOTGUNS
 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
 CERTIFICATE OR VALID LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION
 OR  SECTION  400.01  OF THIS ARTICLE OR PROOF THAT HE OR SHE IS A POLICE
 OFFICER.  A COPY OF SUCH CERTIFICATE OR LICENSE OR PROOF THAT AN EMPLOY-
 EE IS A POLICE OFFICER SHALL BE MAINTAINED BY THE GUNSMITH OR DEALER  IN
 FIREARMS, RIFLES, OR SHOTGUNS ON THE PREMISES WHERE SUCH EMPLOYEE WORKS.
 ALL  CERTIFICATES, LICENSES, OR PROOF THAT AN EMPLOYEE IS A POLICE OFFI-
 CER 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, RIFLE OR RIFLES,
 OR SHOTGUN OR SHOTGUNS, FROM ONE LOCATION TO ANOTHER WITHIN THE PREMISES
 OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS.
   (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, RIFLES, OR SHOTGUNS.

 A. 3438                             4

   § 5. 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 employee background check certificates to
 be submitted to and approved by such division and for certificates to be
 issued  by  such division pursuant to subdivision 12-b of section 400.00
 of the penal law as added by section four 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.