S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9068
 
                           I N  A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 Introduced  by  M. of A. FAHY -- 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 2018, 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 2018".
   § 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.
   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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02944-04-7

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 § 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.
   (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

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 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.
   § 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

 A. 9068                             4
 
 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.