NY State Senate Bill 2017-S1414

Senate Bill S1414

2017-2018 Legislative Session

Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 09, 2017	referred to codes

co-Sponsors

2017-S1414 (ACTIVE) - Details

See Assembly Version of this Bill:: A2406
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, add §400.20, Pen L; amd §§897 & 898, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7596, A9433
2019-2020: S2374, A2690

2017-S1414 (ACTIVE) - Summary

Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person; requires either the National Instant Criminal Background Check System (NICS) or its successor has issued a "proceed" response to the licensee, or ten business days have elapsed since the date the licensee, seller, transferor or dealer contacted NICS to initiate a national instant criminal background check and NICS has not notified the licensee, seller, transferor or dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.

2017-S1414 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1414

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

To extend the period of time in which a licensed firearm dealer can
deliver a firearm without a "proceed" response from the National
Instant Criminal Background Check System from 3 days to 10 days.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends section 400.00(12) of the penal law to
provide that before a licensed firearms dealer delivers a firearm to
another person, the National Instant Criminal Background Check System
(NICS) must have issued a proceed response to the dealer or ten
business days must have elapsed without NICS notifying the dealer that
the transfer of the firearm in the transaction should be denied.

Section 2 of the bill adds a new section 400.20 to the penal law to
provide that when a rifle or shotgun sale or transfer occurs, NICS
must have issued a proceed response or ten business days must have

elapsed without NICS notifying the seller or transferor that the
person should be denied the rifle or shotgun.

Section 3 of the bill amends section 897 of the general business law

 JUSTIFICATION :

As provided under federal law, background checks for the sale or
transfer of firearms are conducted through the FBI's National Instant
Criminal Background Check System (NICS). If the buyer or recipient of
the firearm passes the background check, the NICS issues a "proceed"
response, that the sale or transfer of the firearm can continue. If
there is any delay in the background check or the FBI needs to obtain
further information about the buyer, the FBI has three business days
to complete the background check. If the background check has not been
completed within the three day period, the firearm dealer may proceed
with the transaction, known as a "default proceed." This default
proceed loophole was the cause of a mass shooting at a church in
Charleston, South Carolina when the background check was not completed
within three days due to a local clerical error. This bill would
extend the waiting period from three days to ten days before the
default proceed on the transaction can take place.

 PRIOR LEGISLATIVE HISTORY :

2015-16: A9433 (Paulin)

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
takes effect on the sixtieth day after it becomes law

2017-S1414 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1414
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed 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
 attached coupon and enter in the record book the date of  such  license,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01251-01-7

 S. 1414                             2
 
 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:

 S. 1414                             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.

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Senate Bill S1414

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

David Carlucci

Jesse Hamilton

Brian Kavanagh

Shelley B. Mayer

2017-S1414 (ACTIVE) - Details

2017-S1414 (ACTIVE) - Summary

2017-S1414 (ACTIVE) - Sponsor Memo

2017-S1414 (ACTIVE) - Bill Text download pdf

Comments