NY State Senate Bill 2017-S3041

Archive: Last Bill Status - In Senate Committee Consumer Protection 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 consumer protection
Jan 19, 2017	referred to consumer protection

co-Sponsors

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2017-S3041 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 38-B §§825 - 828, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7835
2013-2014: S571
2015-2016: S2441
2019-2020: S1831
2021-2022: S1235
2023-2024: S4818

2017-S3041 (ACTIVE) - Summary

Establishes a 10 day waiting period for the purchase of any firearm; violations of such provisions shall constitute a class A misdemeanor.

2017-S3041 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3041

 TITLE OF BILL :  An act to amend the general business law, in
relation to establishing a waiting period for the purchase of a
firearm

 PURPOSE :

The purpose of this legislation is to impose a 10-day waiting period
prior to the sale of any firearm as a means to improve public safety
by giving law enforcement officials sufficient time to conduct a
background check on prospective purchasers, and by eliminating
opportunities for impulsive acts of violence.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds a new Article 38-B to the General Business
Law in relation to establishing a waiting period for the purchase of a
firearm.

*section 825 defines certain terms.

*Section 826 provides that no dealer in firearms shall deliver any
firearm, and no such person shall take possession of any firearm from
a dealer in firearms unless: (a) ten days have elapsed from the date
such seller initiated the national instant background check of the

purchaser; and (b) such dealer received notice that the purchaser has
passed all background checks required by federal, state and local law.

*Section 827 provides exemptions to the article.

*Section 828 provides that a violation of the article shall be a class
A misdemeanor.

Section 2 provides the effective date.

 JUSTIFICATION :

Laws imposing a waiting period prior to the sale of a firearm give law
enforcement officials adequate time to perform a thorough background
check on the prospective purchaser, and provide a 'cooling off' period
to help guard against impulsive acts of violence.

There is no federal waiting period. Under federal law, a dealer may
transfer a firearm to a prospective purchaser as soon as he or she
passes a background check. If the Federal Bureau of Investigation
(FBI) is unable to complete a background check within three business
days, the dealer may complete the transfer by default.

In 2007, the FBI was unable to complete a background check within
three business days fox over 134,000 firearm transactions, and such
agency determined that at least 355 ineligible persons had been sold
firearms by default within that year. FBI investigations of prohibited
purchasers who were allowed to buy firearms by default typically take
25 days to complete. As a result, the FBI has recommended extending
the maximum time allowed for conducting background checks to allow
more time to complete such checks and to reduce the number of
prohibited purchasers who are able to purchase firearms by default.

The American public overwhelming supports laws imposing a waiting
period prior to the sale of a firearm. A nationwide poll conducted in
June, 2008 found that 86% of Americans favor such laws.

The purpose of this legislation is to impose a-10-day waiting period
prior to the sale of any firearm as a means to improve public safety
by giving law enforcement officials sufficient time to conduct a
background check on prospective purchasers, and by eliminating
opportunities for impulsive acts of violence.

 LEGISLATIVE HISTORY :

2016: Died in Consumer Protection
2015: Died in Consumer Protection
2014: Senate Bill 571 (Gianaris) - Died in Senate Codes Committee
2012: Senate Bill 7835 (Gianaris) - Died in Senate Rules Committee

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The first of January next succeeding the date on which it shall become
a law.

2017-S3041 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3041
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, KRUEGER, MONT-
   GOMERY, PERKINS, RIVERA, SERRANO, SQUADRON, STAVISKY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Consumer Protection
 
 AN  ACT to amend the general business law, in relation to establishing a
   waiting period for the purchase of a firearm
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 38-B to read as follows:
                               ARTICLE 38-B
                      WAITING PERIOD FOR PURCHASE OF
                                 FIREARMS
 SECTION 825. DEFINITIONS.
         826. WAITING PERIOD.
         827. EXEMPTIONS.
         828. PENALTY.
   § 825. DEFINITIONS. AS USED IN THIS SECTION:
   1.   "DEALER IN FIREARMS" HAS THE SAME MEANING AS THAT TERM IS DEFINED
 IN SUBDIVISION NINE OF SECTION 265.00 OF THE PENAL LAW.
   2. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
 SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   §  826.  WAITING  PERIOD.  NO  DEALER  IN  FIREARMS  SHALL DELIVER ANY
 FIREARM, AND NO PERSON SHALL TAKE POSSESSION OF ANY FIREARM FROM A DEAL-
 ER IN FIREARMS UNLESS:
   1. TEN DAYS HAVE ELAPSED FROM  THE  DATE  SUCH  DEALER  INITIATED  THE
 NATIONAL  INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER AS REQUIRED
 BY 18 U.S.C. § 922(T), AFTER  RECEIVING  A  COMPLETED  FEDERAL  FIREARMS
 TRANSACTION RECORD, FORM 4473, FROM THE PURCHASER; AND
   2.  SUCH  DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS PASSED ALL
 BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07016-01-7

 S. 3041                             2
 
   § 827. EXEMPTIONS. SECTION EIGHT HUNDRED TWENTY-SIX  OF  THIS  ARTICLE
 SHALL NOT APPLY TO:
   1.  ANY  LAW  ENFORCEMENT OR CORRECTIONAL AGENCY, OR POLICE OFFICER OR
 CORRECTIONS OFFICER ACTING WITHIN THE COURSE OR  SCOPE  OF  HIS  OR  HER
 EMPLOYMENT;
   2.  ANY  FEDERAL  OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS OR CARRY A
 FIREARM IN THE COURSE OF HIS OR HER DUTIES, AND ANY MEMBER OF THE  ARMED
 FORCES OF THE UNITED STATES OR THE NATIONAL GUARD;
   3.  ANY  MANUFACTURER,  DISTRIBUTOR  OR DEALER OF FIREARMS WHEN TRANS-
 FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER;
   4. ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL  LAW,
 RECEIVING A FIREARM FOR SERVICE OR REPAIR; AND
   5.  ANY  COMMON  CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
 BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS.
   § 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
 SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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Senate Bill S3041

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2017-S3041 (ACTIVE) - Details

2017-S3041 (ACTIVE) - Summary

2017-S3041 (ACTIVE) - Sponsor Memo

2017-S3041 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3041

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2017-S3041 (ACTIVE) - Details

2017-S3041 (ACTIVE) - Summary

2017-S3041 (ACTIVE) - Sponsor Memo

2017-S3041 (ACTIVE) - Bill Text download pdf

Comments