NY State Senate Bill 2017-S8172

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2018	referred to finance

2017-S8172 (ACTIVE) - Details

See Assembly Version of this Bill:: A10045
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §228, Exec L; amd §§896 & 898, Gen Bus L; amd §400.03, add §400.06, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A4380
2021-2022: A930

2017-S8172 (ACTIVE) - Summary

Relates to the point of contact for conducting national instant criminal background checks; authorizes and directs the division of state police to serve as the point of contact for implementation of 18 U.S.C. sec. 922(t).

2017-S8172 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8172

SPONSOR: AVELLA
 
TITLE OF BILL:  An act to amend the executive law, the general busi-
ness law and the penal law, in relation to the point of contact for
conducting national instant criminal background checks

 
PURPOSE:

To make New York a point of contact state for the National Instant Crim-
inal Background Check System. SUMMARY OF PROVISIONS:

Section one amends the executive law to add a new section 228 that
authorizes and directs the state police to serve as the point of contact
for implementation of the National Instant Criminal Background Check
System (NICS), and sets forth requirements for implementation including
for appeal.

Section two amends subdivision 2 of section 898 of the general business
law to require gun dealers to contact the state police to conduct a
background check.

Section three amends paragraph (c) of subdivision 1 of section 896 of
the general business law to require coordination with state police to
provide access to NICS checks at gun shows.

Section four amends subdivision 6 of section 400.03 of the penal law to
provide that the state police should be contacted to conduct background
checks for the sale of ammunition, should that requirement take effect.

Section five amends the penal law by adding a new section 400.06, which
provides that all firearms dealers must contact the state police to,
conducts a NICS check, and failure to do so is a class A misdemeanor.

Section six provides the effective date.

 
JUSTIFICATION:

Gun violence is tearing apart communities throughout America. We must
take steps to ensure that guns are kept out of the hands of those who
are prohibited from acquiring them. Backgrounds checks for gun purchases
in New York are currently completed by contacting the federal government
for a check through the National Instant Criminal Background Check
System (NICS). Putting the New York State Police in charge of background
checks will strengthen the role of law enforcement in this area. New
York State must become a point of contact state to increase accuracy,
efficiency and control of background checks on gun purchases in New
York, in order to create greater safety for New Yorkers.

Currently 13 states are full point of contact states and 7 states are
partial point of contact states for NICS background checks, and log the
27,538,673 background checks processed through the NICS in 2016, the
NICS Section processed 9,360,833 transactions, and state users processed
18,177,840 transactions."* This reveals that states actually process the
majority of NICS checks. When states assume point of contact status for
NICS, the states can assert greater control over the process of complet-
ing the checks.**


The United States Attorney General has recognized that there is a prob-
lem with inaccurate reporting of records.*** According to the Giffords
Law Center to Prevent Gun Violence, states are often in a better posi-
tion to locate necessary information as well as to encourage increased
reporting of records for a more thorough and accurate check.

In addition, based on conversations with police in other states, it is
clear that New York State Police would have greater access to the infor-
mation about those individuals denied gun purchases if the police were
to process the denials. Law enforcement could then respond to incidents
more quickly, and recognize trends in gun usage more efficiently.****

Making New York a point of contact state for NICS will result in a safer
environment for New Yorkers. The New York State Police is uniquely situ-
ated to coordinate background checks with local police, who are often
already conducting background checks for licenses, and managing informa-
tion. Overall, New York will have greater efficiency and access to
information, especially as New York has recently entered into a Gun Pact
with states such as New Jersey and Connecticut, which are both point of
contact states, and Rhode Island, where the state police conducts its
own background check for each purchase of a firearm. Becoming a point of
contact state will allow New York to increase control, accuracy, effi-
ciency of background checks on firearm purchases, in order to improve
safety from gun violence.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.
*National Instant Criminal Background Check System INICS) Operations
Report 2016 at iii, 3.
**See Giffords Law Center to Prevent Gun Violence,
http://lawcenter.giffords.org/gun-laws/policy-areas/ background-
checks/nics-reporting-procedures/.
***See Memorandum from Attorney General Jeff Sessions to the Director of
the FBI and Acting Director of the ATF (Nov. 22, 2017)
https://www.justice.gov/opa/pressrelease/file/1013606/ down-
load?utm_medium=email &utm_source=govdelivery.
****See also Jane C. Tim, How Pennsylvania created a model gun back-
ground check system, (Nov. 25, 2017) https://www.google.com/a m
p/s/www.nbcnews.co m/politics/politics-news/a m p/howpennsylva nia-
created-mode 1-gun -backgrou nd-check-system-n822026

2017-S8172 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8172
 
                             I N  S E N A T E
 
                              April 13, 2018
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, the  general  business  law  and  the
   penal law, in relation to the point of contact for conducting national
   instant criminal background checks
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 228 to
 read as follows:
   § 228. NATIONAL INSTANT CRIMINAL BACKGROUND CHECKS.  THE  DIVISION  IS
 HEREBY  AUTHORIZED AND DIRECTED TO SERVE AS A STATE POINT OF CONTACT FOR
 IMPLEMENTATION OF 18 U.S.C. SEC.  922 (T), ALL FEDERAL  REGULATIONS  AND
 APPLICABLE GUIDELINES ADOPTED PURSUANT THERETO, AND THE NATIONAL INSTANT
 CRIMINAL BACKGROUND CHECK SYSTEM.
   1.  THE  DIVISION  SHALL  REPORT  THE NAME, DATE OF BIRTH AND PHYSICAL
 DESCRIPTION OF ANY PERSON PROHIBITED FROM POSSESSING A FIREARM  PURSUANT
 TO  18  USC  922(G)  OR  (N) TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
 CHECK SYSTEM INDEX, DENIED PERSONS FILES.
   2. THE SUPERINTENDENT SHALL PROMULGATE A PLAN TO COORDINATE BACKGROUND
 CHECKS FOR PURCHASES, INCLUDING NICS, IN NEW YORK STATE. SUCH  PLAN  MAY
 INCLUDE,  BUT  IS  NOT  LIMITED  TO,  RECRUITING AND TRAINING PERSONNEL,
 SETTING UP AN INSTANTANEOUS ELECTRONIC DATABASE, AND SELECTING HOURS  OF
 OPERATION.
   (A) FOLLOWING IMPLEMENTATION OF SUCH PLAN, NO APPLICATION OR RECORD OF
 SALE  SHALL  BE COMPLETED FOR THE PURCHASE OR TRANSFER OF A FIREARM BY A
 LICENSED DEALER WITHOUT FIRST CONTACTING THE DIVISION.
   (B) UPON ESTABLISHMENT OF SUCH PLAN, THE SUPERINTENDENT  SHALL  NOTIFY
 EACH  PERSON,  FIRM  OR CORPORATION HOLDING A PERMIT TO SELL FIREARMS OF
 THE EXISTENCE AND PURPOSE OF THE SYSTEM AND THE  MEANS  TO  BE  USED  TO
 APPLY FOR BACKGROUND CHECKS.
   3.  ANY  APPLICANT  SHALL  HAVE  THIRTY DAYS TO APPEAL THE DENIAL OF A
 BACKGROUND CHECK, USING A FORM ESTABLISHED BY  THE  SUPERINTENDENT.  THE
 DIVISION  SHALL RESEARCH THE BACKGROUND CHECK AND PROVIDE SUCH APPLICANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14987-01-8

 S. 8172                             2
 
 A REASON FOR A DENIAL. UPON RECEIPT OF THE REASON FOR DENIAL, THE APPEL-
 LANT MAY APPEAL TO THE ATTORNEY GENERAL.
   §  2.  Subdivision  2  of  section 898 of the general business law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   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]  SHALL  CONTACT  THE DIVISION OF STATE POLICE to conduct
 such check[,  and  upon  completion  of  such  background  check,  shall
 complete  a  document, the form of which shall be approved by the super-
 intendent of state police, that identifies and confirms that such  check
 was performed].
   §  3.  Paragraph  (c)  of  subdivision 1 of section 896 of the general
 business law, as added by chapter 189 of the laws of 2000, is amended to
 read as follows:
   (c) COORDINATE WITH THE DIVISION OF STATE POLICE TO provide access  at
 the  gun  show  to  [a  firearm dealer licensed under federal law who is
 authorized to] perform a  national  instant  criminal  background  check
 [where  the  seller  or transferor of a firearm, rifle or shotgun is not
 authorized to conduct such a check by (i) requiring  firearm  exhibitors
 who  are  firearm dealers licensed under federal law and who are author-
 ized to conduct a national instant criminal background check to  provide
 such  a check at cost or (ii) designating a specific location at the gun
 show where a firearm dealer licensed under federal law who is authorized
 to conduct a national instant criminal background check will be  present
 to  perform such a check at cost] PRIOR TO ANY FIREARM SALE OR TRANSFER.
 Any firearm dealer licensed under federal law  who  [performs]  CONTACTS
 THE  DIVISION  OF  STATE  POLICE  TO PERFORM a national instant criminal
 background check pursuant to this paragraph shall provide the seller  or
 transferor  of  the  firearm, rifle or shotgun with a copy of the United
 States Department of Treasury, Bureau of Alcohol, Tobacco  and  Firearms
 Form  ATF  F 4473 and such dealer shall maintain such form and make such
 form available for inspection by law enforcement agencies for  a  period
 of ten years thereafter.
   §  4.  Subdivision  6  of section 400.03 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
   6. If the superintendent of state  police  certifies  that  background
 checks  of  ammunition  purchasers may be conducted through the national
 instant criminal background check system, [use  of  that  system  by]  a
 dealer  or  seller SHALL CONTACT THE DIVISION OF STATE POLICE TO CONDUCT
 SUCH CHECK WHICH shall be sufficient to satisfy  subdivisions  four  and
 five  of  this  section [and such checks shall be conducted through such
 system, provided that a record of such transaction shall be forwarded to
 the state police in a form determined by the superintendent].
   § 5. The penal law is amended by adding a new section 400.06  to  read
 as follows:
 § 400.06 NATIONAL INSTANT CRIMINAL BACKGROUND CHECKS.
   1.  ANY  DEALER  IN  FIREARMS THAT DELIVERS OR OTHERWISE TRANSFERS ANY
 FIREARM SHALL CONTACT THE DIVISION OF STATE POLICE TO CONDUCT A NATIONAL
 INSTANT CRIMINAL BACKGROUND CHECK.
   2. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION IS A  CLASS
 A MISDEMEANOR.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized and directed to be made
 and completed on or before such effective date.

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Senate Bill S8172

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2017-S8172 (ACTIVE) - Details

2017-S8172 (ACTIVE) - Summary

2017-S8172 (ACTIVE) - Sponsor Memo

2017-S8172 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8172

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Finance Committee

2017-S8172 (ACTIVE) - Details

2017-S8172 (ACTIVE) - Summary

2017-S8172 (ACTIVE) - Sponsor Memo

2017-S8172 (ACTIVE) - Bill Text download pdf

Comments