NY State Senate Bill 2019-S1275

Senate Bill S1275

2019-2020 Legislative Session

Prohibits the purchase of more than 1 firearm during any period of 30 days and implements a 10-day waiting period

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 11, 2019	referred to codes

co-Sponsors

2019-S1275 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§265.50 & 400.15, amd §§265.20, 265.17 & 400.00, Pen L; add Art 38-B §§825 - 828, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7132
2015-2016: S2389
2017-2018: S2476

2019-S1275 (ACTIVE) - Summary

Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more than 1 firearm during any period of 30 days; implements a 10-day waiting period.

2019-S1275 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1275

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to the unlawful procurement
of a firearm; to amend the general business law, in relation to estab-
lishing a waiting period for the purchase of a firearm; and to amend the
penal law, in relation to requiring licensed firearms businesses to
report the crime of criminal purchase of a weapon and requiring back-
ground checks for employees who would be authorized to possess or trans-
fer firearms

 
PURPOSE:

To continue to strengthen New York's gun control laws, limiting the
number of guns a person can purchase in a 30 day period and to ensure
there is enough time for a proper background check before a gun is
purchased.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the Penal Law by adding a new section
265.50. The proposed legislation establishes the crime of unlawful
procurement of a firearm when: (i) He/She purchases or takes possession
of more than one firearm from any dealer in firearms during any 30-day
period; or (ii) Being a firearms dealer, he/she sells or transfers a
firearm to any person who has purchased or taken possession of a firearm
during the previous 30-days. Unlawful procurement of a firearm is a
class A misdemeanor.

Section 2 of the bill amends Section 265.20 of the Penal Law by adding a
new subdivision f, providing exemptions to the crime of unlawful
procurement of a firearm.

Section 3 of the bill amends the Penal Law by adding a new section
400.15. The proposed legislation requires: (i) Each dealer in firearms
shall prior to the sale of any firearm to a person request approval of
such sale to such person from the Division of Criminal Justice Services
(DCJS); (ii) Upon receipt of the approval, the dealer in firearms shall
record and report such sale to DCJS within 24 hours.

Section 4 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 firearms dealer 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 back-
ground 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 5 of the bill amends Section 265.17 of the Penal Law by redesig-
nating the existing paragraphs as subdivisions 1(a) and 1(b) and adding
a new subdivision 2 requiring licensed gunsmiths and firearms dealers to
report to police whenever a would-be purchaser of a firearm fails a
background check through National Instant Criminal Background Check
System (NICS).

Section 6 of the bill amends section 400.00 of the Penal Law by adding a
new subdivision 12-b that would: ban anyone otherwise prohibited from
possessing a firearm from being employed by a gunsmith or firearms deal-
er in a job that involves handling or selling firearms; subject such
employees to background checks through NICS; require the Division of
Criminal Justice Services (DCJS) to issue qualifying employees an
employment certificate, after review of the application using NICS. If
DJCS receives a negative response from NICS for any employee, the dealer
would be required to deny employment to the applicant. Current employees
of dealers would be required to be reviewed by NICS and obtain an
employment certificate within six months of the effective date of this
bill. The employment certificate would be invalidated upon termination
of employment. Any employment in violation of this subdivision shall
constitute a violation on the part of both the employee and the firearms
dealer.

Section 7 of the bill sets forth 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 pass-
es 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 for 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 overwhelmingly 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 waiting period laws.

Federal law does not limit the number of guns a person may buy in any
given time period. Studies show that firearms sold in multiple sales to
the same individual purchaser are frequently used in crime. ATF crime
gun-trace data revealed that 22% of all handguns recovered in 1999 had
been transferred to a purchaser involved in a multiple sale.  Crime gun

trace data from 2000 showed that 20% of all retail handguns recovered in
crime were purchased as part of a multiple sale.

The American public strongly supports laws limiting the number of guns
that may be purchased at one time. A national poll conducted for Mayors
Against Illegal Guns in the spring of 2008 found that 65% of Americans
favor limiting the number of handguns an individual is allowed to
purchase to one gun per month.

Under current law, licensed firearms dealers are required to conduct
criminal background checks through the DCJS on prospective purchasers of
firearms. However, while the dealers themselves are required to be
licensed, their employees, who have access to the firearms on a daily
basis, are not required to undergo any type of pre-employment examina-
tion.

This legislation would correct this anomaly by requiring the DCJS to
administer background checks of all new employees through NICS. Since
dealers routinely perform these checks multiple times a day for purchas-
ers, the bill will not impose a meaningful new burden.  However, it will
help to ensure those ineligible to purchase firearms are not handling or
selling them.

 
LEGISLATIVE HISTORY:

2018: Died in Codes

2017: Died in Codes

2016: Died in Codes

2015: Died in Codes

2014: Died in Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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 employment certificates to be submitted
to and approved by such division and for employment certificates to be
issued by such division pursuant to subdivision 12-b of section 400.00
of the penal law as added by section six 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.

2019-S1275 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1275
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens. GIANARIS, HOYLMAN, KRUEGER, STAVISKY -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to the  unlawful  procurement
   of a firearm; to amend the general business law, in relation to estab-
   lishing  a  waiting period for the purchase of a firearm; and to amend
   the penal law, in relation to requiring 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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The penal law is amended by adding a new section 265.50 to
 read as follows:
 § 265.50 UNLAWFUL PROCUREMENT OF A FIREARM.
   A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN:
   1. HE OR SHE PURCHASES OR TAKES POSSESSION OF MORE  THAN  ONE  FIREARM
 FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR
   2.  BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A FIREARM
 TO ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM  DURING
 THE PREVIOUS THIRTY DAYS.
   UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR.
   § 2. Section 265.20 of the penal law is amended by adding a new subdi-
 vision f to read as follows:
   F. SECTION 265.50 OF THIS ARTICLE SHALL NOT APPLY TO:
   1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS
 OFFICER  ACTING  WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT OR
 OFFICIAL DUTIES;
   2. A UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF  THE  UNITED
 STATES  OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED TO
 POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05120-01-9

 S. 1275                             2
 
   3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
 ENGAGED  IN  THE  COURSE  AND  SCOPE  OF  THEIR ACTIVITIES AS LICENSEES,
 PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
 ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;
   4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR
 REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK
 FROM SUCH A GUNSMITH;
   5. A COMMON CARRIER, WAREHOUSEMAN OR OTHER PERSON ENGAGED IN THE BUSI-
 NESS OF TRANSPORTING OR STORING GOODS, TO THE EXTENT THAT THE POSSESSION
 OR RECEIPT OF ANY FIREARM IS IN THE ORDINARY COURSE OF BUSINESS, AND NOT
 FOR THE PERSONAL USE OF ANY SUCH PERSON;
   6.  A  PERSON ACQUIRING FIREARMS BY OPERATION OF LAW UPON THE DEATH OF
 THE FORMER OWNER OF THE FIREARMS; OR
   7. A PERSON WHOSE FIREARM WAS STOLEN OR  IRRETRIEVABLY  LOST  AND  WHO
 CONSIDERS IT ESSENTIAL THAT THE FIREARM BE REPLACED IMMEDIATELY, IF:
   (A)  THE  PERSON  PROVIDES  THE SELLER OR TRANSFEROR WITH A COPY OF AN
 OFFICIAL POLICE REPORT DESCRIBING THE LOSS OR THEFT OF THE FIREARM.  THE
 OFFICIAL  POLICE REPORT MUST CONTAIN THE NAME AND ADDRESS OF THE FIREARM
 OWNER, A DESCRIPTION OF THE FIREARM, THE LOCATION OF THE LOSS OR  THEFT,
 THE  DATE  OF  THE  LOSS  OR  THEFT,  AND THE DATE THE LOSS OR THEFT WAS
 REPORTED TO THE LAW ENFORCEMENT AGENCY; AND
   (B) THE LOSS OR THEFT OCCURRED WITHIN  THIRTY  DAYS  OF  THE  PERSON'S
 ATTEMPT  TO  REPLACE  THE  FIREARM,  AS REFLECTED BY THE DATE OF LOSS OR
 THEFT ON THE OFFICIAL POLICE REPORT.
   § 3. The penal law is amended by adding a new section 400.15  to  read
 as follows:
 § 400.15 DUTIES OF DEALERS IN FIREARMS.
   1. EACH DEALER IN FIREARMS SHALL PRIOR TO THE SALE OF ANY FIREARM TO A
 PERSON REQUEST APPROVAL OF SUCH SALE TO SUCH PERSON FROM THE DIVISION OF
 CRIMINAL JUSTICE SERVICES.
   2.  UPON  RECEIPT  OF THE APPROVAL OF THE DIVISION OF CRIMINAL JUSTICE
 SERVICES OF A SALE OF A FIREARM, THE DEALER IN FIREARMS SHALL RECORD AND
 REPORT SUCH SALE TO THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  WITHIN
 TWENTY-FOUR HOURS.
   §  4. 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

 S. 1275                             3
 
   2. SUCH DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS  PASSED  ALL
 BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
   §  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;
   5. ANY COMMON CARRIER OR OTHER PERSON ENGAGED, IN THE  COURSE  OF  ITS
 BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS; AND
   6. ANY PERSON WHO ALREADY POSSESSES A VALID PERMIT PURSUANT TO ARTICLE
 FOUR HUNDRED OF THE PENAL LAW.
   § 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
 SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   §  5.  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 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 IF A  BACKGROUND  CHECK  SUCH  GUNSMITH  OR  DEALER  CONDUCTS  IN
 CONNECTION  WITH SUCH ATTEMPTED PURCHASE, IN THE NATIONAL INSTANT CRIMI-
 NAL BACKGROUND  CHECK  SYSTEM  OR  ANY  SUCCESSOR  SYSTEM,  INDICATES  A
 "DENIED" RESPONSE AS DEFINED IN 28 C.F.R. § 25.6. SUCH GUNSMITH OR DEAL-
 ER  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 COMMISSIONER, OF HAVING MADE EACH REPORT REQUIRED BY  THIS
 SUBDIVISION.
   Criminal purchase or disposal of a weapon is a class D felony.
   § 6. Section 400.00 of the penal law is amended by adding a new subdi-
 vision 12-b to read as follows:

 S. 1275                             4
 
   12-B.  EMPLOYEES  OF  A  GUNSMITH OR DEALER IN FIREARMS. (A) NO PERSON
 SHALL BE EMPLOYED BY A GUNSMITH OR DEALER IN FIREARMS  FOR  DUTIES  THAT
 INCLUDE  HANDLING,  SELLING, OR OTHERWISE DISPOSING OF FIREARMS, IF SUCH
 PERSON IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS UNDER FEDERAL
 LAW  OR  IF  SUCH  PERSON  WOULD  BE INELIGIBLE FOR A LICENSE TO POSSESS
 FIREARMS UNDER PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
   (B) NO GUNSMITH OR DEALER IN FIREARMS  SHALL  EMPLOY  A  PERSON  WHOSE
 DUTIES  INCLUDE  HANDLING,  SELLING, OR OTHERWISE DISPOSING OF FIREARMS,
 ABSENT AN EXEMPTION PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION  A
 OF SECTION 265.20 OF THIS CHAPTER, UNLESS: (I) SUCH PERSON IS TWENTY-ONE
 YEARS  OF  AGE OR OLDER OR IS A MEMBER OF THE UNITED STATES ARMED FORCES
 OR HAS BEEN HONORABLY DISCHARGED THEREFROM, AND SUCH EMPLOYEE  HAS  BEEN
 ISSUED  A  VALID  EMPLOYMENT  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.
   (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
 APPLICANT'S PROSPECTIVE EMPLOYER TO THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES IN A FORM APPROVED BY SUCH DIVISION. APPLICATIONS 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 EMPLOYMENT CERTIFICATE, THE
 DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A  BACKGROUND  CHECK
 IN  THE  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO DETERMINE
 WHETHER THE APPLICANT IS QUALIFIED TO RECEIVE OR POSSESS A FIREARM UNDER
 STATE AND FEDERAL LAW. IF THE RESULTS OF THE BACKGROUND  CHECK  INDICATE
 THAT  THERE  IS  NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
 RECEIVING OR POSSESSING A FIREARM UNDER STATE OR UNDER FEDERAL LAW,  THE
 DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL DOCUMENT SUCH RESULT ON AN
 EMPLOYMENT 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 CERTIFY THE APPLICANT FOR EMPLOYMENT  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  EMPLOYMENT CERTIFICATE, WHICH SHALL CERTIFY THAT THE
 HOLDER OF SUCH CERTIFICATE IS ELIGIBLE TO  HANDLE,  SELL,  OR  OTHERWISE
 DISPOSE  OF  FIREARMS  OR WEAPONS ON BEHALF OF THE GUNSMITH OR DEALER IN
 FIREARMS. 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 THAT ARE  LAWFULLY  POSSESSED,  SOLD  OR  DISPOSED  OF  BY  THE
 GUNSMITH  OR  DEALER  IN  FIREARMS  ONLY WHILE SUCH EMPLOYEE IS ACTUALLY
 CONDUCTING BUSINESS ON BEHALF OF THE  GUNSMITH  OR  DEALER  IN  FIREARMS
 NOTWITHSTANDING  THE  FACT  THAT  SUCH  WEAPONS  MAY NOT BE THE TYPE THE
 EMPLOYEE WOULD OTHERWISE BE LICENSED OR AUTHORIZED TO POSSESS UNDER  NEW
 YORK  LAW.  WHEN  AN  EMPLOYEE  IS  CONDUCTING  BUSINESS  ON BEHALF OF A
 GUNSMITH OR DEALER IN FIREARMS 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 EMPLOYMENT CERTIFICATE OR VALID  LICENSE
 ISSUED  UNDER  THE  PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS
 ARTICLE OR DOCUMENTATION OF THE  EMPLOYEE'S  EXEMPTION  BASED  ON  PRIOR
 EMPLOYMENT.  COPIES OF SUCH CERTIFICATES OR LICENSES OR DOCUMENTATION OF
 EXEMPTION  SHALL  BE MAINTAINED BY THE GUNSMITH OR DEALER IN FIREARMS ON
 THE PREMISES WHERE SUCH  EMPLOYEE  WORKS.  ALL  CERTIFICATES,  LICENSES,

 S. 1275                             5
 
 DOCUMENTATION 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, FROM ONE
 LOCATION TO ANOTHER WITHIN THE PREMISES  OF  A  GUNSMITH  OR  DEALER  IN
 FIREARMS.
   (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.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the division of crim-
 inal  justice  services  shall  promulgate  any  rules or regulations or
 approve any forms necessary for applications for employment certificates
 to be submitted to and approved by  such  division  and  for  employment
 certificates  to be issued by such division pursuant to subdivision 12-b
 of section 400.00 of the penal law as added by section six 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.

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Senate Bill S1275

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