NY State Senate Bill 2019-S1831

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 08, 2020	referred to consumer protection
Jan 16, 2019	referred to consumer protection

co-Sponsors

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2019-S1831 (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
2017-2018: S3041
2021-2022: S1235
2023-2024: S4818

2019-S1831 (ACTIVE) - Summary

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

2019-S1831 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1831

SPONSOR: GIANARIS
 
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.

 
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 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:

2018: Died in Consumer Protection

2017: Died in Consumer Protection

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.

2019-S1831 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1831
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced by Sens. GIANARIS, ADDABBO, BRESLIN, CARLUCCI, KRUEGER, MONT-
   GOMERY,  RIVERA,  SERRANO, 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.

                                                            LBD04043-01-9

 S. 1831                             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 S1831

Sponsored By

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

co-Sponsors

2019-S1831 (ACTIVE) - Details

2019-S1831 (ACTIVE) - Summary

2019-S1831 (ACTIVE) - Sponsor Memo

2019-S1831 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1831

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Sponsored By

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

co-Sponsors

2019-S1831 (ACTIVE) - Details

2019-S1831 (ACTIVE) - Summary

2019-S1831 (ACTIVE) - Sponsor Memo

2019-S1831 (ACTIVE) - Bill Text download pdf

Comments