NY State Senate Bill 2019-S2374

Senate Bill S2374

Signed By Governor

2019-2020 Legislative Session

Establishes an extension of time of up to thirty calendar days for national instant background checks

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Archive: Last Bill Status - Signed by Governor

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
Jul 29, 2019	signed chap.129 delivered to governor
Jan 29, 2019	returned to senate passed assembly ordered to third reading rules cal.25 substituted for a2690 referred to codes delivered to assembly passed senate
Jan 28, 2019	ordered to third reading cal.89 reported and committed to rules
Jan 24, 2019	referred to codes

Votes

- Jan 29, 2019 - Floor Vote
  S2374
  
  40
  
  Aye
  
  23
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 29, 2019
      
      aye (40)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (23)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Boyle
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
      
      Young
  Jan 28, 2019 - Rules Committee Vote
  S2374
  
  11
  
  Aye
  
  6
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 28, 2019
      
      aye (11)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (6)
      
      Flanagan
      
      Griffo
      
      Lanza
      
      Little
      
      Robach
      
      Seward
      
      aye wr (2)
      
      LaValle
      
      Martinez
  Jan 29, 2019 - Codes Committee Vote
  S2374
  
  8
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 29, 2019
      
      aye (8)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Gounardes
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Myrie
      
      nay (4)
      
      Akshar
      
      Gallivan
      
      Lanza
      
      O'Mara
      
      aye wr (1)
      
      Boyle

co-Sponsors

2019-S2374 (ACTIVE) - Details

See Assembly Version of this Bill:: A2690
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
2017-2018: S1414, A2406

2019-S2374 (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 thirty calendar 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.

2019-S2374 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2374            REVISED MEMO 1/24/2019

SPONSOR: GIANARIS
 
TITLE OF BILL:  An act to amend the penal law and the general business
law, in relation to establishing an extension of time of up to thirty
calendar days for national instant background checks

 
PURPOSE:

To establish an extension of time of up to thirty calendar days for
national instant background checks

 
SUMMARY OF PROVISIONS:

Section one amends subdivision 12 of section 400.00 of the penal law, as
amended by chapter 1 of the laws of 2013, to provide that before deliv-
ering a firearm to any person, the licensed gun dealer shall in addition
to requiring such person 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, either (i) the National
Instant Criminal Background Check System or its successor (NICS) has

issued a "proceed" response to the licensee, or (ii) thirty calendar
days have elapsed since the date the licensee contacted NICS to initiate
a national instant criminal background check and NICS has not notified
the licensee that the transfer of the firearm to such person should be
denied.

Section two amends the penal law by adding a new section 400.20 to
provide that when a national instant criminal background check is
required pursuant to state or federal law to be conducted through NICS
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 (i)
NICS has issued a "proceed" response to the seller or transferor, or
(ii) thirty calendar days shall have elapsed since the date the seller
or transferor contacted NICS to initiate a national instant criminal
back- ground check and NICS has not notified the seller or transferor
that the transfer of the rifle or shotgun to such person should be
denied.

Section three amends subdivision 1 of section 897 of the general busi-
ness law, as added by chapter 189 of the laws of 2000, to provide that
before delivering a firearm, rifle or shotgun to any person, either (i)
NICS has issued a "proceed" response to the seller or transferor, or
(ii) thirty calendar 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.

Section four amends subdivisions 1 and 2 of section 898 of the general
business law, as added by chapter 1 of the laws of 2013, to provide that
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 (i) NICS has issued a "proceed" response to the
federal firearms licensee, or (ii) thirty calendar 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. In addition, the
section provides that before a dealer who consents to conduct a national
instant criminal background check delivers a firearm, rifle or shotgun
to any person, either (i) NICS has issued a "proceed" response to the
dealer, or (ii) thirty calendar days shall have elapsed since the date
the dealer contacted NICS to initiate a national instant criminal back-
ground check and NICS has not notified the dealer that the transfer of
the firearm, rifle or shotgun to such person should be denied.

Section five provides the effective date.

 
JUSTIFICATION:

Guns have destroyed 39,773 lives across the United States in 2017,
according to sobering statistics recently released by the Centers for
Disease Control and Prevention. As a leader in curbing gun violence, New
York State must act to address this public health crisis. One potential-
ly deadly loophole in our intricate gun protection laws is known as the
"default-proceed" loophole or the "Charleston Loophole," after shooter
Dylann Roof legally purchased a firearm despite an inconclusive back-
ground check and then proceeded to murder nine innocent people in a
Charleston, South Carolina church. The loophole can be prevented by
passing the measure set forth in this bill by creating an extension of
time for national instant background checks from three days to up to
thirty calendar days where a federal background check produces inconclu-
sive results.

New York must extend the duration of time available to conduct back-
ground checks when necessary. Currently, national instant background
checks are mandated by the federal law 18 USC 922, pursuant to which
federal firearm licensees must wait up to three business days to receive
a result, which can be "proceed," "deny" or "delay." Most background
checks return a quick result of either "proceed" or "deny," but in
approximately 8-11 percent of cases, law enforcement requires more time
than the three days allotted to conduct accurate background checks and
will issue a "delay" result.  At that point, under federal law, it is
within the discretion of the federal firearms licensee to complete a
sale and transfer a weapon, although state law can increase the time
period. The Federal Bureau of Investigation ("FBI") National Instant
Criminal Background Check System ("NICS") section will continue to keep
the delayed background check open for up to 88 days.

It has been estimated that over 300,000 firearms may have been trans-
ferred in 2016 even though the results of a national instant background
check were not sufficient to affirmatively approve the purchaser. A
number of states, including California, Colorado, Pennsylvania and Dela-
ware, have extended the time for background check results where there is
a "delay" response. Reasons for a "delay" response may include incom-
plete records, ongoing court proceedings, or inconsistent information.

A 2016 United States Government Accounting Office report stated that in
cases of domestic violence, it takes the FBI over 7 business days to
complete 90 percent of checks in cases of misdemeanor crimes of domestic
violence. The report also showed that three percent of denials in those
domestic violence cases took over 21 days. The extra time is explained
by reporting differences between states. The GAO report states, "Accord-
ing to FBI data, more than 500 firearms were transferred to individuals
with prohibiting  
MISDEMEANOR CRIME OF DOMESTIC VIOLENCE records or
prohibiting protection orders each year from fiscal years 2006 through
2015 - about 6,700 total transfers - because the FBI denial determi-
nation was made after three business days, which resulted in the FBI
referring these cases to the ATF for firearm retrieval."

In conclusion, the measure in this legislation will help keep New York-
ers safer. It is incumbent upon the Legislature to act and to correct
this potentially deadly loophole. Background checks must be thorough and
accurate to avoid mistakes. We need to prevent disqualified purchasers
from utilizing this loophole by eradicating it, before it is too late.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the forty-fifth day after it shall have
become a law.

2019-S2374 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2374
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 an extension of time of up to thirty calendar days for
   national instant background checks

   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) THIRTY CALENDAR DAYS HAVE ELAPSED SINCE  THE  DATE  THE  LICENSEE
 CONTACTED  NICS TO INITIATE A NATIONAL INSTANT 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.

                                                            LBD00627-05-9

 S. 2374                             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) THIRTY CALENDAR
 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)  THIRTY  CALENDAR 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. 2374                             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) THIRTY CALENDAR 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) THIRTY CALENDAR 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 forty-fifth day after it  shall
 have become a law.

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Senate Bill S2374

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Sponsored By

Michael Gianaris

Archive: Last Bill Status - Signed by Governor

co-Sponsors

Alessandra Biaggi

John E. Brooks

David Carlucci

Velmanette Montgomery

2019-S2374 (ACTIVE) - Details

2019-S2374 (ACTIVE) - Summary

2019-S2374 (ACTIVE) - Sponsor Memo

2019-S2374 (ACTIVE) - Bill Text download pdf

Comments