S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2441
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation  to  enacting  the  effective
   background  check  act  of  2019,  in relation to requiring background
   checks for employees who would be authorized to  possess  or  transfer
   firearms, rifles, or shotguns

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "effective
 background check act of 2019".
   § 2. Section 400.00 of the penal law is amended by adding a new subdi-
 vision 12-b to read as follows:
   12-B.  EMPLOYEES OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOT-
 GUNS. (A) NO PERSON SHALL  BE  EMPLOYED  BY  A  GUNSMITH  OR  DEALER  IN
 FIREARMS, RIFLES, OR SHOTGUNS FOR DUTIES THAT INCLUDE HANDLING, SELLING,
 OR  OTHERWISE DISPOSING OF FIREARMS, RIFLES, OR SHOTGUNS, IF SUCH PERSON
 IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS, RIFLES, OR SHOTGUNS
 UNDER FEDERAL LAW OR IF SUCH PERSON  IS  PROHIBITED  FROM  RECEIVING  OR
 POSSESSING  FIREARMS, RIFLES, OR SHOTGUNS UNDER LOCAL, STATE, OR FEDERAL
 LAW OR IF SUCH PERSON WOULD BE  INELIGIBLE  FOR  A  LICENSE  UNDER  THIS
 SECTION.
   (B)  NO  GUNSMITH  OR  DEALER  IN  FIREARMS, RIFLES, OR SHOTGUNS SHALL
 EMPLOY A PERSON WHOSE DUTIES INCLUDE  HANDLING,  SELLING,  OR  OTHERWISE
 DISPOSING  OF  FIREARMS, RIFLES, OR SHOTGUNS, UNLESS: (I) SUCH PERSON IS
 TWENTY-ONE YEARS OF AGE OR OLDER AND HAS BEEN ISSUED AN  EMPLOYEE  BACK-
 GROUND CHECK 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;
 OR (III) SUCH PERSON IS A POLICE OFFICER AS DEFINED IN SUBDIVISION THIR-
 TY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (C)  APPLICATIONS  FOR EMPLOYEE BACKGROUND CHECK CERTIFICATES SHALL BE
 SUBMITTED BY THE APPLICANT'S PROSPECTIVE EMPLOYER  TO  THE  DIVISION  OF
 CRIMINAL  JUSTICE SERVICES IN A FORM APPROVED BY SUCH DIVISION. APPLICA-
 TIONS MUST CONTAIN, AT A MINIMUM, THE INFORMATION REQUIRED TO CONDUCT  A
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02298-01-9

 A. 2441                             2
 
 BACKGROUND  CHECK  IN  THE  NATIONAL  INSTANT  CRIMINAL BACKGROUND CHECK
 SYSTEM (NICS) OR ITS SUCCESSOR. ALL  APPLICATIONS  MUST  BE  SIGNED  AND
 VERIFIED BY THE APPLICANT.
   (D)  UPON  RECEIPT  OF AN APPLICATION FOR AN EMPLOYEE BACKGROUND CHECK
 CERTIFICATE, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL  CONDUCT  A
 BACKGROUND  CHECK OF THE APPLICANT IN NICS OR ITS SUCCESSOR. THE RESULTS
 OF THE BACKGROUND CHECK MUST INDICATE THAT THERE IS NO INFORMATION  THAT
 WOULD  DISQUALIFY  THE APPLICANT FROM RECEIVING OR POSSESSING A FIREARM,
 RIFLE, OR SHOTGUN UNDER STATE OR UNDER FEDERAL LAW, AND THE DIVISION  OF
 CRIMINAL  JUSTICE  SERVICES  SHALL  DOCUMENT  SUCH RESULT ON AN EMPLOYEE
 BACKGROUND CHECK CERTIFICATE.
   (E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO  QUALIFY-
 ING  EMPLOYEES  AN  EMPLOYEE  BACKGROUND  CHECK CERTIFICATE, WHICH SHALL
 CERTIFY THAT A BACKGROUND CHECK WAS CONDUCTED  ON  THE  HOLDER  OF  SUCH
 CERTIFICATE AND THAT NICS INDICATED THAT THERE WAS NO INFORMATION IN THE
 SYSTEM  AS OF THE DATE OF THE BACKGROUND CHECK THAT WOULD DISQUALIFY THE
 APPLICANT FROM RECEIVING OR POSSESSING A  FIREARM,  RIFLE,  OR  SHOTGUN.
 SUCH  CERTIFICATE  SHALL HAVE THE EFFECT OF AUTHORIZING SUCH EMPLOYEE TO
 HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE FIREARMS, RIFLES,  OR  SHOT-
 GUNS THAT ARE LAWFULLY POSSESSED, SOLD OR DISPOSED OF BY THE GUNSMITH OR
 DEALER  IN  FIREARMS,  RIFLES,  OR  SHOTGUNS ONLY WHILE SUCH EMPLOYEE IS
 ACTUALLY CONDUCTING BUSINESS ON BEHALF OF  THE  GUNSMITH  OR  DEALER  IN
 FIREARMS, RIFLES, OR SHOTGUNS NOTWITHSTANDING THE FACT THAT SUCH WEAPONS
 MAY  NOT BE THE TYPE THE EMPLOYEE WOULD OTHERWISE BE LICENSED OR AUTHOR-
 IZED TO POSSESS UNDER NEW YORK LAW. THE EMPLOYEE SHALL HAVE  IN  HIS  OR
 HER  POSSESSION A COPY OF HIS OR HER CERTIFICATE OR VALID LICENSE ISSUED
 UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF  THIS  ARTICLE
 OR PROOF THAT HE OR SHE IS A POLICE OFFICER.  A COPY OF SUCH CERTIFICATE
 OR  LICENSE OR PROOF THAT AN EMPLOYEE IS A POLICE OFFICER SHALL BE MAIN-
 TAINED BY THE GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS ON THE
 PREMISES WHERE SUCH EMPLOYEE WORKS. ALL CERTIFICATES, LICENSES, OR PROOF
 THAT AN EMPLOYEE IS A POLICE OFFICER 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.  SUCH  CERTIFICATE
 SHALL  BECOME  INVALID  EFFECTIVE UPON THE TERMINATION OF THE EMPLOYEE'S
 EMPLOYMENT. AN EMPLOYER SHALL NOTIFY THE DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES, IN A MANNER DETERMINED BY THE DIVISION, WHENEVER A CERTIFICATE
 HOLDER'S EMPLOYMENT WITH SUCH DEALER OR GUNSMITH HAS BEEN TERMINATED.
   (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, RIFLE OR RIFLES,
 OR SHOTGUN OR SHOTGUNS, FROM ONE LOCATION TO ANOTHER WITHIN THE PREMISES
 OF A GUNSMITH OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS.
   (G)  A FAILURE TO ADHERE TO THE REQUIREMENTS OF THIS SUBDIVISION SHALL
 CONSTITUTE A VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH
 OR DEALER IN FIREARMS, RIFLES, OR SHOTGUNS.
   § 3. 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 employee background check certificates to
 be submitted to and approved by such division and for certificates to be
 issued  by  such division pursuant to subdivision 12-b of section 400.00
 of the penal law as added by section two 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.