S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9139--A
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by  M.  of A. LAVINE, SEAWRIGHT -- read once and referred to
   the Committee on Codes -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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.
   § 827. EXEMPTIONS. SECTION EIGHT HUNDRED TWENTY-SIX  OF  THIS  ARTICLE
 SHALL NOT APPLY TO:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03103-03-2
 A. 9139--A                          2
              

 
   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. FIREARMS LOANED OR LEASED SOLELY FOR USE AS  A  PROP  IN  A  MOTION
 PICTURE,  STREAMING,  TELEVISION, VIDEO, THEATRICAL, OR OTHER PRODUCTION
 OR EVENT WHEN THE FIREARM IS NOT LOADED WITH AMMUNITION AND THE LOAN  OR
 LEASE IS MADE BY A LICENSED DEALER IN FIREARMS IN THE STATE OF NEW YORK.
 AMMUNITION SHALL NOT INCLUDE BLANK AMMUNITION CONSISTING OF A CHARGE AND
 NO PROJECTILE.
   § 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.