S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    930
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the  executive law, the general business law and the
   penal law, in relation to the point of contact for conducting national
   instant criminal background checks; and to  amend  the  state  finance
   law, in relation to the creation of the background check fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 228 to
 read as follows:
   § 228. NATIONAL INSTANT CRIMINAL BACKGROUND CHECKS.  THE  DIVISION  IS
 HEREBY  AUTHORIZED AND DIRECTED TO SERVE AS A STATE POINT OF CONTACT FOR
 IMPLEMENTATION OF 18 U.S.C. SEC.  922 (T), ALL FEDERAL  REGULATIONS  AND
 APPLICABLE GUIDELINES ADOPTED PURSUANT THERETO, AND THE NATIONAL INSTANT
 CRIMINAL BACKGROUND CHECK SYSTEM.
   1.  THE  DIVISION  SHALL  REPORT  THE NAME, DATE OF BIRTH AND PHYSICAL
 DESCRIPTION OF ANY PERSON PROHIBITED FROM POSSESSING A FIREARM  PURSUANT
 TO  18  USC  922(G)  OR  (N) TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
 CHECK SYSTEM INDEX, DENIED PERSONS FILES.
   2.  THE SUPERINTENDENT SHALL PROMULGATE A  PLAN  TO  COORDINATE  BACK-
 GROUND CHECKS FOR FIREARM  PURCHASES AND ANY PERSON, FIRM OR CORPORATION
 THAT  SELLS,  DELIVERS  OR OTHERWISE TRANSFERS ANY FIREARM SHALL CONTACT
 THE STATE POLICE IN ORDER TO COMPLETE THE BACKGROUND CHECKS  IN  COMPLI-
 ANCE  WITH  FEDERAL  AND  STATE  LAW, INCLUDING NICS, IN NEW YORK STATE.
 FOLLOWING IMPLEMENTATION OF SUCH PLAN, NO APPLICATION OR RECORD OF  SALE
 SHALL  BE  COMPLETED  FOR  THE  PURCHASE  OR  TRANSFER OF A FIREARM BY A
 LICENSED DEALER WITHOUT FIRST CONTACTING THE  STATE  POLICE.  SUCH  PLAN
 SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO THE FOLLOWING FEATURES:
   (A)  THE  SUPERINTENDENT  OF  THE NEW YORK STATE POLICE SHALL CREATE A
 CENTRALIZED BUREAU WITHIN THE NEW YORK STATE POLICE  DEPARTMENT  WITH  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01973-01-1

 A. 930                              2
 
 CONTACT CENTER UNIT THAT HANDLES ALL BACKGROUND  CHECKS AND MAINTAINS AN
 APPEALS  UNIT.  STAFF  MAY  INCLUDE BUT IS NOT LIMITED TO: BUREAU CHIEF,
 SUPERVISORS, MANAGERS,  DIFFERENT  LEVELS  OF  ADMINISTRATIVE  ANALYSTS,
 APPEALS  SPECIALISTS  AND  ADMINISTRATIVE  PERSONNEL. THE NEW YORK STATE
 POLICE SHALL  EMPLOY  AND  TRAIN  SUCH  PERSONNEL  TO    ADMINISTER  THE
 PROVISIONS OF THIS SECTION.
   (B) PROCEDURES FOR CARRYING OUT THE DUTIES UNDER THIS SECTION, INCLUD-
 ING AT A MINIMUM:
   I.  THAT  THE  BUREAU SHALL BE OPEN FOR BUSINESS FROM 9 A.M. TO 9 P.M.
 EVERY CALENDAR DAY EXCEPT FOR CHRISTMAS, THANKSGIVING AND THE FOURTH  OF
 JULY, TO COMPLETE BACKGROUND CHECKS; AND
   II.  DURING HOURS OF OPERATION, ALL PHONE LINES AND DATABASES SHALL BE
 OPERATIONAL.
   (C) THE SUPERINTENDENT SHALL SET UP AN AUTOMATED PHONE SYSTEM AND  WEB
 BASED APPLICATION SYSTEM, IN ORDER THAT THE BUREAU SHALL PROVIDE A TOLL-
 FREE  TELEPHONE  NUMBER  AND/OR  WEB-BASED  APPLICATION  OPTION  FOR ANY
 PERSON, FIRM OR CORPORATION SEEKING A BACKGROUND CHECK IN ORDER TO SELL,
 DELIVER OR OTHERWISE TRANSFER A FIREARM, THAT IS OPERATIONAL  EVERY  DAY
 THAT  THE  OFFICE  IS OPEN FOR BUSINESS FOR THE PURPOSE OF RESPONDING TO
 REQUESTS IN ACCORDANCE WITH THIS SECTION.
   (D) I. UPON RECEIPT OF A BACKGROUND CHECK  REQUEST,  PERSONNEL  SHOULD
 CHECK  ALL RELEVANT FEDERAL AND STATE DATABASES AND RECORDS, IN ORDER TO
 RETURN A RESULT AS EFFICIENTLY AS POSSIBLE.
   II. IN COMPLETING AN INSTANT BACKGROUND  CHECK,  THE  NEW  YORK  STATE
 POLICE  SHALL  CREATE  AND  MAINTAIN AN ONLINE AUTOMATED CHECK SYSTEM TO
 SEARCH THROUGH IN ACCORDANCE WITH FEDERAL AND STATE LAW. THE SUPERINTEN-
 DENT MAY CREATE AND MAINTAIN  ADDITIONAL  DATABASES  OF  INFORMATION  AS
 NEEDED TO COMPLETE BACKGROUND CHECKS.
   (E)  I. EACH PERSON, FIRM OR CORPORATION THAT SELLS ANY FIREARMS SHALL
 PAY A FEE THAT IS  IMPOSED BY THE BUREAU  FOR  PERFORMING  A  BACKGROUND
 CHECK.  SUCH FEE WILL BE COLLECTED ELECTRONICALLY AND SHALL BE ALLOCATED
 TO  THE  BACKGROUND  CHECK  FUND ESTABLISHED PURSUANT TO SECTION NINETY-
 NINE-II OF THE STATE FINANCE LAW. THE AMOUNT OF THE FEE SHALL NOT EXCEED
 THE TOTAL AMOUNT OF DIRECT AND INDIRECT COSTS INCURRED BY THE BUREAU  IN
 PERFORMING THE BACKGROUND CHECK.
   II.  THE  BUREAU  SHALL TRANSMIT ALL MONEYS COLLECTED PURSUANT TO THIS
 PARAGRAPH TO THE STATE COMPTROLLER, WHO SHALL CREDIT  THE  SAME  TO  THE
 BACKGROUND CHECK FUND.
   III.  ON  JANUARY  FIFTEENTH  OF  EACH CALENDAR YEAR, THE BUREAU SHALL
 REPORT TO THE JOINT BUDGET COMMITTEE CONCERNING:
   A. THE NUMBER OF EMPLOYEES USED BY THE BUREAU IN  THE  PRECEDING  YEAR
 FOR  THE  PURPOSE  OF  PERFORMING  BACKGROUND  CHECKS  PURSUANT  TO THIS
 SECTION; AND
   B. THE CALCULATIONS USED TO DETERMINE THE AMOUNT OF  THE  FEE  IMPOSED
 PURSUANT TO THIS SUBDIVISION.
   IV.  IF A PERSON, FIRM OR CORPORATION THAT SELLS FIREARMS DEMONSTRATES
 HARDSHIP IN ELECTRONIC PAYMENT, THEN SUCH PERSON,  FIRM  OR  CORPORATION
 CAN  ARRANGE  TO  BE  INVOICED  AND PAID BY CHECK AND REGULAR MAIL. IF A
 PERSON, FIRM OR CORPORATION THAT SELLS FIREARMS DOES NOT  REMIT  PAYMENT
 WITHIN FORTY-FIVE DAYS, SERVICE SHALL BE CUT OFF.
   (F)  UPON  ESTABLISHMENT OF SUCH PLAN, THE SUPERINTENDENT SHALL NOTIFY
 EACH PERSON, FIRM OR CORPORATION HOLDING A PERMIT TO  SELL  FIREARMS  OF
 THE CHANGE IN LAW AS WELL AS THE FOLLOWING MEANS TO BE USED TO APPLY FOR
 BACKGROUND CHECKS:
   I.  ANY  PERSON, FIRM OR CORPORATION THAT SELLS, DELIVERS OR OTHERWISE
 TRANSFERS FIREARMS MUST OBTAIN A COMPLETED ATF 4473 FORM FROM THE POTEN-

 A. 930                              3
 
 TIAL BUYER OR TRANSFEREE INCLUDING NAME, DATE OF  BIRTH,  GENDER,  RACE,
 SOCIAL  SECURITY  NUMBER, OR OTHER IDENTIFICATION NUMBERS OF SUCH POTEN-
 TIAL  BUYER OR TRANSFEREE AND MUST HAVE INSPECTED PROPER  IDENTIFICATION
 INCLUDING  AN  IDENTIFICATION  CONTAINING  A PHOTOGRAPH OF THE POTENTIAL
 BUYER OR TRANSFEREE. INFORMATION FROM THE FORM CAN THEN BE  UTILIZED  IN
 APPLICATION FOR A BACKGROUND CHECK THROUGH A TOLL-FREE TELEPHONE LINE OR
 WEB-BASED APPLICATION.
   II. IT IS UNLAWFUL FOR ANY PERSON, IN CONNECTION WITH THE SALE, ACQUI-
 SITION  OR  ATTEMPTED   ACQUISITION OF A FIREARM FROM ANY TRANSFEROR, TO
 WILLFULLY MAKE ANY FALSE, FICTITIOUS ORAL OR  WRITTEN  STATEMENT  OR  TO
 FURNISH  OR EXHIBIT ANY FALSE, FICTITIOUS, OR MISREPRESENTED IDENTIFICA-
 TION THAT IS  INTENDED OR LIKELY TO DECEIVE SUCH TRANSFEROR WITH RESPECT
 TO ANY FACT MATERIAL TO THE LAWFULNESS  OF THE SALE OR OTHER DISPOSITION
 OF SUCH FIREARM UNDER FEDERAL OR STATE LAW. ANY PERSON WHO VIOLATES  THE
 PROVISIONS  OF  THIS SUBPARAGRAPH SHALL BE GUILTY OF A CLASS A MISDEMEA-
 NOR.
   3. ANY APPLICANT SHALL HAVE THIRTY DAYS TO  APPEAL  THE  DENIAL  OF  A
 BACKGROUND  CHECK,  USING  A FORM ESTABLISHED BY THE SUPERINTENDENT. THE
 DIVISION SHALL RESEARCH THE BACKGROUND CHECK AND PROVIDE SUCH  APPLICANT
 A REASON FOR A DENIAL. UPON RECEIPT OF THE REASON FOR DENIAL, THE APPEL-
 LANT MAY APPEAL TO THE ATTORNEY GENERAL.
   §  2.  Subdivision  2  of  section 898 of the general business law, as
 added by chapter 129 of the laws of 2019, is amended to read as follows:
   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]  SHALL  CONTACT  THE DIVISION OF STATE POLICE to conduct
 such check[,  and  upon  completion  of  such  background  check,  shall
 complete  a  document, the form of which shall be approved by the super-
 intendent of state police, that identifies and confirms that such  check
 was  performed].  Before a dealer who [consents] HAS CONTACTED THE DIVI-
 SION OF STATE POLICE to conduct a national instant  criminal  background
 check  delivers  a  firearm,  rifle or shotgun to any person, either (a)
 NICS SHALL HAVE issued a "proceed" response  [to  the  dealer],  or  (b)
 thirty  calendar  days  shall  have  elapsed  since  the date the dealer
 contacted THE DIVISION OF STATE POLICE TO CONTACT THE NICS to initiate a
 national instant criminal background check and NICS has not notified the
 [dealer] DIVISION OF STATE POLICE that  the  transfer  of  the  firearm,
 rifle or shotgun to such person should be denied.
   §  3.  Paragraph  (c)  of  subdivision 1 of section 896 of the general
 business law, as added by chapter 189 of the laws of 2000, is amended to
 read as follows:
   (c) COORDINATE WITH THE DIVISION OF STATE POLICE TO provide access  at
 the  gun  show  to  [a  firearm dealer licensed under federal law who is
 authorized to] perform a  national  instant  criminal  background  check
 [where  the  seller  or transferor of a firearm, rifle or shotgun is not
 authorized to conduct such a check by (i) requiring  firearm  exhibitors
 who  are  firearm dealers licensed under federal law and who are author-
 ized to conduct a national instant criminal background check to  provide
 such  a check at cost or (ii) designating a specific location at the gun
 show where a firearm dealer licensed under federal law who is authorized
 to conduct a national instant criminal background check will be  present
 to  perform such a check at cost] PRIOR TO ANY FIREARM SALE OR TRANSFER.
 Any firearm dealer licensed under federal law  who  [performs]  CONTACTS
 THE  DIVISION  OF  STATE  POLICE  TO PERFORM a national instant criminal
 background check pursuant to this paragraph shall provide the seller  or
 transferor  of  the  firearm, rifle or shotgun with a copy of the United

 A. 930                              4
 
 States Department of Treasury, Bureau of Alcohol, Tobacco  and  Firearms
 Form  ATF  F 4473 and such dealer shall maintain such form and make such
 form available for inspection by law enforcement agencies for  a  period
 of ten years thereafter.
   §  4.  Subdivision  6  of section 400.03 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended to read as follows:
   6. If the superintendent of state  police  certifies  that  background
 checks  of  ammunition  purchasers may be conducted through the national
 instant criminal background check system, [use  of  that  system  by]  a
 dealer  or  seller SHALL CONTACT THE DIVISION OF STATE POLICE TO CONDUCT
 SUCH CHECK WHICH shall be sufficient to satisfy  subdivisions  four  and
 five  of  this  section [and such checks shall be conducted through such
 system, provided that a record of such transaction shall be forwarded to
 the state police in a form determined by the superintendent].
   § 5. The penal law is amended by adding a new section 400.06  to  read
 as follows:
 § 400.06 NATIONAL INSTANT CRIMINAL BACKGROUND CHECKS.
   1.  ANY  DEALER  IN  FIREARMS THAT DELIVERS OR OTHERWISE TRANSFERS ANY
 FIREARM SHALL CONTACT THE DIVISION OF STATE POLICE TO CONDUCT A NATIONAL
 INSTANT CRIMINAL BACKGROUND CHECK.
   2. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION IS A  CLASS
 A MISDEMEANOR.
   § 6. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   §  99-II. BACKGROUND CHECK FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
 JOINT CUSTODY OF THE STATE COMPTROLLER AND COMMISSIONER OF TAXATION  AND
 FINANCE A SPECIAL FUND TO BE KNOWN AS THE "BACKGROUND CHECK FUND".
   2.  SUCH  FUND  SHALL  CONSIST  OF  ALL REVENUES RECEIVED BY THE COMP-
 TROLLER, PURSUANT TO THE PROVISIONS OF SECTION TWO HUNDRED  TWENTY-EIGHT
 OF  THE EXECUTIVE LAW AND ALL OTHER MONEYS APPROPRIATED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW.  NOTHING CONTAINED IN THIS SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3. THE MONEYS OF THE BACKGROUND CHECK FUND, FOLLOWING APPROPRIATION BY
 THE LEGISLATURE, SHALL BE ALLOCATED FOR THE DIRECT COSTS ASSOCIATED WITH
 PERFORMING BACKGROUND CHECKS PURSUANT TO   SECTION TWO  HUNDRED  TWENTY-
 EIGHT OF THE EXECUTIVE LAW.
   4. THE STATE COMPTROLLER MAY INVEST ANY MONEYS IN THE BACKGROUND CHECK
 FUND  NOT  EXPENDED  FOR THE PURPOSE OF THIS SECTION AS PROVIDED BY LAW.
 THE STATE COMPTROLLER SHALL CREDIT ANY INTEREST AND INCOME DERIVED  FROM
 THE DEPOSIT AND INVESTMENT OF MONEYS IN THE BACKGROUND CHECK FUND TO THE
 BACKGROUND CHECK FUND.
   5.  (A)  ANY UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE BACK-
 GROUND CHECK FUND AT THE END OF A FISCAL YEAR SHALL REMAIN IN THE  BACK-
 GROUND CHECK FUND AND SHALL NOT BE CREDITED TO ANY OTHER FUND.
   (B)  TO THE EXTENT PRACTICABLE, ANY SUCH REMAINING FUNDS SHALL BE USED
 TO REDUCE THE AMOUNT OF THE FEE DESCRIBED IN SUBDIVISION TWO OF  SECTION
 TWO HUNDRED TWENTY-EIGHT OF THE EXECUTIVE LAW.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.