LBD01985-08-2
S. 8780 2
The 2016 AG Report further found that 90% of the crime guns recovered
were recovered in seven distinct markets: New York City, the lower
Hudson Valley (including the cities of Yonkers, White Plains, Newburgh
and Poughkeepsie), the Capital Region (including Albany, Troy and Sche-
nectady), Syracuse, Rochester and Buffalo. Although 74% of the crime
guns recovered statewide were from out of state, a significant portion
of guns involved in crimes upstate originate within the state. For exam-
ple, according to the 2016 AG Report, 41% of crime guns in the Buffalo
area and 56% of crime guns in the Rochester area originated within New
York state.
3. Youth are particularly at risk of being killed with guns. Accord-
ing to the Centers for Disease Control and Prevention, in 2019 alone, 40
children and teens (under the age of 19) died from gun violence in New
York state.
4. A substantial portion of illegal guns are diverted to the illegal
market through licensed gun dealers. Rogue gun dealers play a key role
in this market. These rogue dealers funnel guns to the illegal market
through a variety of channels. One of the most common means is to allow
"straw purchases". A straw purchase occurs when a person purchases a gun
on behalf of a prohibited person. In 2000, the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF) conducted an investigation of
gun trafficking from July 1996 to December 1998 and found that almost
26,000 trafficked guns were associated with investigations in which
there was a straw purchaser. Almost 50% of all trafficking investi-
gations involved straw purchasers, with an average of 37 guns trafficked
per investigation. Another issue, according to a 2008 report by Mayors
Against Illegal Guns, Inside Straw Purchasing: How Criminals Get Guns
Illegally, is that many traffickers return to the same store again and
again once they have identified it as one in which they can make straw
purchases easily. According to the ATF, 1% of gun dealers are the
source of almost 60% of crime guns. Although ATF has not since released
an updated report on straw purchases, a 2019 University of Chicago study
found that of those incarcerated for a gun-related crime, 58% acquired
their gun from a friend or acquaintance.
5. Although most gun dealers operate their businesses legally and
responsibly, some gun dealers who are corrupt or maintain shoddy record-
keeping practices flood the streets with illegal guns as a result of
their unrestricted access to new gun inventory and the unwillingness of
gun manufacturers to terminate their supply to these rogue dealers.
Current federal and state regulation has not curbed the business prac-
tice of illegal gun dealers. According to a 2004 study by Americans for
Gun Safety, of the 120 worst gun dealers in the country, namely those
dealers with an average of 500 crime guns traced to them, 96 were still
in operation.
6. Moreover, this problem is not limited to unlicensed sellers, and
clearly includes federal firearms licensees (FFLs). Indeed, although
FFLs were involved in under 10% of the trafficking investigations under-
taken by ATF, they were associated with 40,000 diverted guns nearly half
of the total number of trafficked guns documented during the two-year
period of the ATF's investigation. Additionally, a 2010 report by
Mayors Against Illegal Guns indicated that several states that allow
state authorities to supplement the federal ATF inspection with routine
inspections provide law enforcement with more opportunities to uncover
dealers in violation of the law. These inspections also help identify
dealers who exercise lax oversight over their inventory and may lead to
improved compliance with federal, state, and local laws.
S. 8780 3
7. Current state law governing gun dealers is inadequate to prevent
the diversion of guns to the illegal marketplace. Additional
protections that are needed include better gun dealer internal compli-
ance procedures, programs to eliminate straw purchases, improved securi-
ty measures, reduced youth access, and mandatory training for gun dealer
employees. The additional protections set forth in this act will great-
ly enhance the state's efforts to stop gun violence and criminal activ-
ity in New York.
§ 2. The general business law is amended by adding a new article 39-BB
to read as follows:
ARTICLE 39-BB
PREVENTING THE UNLAWFUL SALE OF FIREARMS,
RIFLES, AND SHOTGUNS TO INDIVIDUALS WITH A CRIMINAL RECORD
SECTION 875-A. DEFINITIONS.
875-B. REASONABLE MEASURES TO PREVENT UNLAWFUL SALES AND TRANS-
FERS TO INDIVIDUALS WHO ARE PROHIBITED FROM PURCHASING
OR POSSESSING FIREARMS, RIFLES, AND SHOTGUNS.
875-C. SECURITY.
875-D. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS.
875-E. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES.
875-F. EMPLOYEE TRAINING.
875-G. MAINTENANCE OF RECORDS.
875-H. INTERNAL COMPLIANCE AND CERTIFICATION.
875-I. RULES AND REGULATIONS.
875-J. VIOLATIONS.
§ 875-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "DEALER" MEANS A GUNSMITH OR DEALERS IN FIREARMS LICENSED PURSUANT
TO SECTION 400.00 OF THE PENAL LAW.
2. "DISPOSE OF" MEANS TO DISPOSE OF, GIVE, GIVE AWAY, LEASE, LEND,
KEEP FOR SALE, OFFER, OFFER FOR SALE, SELL, TRANSFER, OR OTHERWISE
DISPOSE OF.
3. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
4. "FIREARM EXHIBITOR" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPO-
RATION, OR COMPANY THAT EXHIBITS, SELLS, OFFERS FOR SALE, TRANSFERS, OR
EXCHANGES FIREARMS, RIFLES, OR SHOTGUNS AT A GUN SHOW.
5. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
6. "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
7. "STRAW PURCHASE" MEANS THE PURCHASE, OR ATTEMPT TO PURCHASE, BY A
PERSON OF A FIREARM, RIFLE, SHOTGUN OR AMMUNITION FOR, ON BEHALF OF, OR
FOR THE USE OF ANOTHER PERSON KNOWN OR UNKNOWN. THE TERM SHALL NOT
INCLUDE A BONA FIDE GIFT TO A PERSON WHO IS NOT PROHIBITED FROM POSSESS-
ING OR RECEIVING SUCH A FIREARM. FOR PURPOSES OF THE PRECEDING SENTENCE,
A GIFT TO A PERSON IS NOT A BONA FIDE GIFT IF THE PERSON HAS OFFERED OR
GIVEN THE PURCHASER A SERVICE OR THING OF VALUE TO ACQUIRE THE FIREARM
FOR THE PERSON.
8. "STRAW PURCHASER" MEANS A PERSON WHO PURCHASES OR ATTEMPTS TO
PURCHASE A FIREARM, RIFLE, SHOTGUN OR AMMUNITION FOR, ON BEHALF OF, OR
FOR THE USE OF SUCH OTHER PERSON KNOWN OR UNKNOWN, OTHER THAN AS A BONA
FIDE GIFT.
9. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF STATE POLICE.
§ 875-B. REASONABLE MEASURES TO PREVENT UNLAWFUL SALES AND TRANSFERS
TO INDIVIDUALS WHO ARE PROHIBITED FROM PURCHASING OR POSSESSING
FIREARMS, RIFLES, AND SHOTGUNS. EVERY DEALER SHALL ADOPT REASONABLE
S. 8780 4
MEASURES TO PREVENT FIREARMS, RIFLES, AND SHOTGUNS FROM BEING DIVERTED
FROM THE LEGAL STREAM OF COMMERCE, INTENTIONALLY OR OTHERWISE, FOR LATER
SALE, TRANSFER, OR DISPOSAL TO INDIVIDUALS NOT LEGALLY ENTITLED TO
PURCHASE OR POSSESS SUCH WEAPONS. SUCH MEASURES SHALL INCLUDE, BUT NEED
NOT BE LIMITED TO, PROGRAMS TO ELIMINATE SALES TO STRAW PURCHASERS AND
TO OTHERWISE THWART ILLEGAL GUN TRAFFICKING. THE SUPERINTENDENT SHALL
DEVELOP PROGRAMS DESIGNED TO ELIMINATE SALES TO STRAW PURCHASERS AND TO
OTHERWISE THWART ILLEGAL GUN TRAFFICKING. WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF THIS ARTICLE, THE SUPERINTENDENT SHALL SUBMIT A REPORT
TO THE LEGISLATURE DETAILING SUCH PROGRAMS, INCLUDING ESTABLISHING MINI-
MUM REQUIREMENTS FOR SUCH PROGRAMS.
§ 875-C. SECURITY. 1. EVERY DEALER SHALL IMPLEMENT A SECURITY PLAN
FOR SECURING FIREARMS, RIFLES AND SHOTGUNS, INCLUDING FIREARMS, RIFLES
AND SHOTGUNS IN SHIPMENT. THE PLAN MUST SATISFY AT LEAST THE FOLLOWING
REQUIREMENTS:
(A) DISPLAY CASES SHALL BE LOCKED AT ALL TIMES EXCEPT WHEN REMOVING A
SINGLE FIREARM, RIFLE OR SHOTGUN TO SHOW A CUSTOMER, AND CUSTOMERS SHALL
HANDLE FIREARMS, RIFLES OR SHOTGUNS ONLY UNDER THE DIRECT SUPERVISION OF
AN EMPLOYEE;
(B) ALL FIREARMS, RIFLES AND SHOTGUNS SHALL BE SECURED, OTHER THAN
DURING BUSINESS HOURS, IN A LOCKED FIREPROOF SAFE OR VAULT IN THE
LICENSEE'S BUSINESS PREMISES OR IN A SIMILAR SECURED AND LOCKED AREA;
AND
(C) AMMUNITION SHALL BE STORED SEPARATELY FROM FIREARMS, RIFLES AND
SHOTGUNS AND OUT OF REACH OF CUSTOMERS.
2. (A) THE PERMITTED BUSINESS LOCATION SHALL BE SECURED BY AN ALARM
SYSTEM THAT IS INSTALLED AND MAINTAINED BY AN ALARM COMPANY OPERATOR
PROPERLY LICENSED PURSUANT TO STATE LAW. THE ALARM SYSTEM MUST BE MONI-
TORED BY A CENTRAL STATION LISTED BY UNDERWRITERS LABORATORIES, INC.,
AND COVERED BY AN ACTIVE UNDERWRITERS LABORATORIES, INC. ALARM SYSTEM
CERTIFICATE WITH A #3 EXTENT OF PROTECTION. THE PERMITTED BUSINESS
SHALL BE EQUIPPED WITH A VIDEO RECORDING DEVICE AT EACH POINT OF SALE
AND ENTRANCE AND EXITS TO THE PREMISES, WHICH SHALL BE RECORDED FROM
BOTH THE INDOOR AND OUTDOOR VANTAGE POINT AND SHALL MAINTAIN SUCH
RECORDINGS FOR A PERIOD OF NOT LESS THAN TWO YEARS.
(B) UNDERWRITERS LABORATORIES, INC. USES THE TERM "EXTENT OF
PROTECTION" TO REFER TO THE AMOUNT OF ALARM PROTECTION INSTALLED TO
PROTECT A PARTICULAR AREA, ROOM OR CONTAINER. SYSTEMS WITH A #3 EXTENT
OF PROTECTION INCLUDE COMPLETE PROTECTION FOR ALL ACCESSIBLE OPENINGS,
AND PARTIAL MOTION AND SOUND DETECTION AT CERTAIN OTHER AREAS OF THE
PREMISES. MORE INFORMATION MAY BE FOUND IN: CENTRAL STATION ALARM ASSO-
CIATION, A PRACTICAL GUIDE TO CENTRAL STATION BURGLAR ALARM SYSTEMS (3RD
ED. 2005).
§ 875-D. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS. EVERY RETAIL DEALER
SHALL EXCLUDE ALL PERSONS UNDER EIGHTEEN YEARS OF AGE FROM THOSE
PORTIONS OF ITS PREMISES WHERE FIREARMS, RIFLES, SHOTGUNS, OR AMMUNITION
ARE STOCKED OR SOLD, UNLESS SUCH PERSON IS ACCOMPANIED BY A PARENT OR
GUARDIAN.
§ 875-E. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES. EVERY DEALER
SHALL SELL OR OTHERWISE DISPOSE OF FIREARMS, RIFLES, AND SHOTGUNS ONLY
AT THE LOCATION LISTED ON THE DEALER'S FEDERAL FIREARMS LICENSE OR AT
GUN SHOWS.
§ 875-F. EMPLOYEE TRAINING. 1. EVERY DEALER SHALL ANNUALLY PROVIDE
THE TRAINING OUTLINED BY THE SUPERINTENDENT PURSUANT TO SUBDIVISION TWO
OF THIS SECTION TO ALL NEW AND CURRENT EMPLOYEES AND OTHER PERSONNEL
ENGAGED IN THE RETAIL SALE OF FIREARMS, RIFLES, AND SHOTGUNS. DEALERS
S. 8780 5
SHALL KEEP A RECORD OF THE COMPLETION OF THIS TRAINING WHICH MAY BE
REQUESTED AS PART OF THE CERTIFICATION PROCESS OUTLINED IN PARAGRAPH (B)
OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED SEVENTY-FIVE-H OF THIS ARTI-
CLE.
2. THE SUPERINTENDENT SHALL DEVELOP AND MAKE AVAILABLE TO EACH
LICENSED DEALER, A TRAINING COURSE IN THE CONDUCT OF FIREARM, RIFLE, AND
SHOTGUN TRANSFERS INCLUDING AT A MINIMUM THE FOLLOWING:
(A) FEDERAL AND STATE LAWS GOVERNING FIREARM, RIFLE, AND SHOTGUN
TRANSFERS.
(B) HOW TO RECOGNIZE, IDENTIFY, RESPOND, AND REPORT STRAW PURCHASES,
ILLEGAL PURCHASES, AND FRAUDULENT ACTIVITY.
(C) HOW TO RECOGNIZE, IDENTIFY, RESPOND, AND REPORT AN INDIVIDUAL WHO
INTENDS TO USE A FIREARM, RIFLE, OR SHOTGUN FOR UNLAWFUL PURPOSES,
INCLUDING SELF-HARM.
(D) HOW TO PREVENT, RESPOND, AND REPORT THEFT OR BURGLARY OF FIREARMS,
RIFLES, SHOTGUNS, AND AMMUNITION.
(E) HOW TO EDUCATE CUSTOMERS ON RULES OF GUN SAFETY, INCLUDING BUT NOT
LIMITED TO THE SAFE HANDLING AND STORAGE OF FIREARMS, RIFLES, AND SHOT-
GUNS.
(F) SUCH OTHER TOPICS THE SUPERINTENDENT DEEMS NECESSARY AND APPROPRI-
ATE.
3. NO EMPLOYEE OR AGENT OF ANY RETAIL DEALER SHALL PARTICIPATE IN THE
SALE OR DISPOSITION OF FIREARMS, RIFLES, OR SHOTGUNS UNLESS SUCH PERSON
IS AT LEAST TWENTY-ONE YEARS OF AGE AND HAS FIRST RECEIVED THE TRAINING
REQUIRED BY THIS SECTION. THE SUPERINTENDENT SHALL PROMULGATE REGU-
LATIONS SETTING FORTH MINIMUM REQUIREMENTS FOR THE MAINTENANCE OF
RECORDS OF SUCH TRAINING.
§ 875-G. MAINTENANCE OF RECORDS. EVERY DEALER SHALL ESTABLISH AND
MAINTAIN A BOOK, OR IF THE DEALER SHOULD CHOOSE, ELECTRONIC-BASED RECORD
OF SUCH PURCHASE, SALE, INVENTORY, AND OTHER RECORDS AT THE DEALER'S
PLACE OF BUSINESS IN SUCH FORM AND FOR SUCH PERIOD AS THE SUPERINTENDENT
SHALL REQUIRE, AND SHALL SUBMIT A COPY OF SUCH RECORDS TO THE NEW YORK
STATE POLICE EVERY APRIL AND OCTOBER. SUCH RECORDS SHALL AT A MINIMUM
INCLUDE THE FOLLOWING:
1. THE MAKE, MODEL, CALIBER OR GAUGE, MANUFACTURER'S NAME, AND SERIAL
NUMBER OF ALL RIFLES AND SHOTGUNS THAT ARE ACQUIRED OR DISPOSED OF NOT
LATER THAN ONE BUSINESS DAY AFTER THEIR ACQUISITION OR DISPOSITION.
MONTHLY BACKUPS OF THESE RECORDS KEPT IN A BOOK SHALL BE MAINTAINED IN A
SECURE CONTAINER DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISH-
AP. IF THE DEALER CHOOSES TO MAINTAIN AN ELECTRONIC-BASED RECORD
SYSTEM, THOSE RECORDS MUST BE BACKED UP ON AN EXTERNAL SERVER OR OVER
THE INTERNET AT THE CLOSE OF EACH BUSINESS DAY;
2. ALL RIFLES AND SHOTGUNS ACQUIRED BUT NOT YET DISPOSED OF MUST BE
ACCOUNTED FOR THROUGH AN INVENTORY CHECK PREPARED ONCE EACH MONTH AND
MAINTAINED IN A SECURE LOCATION;
3. RIFLE AND SHOTGUN DISPOSITION INFORMATION, INCLUDING THE SERIAL
NUMBERS OF RIFLES AND SHOTGUNS SOLD, DATES OF SALE, AND IDENTITY OF
PURCHASERS, SHALL BE MAINTAINED AND MADE AVAILABLE AT ANY TIME TO
GOVERNMENT LAW ENFORCEMENT AGENCIES AND TO THE MANUFACTURER OF THE WEAP-
ON OR ITS DESIGNEE; AND
4. EVERY DEALER SHALL MAINTAIN RECORDS OF CRIMINAL RIFLE AND SHOTGUN
TRACES INITIATED BY THE FEDERAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES ("ATF"). ALL ATF FORM 4473 TRANSACTION RECORDS SHALL BE
RETAINED ON THE DEALER'S BUSINESS PREMISES IN A SECURE CONTAINER
DESIGNED TO PREVENT LOSS BY FIRE, THEFT, OR OTHER MISHAP.
§ 875-H. INTERNAL COMPLIANCE AND CERTIFICATION. 1. EVERY DEALER SHALL:
S. 8780 6
(A) IMPLEMENT AND MAINTAIN SUFFICIENT INTERNAL COMPLIANCE PROCEDURES
TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE AND ALL
APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS GOVERNING THE
SALE, TRANSFER, AND DISPOSAL OF FIREARMS, RIFLES, AND SHOTGUNS; AND
(B) ANNUALLY CERTIFY TO THE SUPERINTENDENT THAT SUCH DEALER HAS
COMPLIED WITH ALL OF THE REQUIREMENTS OF THIS ARTICLE. THE SUPERINTEN-
DENT SHALL BY REGULATION DETERMINE THE FORM AND CONTENT OF SUCH ANNUAL
CERTIFICATION.
2. THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS ESTABLISHING PERI-
ODIC INSPECTIONS OF NOT LESS THAN ONE INSPECTION OF EVERY DEALER EVERY
THREE YEARS, DURING REGULAR AND USUAL BUSINESS HOURS, BY THE DIVISION OF
STATE POLICE OF THE PREMISES OF EVERY DEALER TO DETERMINE COMPLIANCE BY
SUCH DEALER WITH THE REQUIREMENTS OF THIS ARTICLE. EVERY DEALER SHALL
PROVIDE THE DIVISION OF STATE POLICE WITH FULL ACCESS TO SUCH DEALER'S
PREMISES FOR SUCH INSPECTIONS.
§ 875-I. RULES AND REGULATIONS. THE SUPERINTENDENT MAY PROMULGATE SUCH
ADDITIONAL RULES AND REGULATIONS AS THE SUPERINTENDENT SHALL DEEM NECES-
SARY TO PREVENT FIREARMS, RIFLES, AND SHOTGUNS FROM BEING DIVERTED FROM
THE LEGAL STREAM OF COMMERCE.
§ 875-J. VIOLATIONS. ANY PERSON, FIRM, OR CORPORATION WHO KNOWINGLY
VIOLATES ANY PROVISION OF THIS ARTICLE SHALL BE GUILTY OF A CLASS A
MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN THE PENAL LAW.
§ 3. Subdivision 1 of section 400.00 of the penal law, as amended by
chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
the laws of 2018, is amended to read as follows:
1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then only after investi-
gation and finding that all statements in a proper application for a
license are true. No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however, that
where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense or who is not the subject of
an outstanding warrant of arrest issued upon the alleged commission of a
felony or serious offense; (d) who is not a fugitive from justice; (e)
who is not an unlawful user of or addicted to any controlled substance
as defined in section 21 U.S.C. 802; (f) who being an alien (i) is not
illegally or unlawfully in the United States or (ii) has not been admit-
ted to the United States under a nonimmigrant visa subject to the excep-
tion in 18 U.S.C. 922(y)(2); (g) who has not been discharged from the
Armed Forces under dishonorable conditions; (h) who, having been a citi-
zen of the United States, has not renounced his or her citizenship; (i)
who has stated whether he or she has ever suffered any mental illness;
(j) who has not been involuntarily committed to a facility under the
jurisdiction of an office of the department of mental hygiene pursuant
to article nine or fifteen of the mental hygiene law, article seven
hundred thirty or section 330.20 of the criminal procedure law, section
four hundred two or five hundred eight of the correction law, section
322.2 or 353.4 of the family court act, or has not been civilly confined
in a secure treatment facility pursuant to article ten of the mental
hygiene law; (k) who has not had a license revoked or who is not under a
suspension or ineligibility order issued pursuant to the provisions of
section 530.14 of the criminal procedure law or section eight hundred
forty-two-a of the family court act; (l) in the county of Westchester,
S. 8780 7
who has successfully completed a firearms safety course and test as
evidenced by a certificate of completion issued in his or her name and
endorsed and affirmed under the penalties of perjury by a duly author-
ized instructor, except that: (i) persons who are honorably discharged
from the United States army, navy, marine corps or coast guard, or of
the national guard of the state of New York, and produce evidence of
official qualification in firearms during the term of service are not
required to have completed those hours of a firearms safety course
pertaining to the safe use, carrying, possession, maintenance and stor-
age of a firearm; and (ii) persons who were licensed to possess a pistol
or revolver prior to the effective date of this paragraph are not
required to have completed a firearms safety course and test; (m) who
has not had a guardian appointed for him or her pursuant to any
provision of state law, based on a determination that as a result of
marked subnormal intelligence, mental illness, incapacity, condition or
disease, he or she lacks the mental capacity to contract or manage his
or her own affairs; and (n) concerning whom no good cause exists for the
denial of the license. No person shall engage in the business of
gunsmith or dealer in firearms unless licensed pursuant to this section,
AND NO PERSON SHALL ENGAGE IN THE BUSINESS OF DEALER IN FIREARMS UNLESS
SUCH PERSON COMPLIES WITH THE PROVISIONS OF ARTICLE THIRTY-NINE-BB OF
THE GENERAL BUSINESS LAW. An applicant to engage in such business shall
also be a citizen of the United States, more than twenty-one years of
age and maintain a place of business in the city or county where the
license is issued. For such business, if the applicant is a firm or
partnership, each member thereof shall comply with all of the require-
ments set forth in this subdivision and if the applicant is a corpo-
ration, each officer thereof shall so comply.
§ 4. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
vision 11 as amended by chapter 1 of the laws of 2013 and subdivision 12
as amended by chapter 129 of the laws of 2019, are amended to read as
follows:
11. License: revocation and suspension. (a) The conviction of a licen-
see anywhere of a felony or serious offense or a licensee at any time
becoming ineligible to obtain a license under this section shall operate
as a revocation of the license. A license may be revoked or suspended as
provided for in section 530.14 of the criminal procedure law or section
eight hundred forty-two-a of the family court act. Except for a license
issued pursuant to section 400.01 of this article, a license may be
revoked and cancelled at any time in the city of New York, and in the
counties of Nassau and Suffolk, by the licensing officer, and elsewhere
than in the city of New York by any judge or justice of a court of
record; a license issued pursuant to section 400.01 of this article may
be revoked and cancelled at any time by the licensing officer or any
judge or justice of a court of record. A LICENSE TO ENGAGE IN THE BUSI-
NESS OF DEALER MAY BE REVOKED OR SUSPENDED FOR ANY VIOLATION OF THE
PROVISIONS OF ARTICLE THIRTY-NINE-BB OF THE GENERAL BUSINESS LAW. The
official revoking a license shall give written notice thereof without
unnecessary delay to the executive department, division of state police,
Albany, and shall also notify immediately the duly constituted police
authorities of the locality.
(b) Whenever the director of community services or his or her designee
makes a report pursuant to section 9.46 of the mental hygiene law, the
division of criminal justice services shall convey such information,
whenever it determines that the person named in the report possesses a
S. 8780 8
license issued pursuant to this section, to the appropriate licensing
official, who shall issue an order suspending or revoking such license.
(c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing official and
any and all firearms, rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency as
provided in subparagraph (f) of paragraph one of subdivision a of
section 265.20 of this chapter. In the event such license, firearm,
shotgun, or rifle is not surrendered, such items shall be removed and
declared a nuisance and any police officer or peace officer acting
pursuant to his or her special duties is authorized to remove any and
all such weapons.
12. Records required of gunsmiths and dealers in firearms. [Any] IN
ADDITION TO THE REQUIREMENTS SET FORTH IN ARTICLE THIRTY-NINE-BB OF THE
GENERAL BUSINESS LAW, 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 superintendent 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 identification 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, 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 superintendent 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 elec-
tronic form if the superintendent determines that such dealer is incapa-
ble 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 estab-
lished 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 pursuant to his special duties, or police
S. 8780 9
officer. In the event of cancellation 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.
§ 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation for the implementation of
section two of this act on its effective date are authorized to be made
on or before such effective date.
