S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1235--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by Sens. GIANARIS, ADDABBO, BIAGGI, BRESLIN, GAUGHRAN, JACK-
   SON, KAPLAN, KRUEGER, RIVERA, SEPULVEDA,  SERRANO,  STAVISKY  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Senate Rule 6, sec. 8 -- 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03103-02-2
              

 S. 1235--A                          2
 
   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:
   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.