S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5696
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2023
                                ___________
 
 Introduced  by  M.  of A. LAVINE, SEAWRIGHT -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the general business law and the penal 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:
   1. ANY LAW ENFORCEMENT OR CORRECTIONAL AGENCY, OR  POLICE  OFFICER  OR
 CORRECTIONS  OFFICER  ACTING  WITHIN  THE  COURSE OR SCOPE OF HIS OR HER
 EMPLOYMENT;
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03285-02-3
 A. 5696                             2
 
   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.  Subdivision  1  of  section 897 of the general business law, as
 amended by chapter 129 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1. A national instant criminal background check shall be conducted and
 no  person  shall  sell or transfer a firearm, rifle or shotgun at a gun
 show, except in accordance with the  provisions  of  18  U.S.C.  922(t),
 provided  that  before  delivering  a  firearm,  rifle or shotgun to any
 person, [either (a)] the  National  Instant  Criminal  Background  Check
 System  (NICS)  or  its successor has issued a "proceed" response to the
 seller or transferor, [or (b) thirty calendar days  shall  have  elapsed
 since  the  date  the  seller or transferor contacted NICS to initiate a
 national instant criminal background check and NICS has not notified the
 seller or transferor that the transfer of the firearm, rifle or  shotgun
 to  such  person should be denied]  AND TEN DAYS SHALL HAVE ELAPSED FROM
 THE DATE SUCH SELLER OR TRANSFEROR INITIATED THE NATIONAL INSTANT CRIMI-
 NAL 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 SUCH SELLER OR TRANSFEROR HAS RECEIVED
 NOTICE THAT THE PURCHASER HAS  PASSED  ALL BACKGROUND CHECKS REQUIRED BY
 FEDERAL, STATE AND LOCAL LAW.
   § 3. Subdivisions 1 and 2 of section 898 of the general business  law,
 subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi-
 sion  2  as  amended  by chapter 371 of the laws of 2022, are amended to
 read as follows:
   1. In addition to any other requirements pursuant to state and federal
 law, all sales, exchanges or disposals of firearms, rifles  or  shotguns
 shall  be  conducted  in  accordance with this section unless such sale,
 exchange or disposal is  conducted  by  a  licensed  importer,  licensed
 manufacturer  or licensed dealer, as those terms are defined in 18 USC §
 922, when such sale, exchange or disposal is conducted pursuant to  that
 person's  federal firearms license or such sale, exchange or disposal is
 between members of  an  immediate  family.  When  a  sale,  exchange  or
 disposal  is  conducted pursuant to a person's federal firearms license,
 before delivering a firearm, rifle or shotgun  to  any  person,  [either
 (a)] the National Instant Criminal Background Check System (NICS) or its
 successor has issued a "proceed" response to the federal firearms licen-
 see,  [or (b) thirty calendar days shall have elapsed since the date the
 federal firearms licensee contacted NICS to initiate a national  instant
 criminal background check and NICS has not notified the federal firearms
 A. 5696                             3

 licensee  that  the  transfer  of  the firearm, rifle or shotgun to such
 person should be denied] AND  TEN  DAYS SHALL 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  SUCH  DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS
 PASSED ALL BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND  LOCAL  LAW.
 For  purposes  of  this  section, "immediate family" shall mean spouses,
 domestic partners, children and step-children.
   2. Before any sale, exchange or disposal pursuant to this  article,  a
 national instant criminal background check must be completed by a dealer
 who  shall  submit a request to the division of state police pursuant to
 section two hundred twenty-eight of the executive law  to  conduct  such
 check.  Before  a  dealer who has submitted a request to the division 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, [or  (b)  thirty  calendar  days
 shall  have elapsed since the date the dealer submitted a request to the
 division of state police to contact the  NICS  to  initiate  a  national
 instant criminal background check and NICS has not notified the division
 of  state  police  that the transfer of the firearm, rifle or shotgun to
 such person should be denied] AND  TEN  DAYS SHALL  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 RECEIV-
 ING A COMPLETED FEDERAL FIREARMS TRANSACTION RECORD, FORM 4473, FROM THE
 PURCHASER; AND SUCH DEALER HAS RECEIVED NOTICE THAT  THE  PURCHASER  HAS
 PASSED  ALL BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
   §  4. Subdivision 12 of section 400.00 of the penal law, as amended by
 chapter 207 of the laws of 2022, is amended to read as follows:
   12. Records required of gunsmiths and dealers in firearms. 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 OR
 HER 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] AND TEN DAYS SHALL HAVE ELAPSED FROM THE DATE SUCH DEALER INITI-
 ATED 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  SUCH
 DEALER  HAS RECEIVED NOTICE THAT THE PURCHASER HAS PASSED ALL BACKGROUND
 CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL  LAW.  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.
 A. 5696                             4
 
 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  super-
 intendent  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 electronic form if the super-
 intendent determines that such dealer is incapable 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 established 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 main-
 tained 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 OR HER special duties, or police officer. In  the
 event of cancellation or revocation of the license for gunsmith or deal-
 er 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  else-
 where  in  the  state  to  the  executive  department, division of state
 police.
   § 5. Section 400.20 of the penal law, as added by chapter 129  of  the
 laws of 2019, is amended to read as follows:
 § 400.20 Waiting  period  in  connection  with the sale or transfer of a
            rifle or shotgun.
   When a national instant criminal background check is required pursuant
 to state or federal law to be conducted  through  the  National  Instant
 Criminal  Background  Check System (NICS) or its successor in connection
 with the sale or transfer of a rifle or shotgun to  any  person,  before
 delivering  a  rifle  or  shotgun  to such person, [either (a)] NICS has
 issued a "proceed" response to the seller or transferor, [or (b)  thirty
 calendar days shall have elapsed since the date the seller or transferor
 contacted  NICS to initiate a national instant criminal background check
 and NICS has not notified the seller or transferor that the transfer  of
 the  rifle  or  shotgun  to  such person should be denied]  AND TEN DAYS
 SHALL 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  TRANS-
 ACTION  RECORD,  FORM  4473,  FROM  THE  PURCHASER;  AND SUCH DEALER HAS
 RECEIVED NOTICE THAT THE PURCHASER HAS   PASSED  ALL  BACKGROUND  CHECKS
 REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become  a  law;  provided,  however,
 that  if  chapter 371 of the laws of 2022 shall not have taken effect on
 or before such date then the amendments to subdivision 2 of section  898
 of the general business law, as made by section three of this act, shall
 take  effect  on the same date and in the same manner as such chapter of
 the laws of 2022 takes effect.