NY State Senate Bill 2023-S7645

Senate Bill S7645

2023-2024 Legislative Session

Repeals certain provisions establishing a fee for background checks on certain firearm and ammunition purchases and amends the source of funds for the background check fund accordingly

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Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Aug 30, 2023	referred to rules

co-Sponsors

2023-S7645 (ACTIVE) - Details

See Assembly Version of this Bill:: A8185
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Rpld §228 sub 5, Exec L; amd §99-pp, St Fin L

2023-S7645 (ACTIVE) - Summary

Repeals certain provisions establishing a fee for background checks on certain firearm and ammunition purchases; removes such fees as a source of funds for the background check fund.

2023-S7645 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7645

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to repeal certain provisions of the executive law establishing a
fee for background checks on certain firearm and ammunition purchases;
and to amend the state finance law, in relation to the source of funds
for the background check fund

 
PURPOSE:

This bill would repeal the background check fees for guns and ammunition
as included in the Concealed Carry Improvement Act (CCIA).

 
SUMMARY OF PROVISIONS:

Section 1: Repeals subdivision 5 of section 228 of the executive law.

Section 2: Makes technical corrections to subdivision 2 of section 99p
of the state finance law to account for the repealer of subdivision 5 of
section 228 of the executive law. Repeals subdivision 5 of section 99-p

of the state finance law.

Section 3: Sets the effective date.

 
JUSTIFICATION:

With the passage of the CCIA, many gun owners and shops have been
outraged by the additional background check fees the law imposes.
Previously, background checks were free of charge. This was because all
checks went through the National Instant Criminal Background Check
System (NICS). However, New York will now charge buyers $9 per check for
a gun purchase, and $2.50 for ammunition. This fee will be charged every
time someone in New York buys a gun or ammunition.

This is yet another way to disincentivize New Yorkers from exercising
their 2nd Amendment rights. While seemingly minimal, these fees will add
up for hunters and sportsmen. These changes could lead to a precipitous
decline in revenue for gun shops, many of which are currently struggling
in the state. If New York is going to mandate these checks, it should
foot the bill and not put the onus on law abiding gun owners.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Loss in revenue with the straight repealer of said fees.

 
EFFECTIVE DATE:
Effective immediately.

2023-S7645 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7645
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 30, 2023
                                ___________
 
 Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to repeal certain provisions of the executive law establishing  a
   fee for background checks on certain firearm and ammunition purchases;
   and to amend the state finance law, in relation to the source of funds
   for the background check fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of  section  228  of  the  executive  law  is
 REPEALED.
   §  2.  Subdivisions 2 and 5 of section 99-pp of the state finance law,
 as added by chapter 371 of the laws of 2022,  are  amended  to  read  as
 follows:
   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] CONSISTING  OF  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.
   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.]
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13159-01-3

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Senate Bill S7645

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Sponsored By

Mark Walczyk

Current Bill Status - In Senate Committee Finance Committee

co-Sponsors

Jacob Ashby

Dean Murray

Peter Oberacker

Daniel G. Stec

2023-S7645 (ACTIVE) - Details

2023-S7645 (ACTIVE) - Summary

2023-S7645 (ACTIVE) - Sponsor Memo

2023-S7645 (ACTIVE) - Bill Text download pdf

Comments