Senate Bill S7650A

2023-2024 Legislative Session

Relates to national instant criminal background checks and ammunition; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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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Bill Amendments

2023-S7650 - Details

See Assembly Version of this Bill:
A8421
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Rpld §400.02 sub 2, Pen L; amd §228, rpld §228 sub 5, sub 6 ¶c, Exec L; rpld §99-pp, St Fin L

2023-S7650 - Summary

Removes ammunition and ammunition sales from the requirements of background checks; repeals certain provisions of law relating thereto; repeals the background check fund.

2023-S7650 - Sponsor Memo

2023-S7650 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7650
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                            September 11, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT amend the penal law, in relation to  the  statewide  license  and
   record database; and to repeal certain provisions of the executive law
   and the state finance law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 2 of section 400.02 of
 the penal law, as added by chapter 371 of the laws of 2022,  is  amended
 to read as follows:
   There  shall  be  a statewide license and record database specific for
 ammunition sales which shall be created and maintained by  the  division
 of  state  police  the  cost of which shall not be borne by [any munici-
 pality] THE STATE IN ITS ENTIRETY AND SHALL NOT BE PASSED ON TO  CONSUM-
 ERS  OR  RETAILERS SUBJECT TO AMMUNITION BACKGROUND CHECKS no later than
 thirty days upon designating the division of state police as  the  point
 of  contact  to  perform  both  firearm and ammunition background checks
 under federal and state law. Records assembled or collected for purposes
 of inclusion in such database shall not be subject to disclosure  pursu-
 ant  to  article  six of the public officers law. All records containing
 granted license applications from all  licensing  authorities  shall  be
 monthly checked by the division of criminal justice services in conjunc-
 tion  with  the  division  of  state police against criminal conviction,
 criminal indictments, mental health,  extreme  risk  protection  orders,
 orders  of  protection, and all other records as are necessary to deter-
 mine their continued accuracy as well as whether  an  individual  is  no
 longer a valid license holder. The division of criminal justice services
 shall  also  check  pending  applications  made pursuant to this article
 against such records to determine whether a license may be granted.  All
 state  and  local agencies shall cooperate with the division of criminal
 justice services, as  otherwise  authorized  by  law,  in  making  their
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13175-01-3
              

co-Sponsors

2023-S7650A (ACTIVE) - Details

See Assembly Version of this Bill:
A8421
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Rpld §400.02 sub 2, Pen L; amd §228, rpld §228 sub 5, sub 6 ¶c, Exec L; rpld §99-pp, St Fin L

2023-S7650A (ACTIVE) - Summary

Removes ammunition and ammunition sales from the requirements of background checks; repeals certain provisions of law relating thereto; repeals the background check fund.

2023-S7650A (ACTIVE) - Sponsor Memo

2023-S7650A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7650--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                            September 11, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the executive law, in relation to national instant crim-
   inal  background checks; and to repeal certain provisions of the penal
   law, the executive law and the state finance law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  400.02  of  the penal law is
 REPEALED.
   § 2. Subdivisions 1, 2, 3 and 4 of section 228 of the  executive  law,
 as  added  by  chapter  371  of the laws of 2022, are amended to read as
 follows:
   1. (a) 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  for  the
 purchase of firearms [and ammunition].
   (b)  Upon  receiving  a  request  from  a  licensed dealer pursuant to
 section eight hundred ninety-six or eight hundred  ninety-eight  of  the
 general  business law, the division shall initiate a background check by
 (i) contacting the National Instant  Criminal  Background  Check  System
 (NICS)  or  its  successor to initiate a national instant criminal back-
 ground check, and (ii) consulting the  statewide  firearms  license  and
 records  database  established  pursuant  to  subdivision  three of this
 section, in order to determine if the purchaser is a person described in
 sections 400.00 and 400.03 of the penal law, or is prohibited  by  state
 or  federal  law  from  possessing,  receiving,  owning, or purchasing a
 firearm [or ammunition].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13175-02-3
 S. 7650--A                          2
              

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