Bill Text: NY A09068 | 2017-2018 | General Assembly | Amended

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Bill Title: Implements the effective background check act of 2018; requires background checks for employees who would be authorized to possess or transfer firearms.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2018-06-18 - reported referred to rules [A09068 Detail]

Download: New_York-2017-A09068-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9068--A
                   IN ASSEMBLY
                                    January 18, 2018
                                       ___________
        Introduced  by  M.  of  A.  FAHY,  SIMON, MOSLEY, GLICK -- read once and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the penal law, in relation  to  enacting  the  effective
          background  check  act  of  2018,  in relation to requiring background
          checks for employees who would be authorized to  possess  or  transfer
          firearms, rifles, or shotguns
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the  "effective
     2  background check act of 2018".
     3    § 2. Section 400.00 of the penal law is amended by adding a new subdi-
     4  vision 12-b to read as follows:
     5    12-b.  Employees of a gunsmith or dealer in firearms, rifles, or shot-
     6  guns. (a) No person shall  be  employed  by  a  gunsmith  or  dealer  in
     7  firearms, rifles, or shotguns for duties that include handling, selling,
     8  or  otherwise disposing of firearms, rifles, or shotguns, if such person
     9  is prohibited from receiving or possessing firearms, rifles, or shotguns
    10  under federal law or if such person  is  prohibited  from  receiving  or
    11  possessing  firearms, rifles, or shotguns under local, state, or federal
    12  law or if such person would be  ineligible  for  a  license  under  this
    13  section.
    14    (b)  No  gunsmith  or  dealer  in  firearms, rifles, or shotguns shall
    15  employ a person whose duties include  handling,  selling,  or  otherwise
    16  disposing  of  firearms, rifles, or shotguns, unless: (i) such person is
    17  twenty-one years of age or older and has been issued an  employee  back-
    18  ground check certificate from the division of criminal justice services;
    19  or  (ii)  such  person has obtained and possesses a valid license issued
    20  under the provisions of this section or section 400.01 of this  article;
    21  or (iii) such person is a police officer as defined in subdivision thir-
    22  ty-four of section 1.20 of the criminal procedure law.
    23    (c)  Applications  for employee background check certificates shall be
    24  submitted by the applicant's prospective employer  to  the  division  of
    25  criminal  justice services in a form approved by such division. Applica-
    26  tions must contain, at a minimum, the information required to conduct  a
    27  background  check  in  the  National  Instant  Criminal Background Check
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02944-06-8
        A. 9068--A                          2
     1  System (NICS) or its successor. All  applications  must  be  signed  and
     2  verified by the applicant.
     3    (d)  Upon  receipt  of an application for an employee background check
     4  certificate, the division of criminal justice services shall  conduct  a
     5  background  check of the applicant in NICS or its successor. The results
     6  of the background check must indicate that there is no information  that
     7  would  disqualify  the applicant from receiving or possessing a firearm,
     8  rifle, or shotgun under state or under federal law, and the division  of
     9  criminal  justice  services  shall  document  such result on an employee
    10  background check certificate.
    11    (e) The division of criminal justice services shall issue to  qualify-
    12  ing  employees  an  employee  background  check certificate, which shall
    13  certify that a background check was conducted  on  the  holder  of  such
    14  certificate and that NICS indicated that there was no information in the
    15  system  as of the date of the background check that would disqualify the
    16  applicant from receiving or possessing a  firearm,  rifle,  or  shotgun.
    17  Such  certificate  shall have the effect of authorizing such employee to
    18  handle, sell, or otherwise dispose of those firearms, rifles,  or  shot-
    19  guns that are lawfully possessed, sold or disposed of by the gunsmith or
    20  dealer  in  firearms,  rifles,  or  shotguns only while such employee is
    21  actually conducting business on behalf of  the  gunsmith  or  dealer  in
    22  firearms, rifles, or shotguns notwithstanding the fact that such weapons
    23  may  not be the type the employee would otherwise be licensed or author-
    24  ized to possess under New York law. The employee shall have  in  his  or
    25  her  possession a copy of his or her certificate or valid license issued
    26  under the provisions of this section or section 400.01 of  this  article
    27  or proof that he or she is a police officer.  A copy of such certificate
    28  or  license or proof that an employee is a police officer shall be main-
    29  tained by the gunsmith or dealer in firearms, rifles, or shotguns on the
    30  premises where such employee works. All certificates, licenses, or proof
    31  that an employee is a police officer and  copies  referred  to  in  this
    32  paragraph  shall be produced upon request by any police officer or peace
    33  officer acting pursuant to his or her special duties.  Such  certificate
    34  shall  become  invalid  effective upon the termination of the employee's
    35  employment. An employer shall notify the division  of  criminal  justice
    36  services, in a manner determined by the division, whenever a certificate
    37  holder's employment with such dealer or gunsmith has been terminated.
    38    (f)  For  the purpose of this subdivision, the term handling shall not
    39  include moving or carrying, in the normal course of business, a  secured
    40  crate or container that contains a firearm or firearms, rifle or rifles,
    41  or shotgun or shotguns, from one location to another within the premises
    42  of a gunsmith or dealer in firearms, rifles, or shotguns.
    43    (g)  A failure to adhere to the requirements of this subdivision shall
    44  constitute a violation on the part of both the employee and the gunsmith
    45  or dealer in firearms, rifles, or shotguns.
    46    § 3. This act shall take effect on the one hundred eightieth day after
    47  it shall have become a law, except that the division of criminal justice
    48  services shall promulgate any rules or regulations or approve any  forms
    49  necessary for applications for employee background check certificates to
    50  be submitted to and approved by such division and for certificates to be
    51  issued  by  such division pursuant to subdivision 12-b of section 400.00
    52  of the penal law as added by section two of this act, and shall begin to
    53  issue such certificates to qualifying employees before the  one  hundred
    54  eightieth day after this act shall have become a law.