Bill Text: NY A10045 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the point of contact for conducting national instant criminal background checks; authorizes and directs the division of state police to serve as the point of contact for implementation of 18 U.S.C. sec. 922(t).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-08 - referred to governmental operations [A10045 Detail]
Download: New_York-2017-A10045-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10045 IN ASSEMBLY March 8, 2018 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, the general business law and the penal law, in relation to the point of contact for conducting national instant criminal background checks The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 228 to 2 read as follows: 3 § 228. National instant criminal background checks. The division is 4 hereby authorized and directed to serve as a state point of contact for 5 implementation of 18 U.S.C. sec. 922 (t), all federal regulations and 6 applicable guidelines adopted pursuant thereto, and the national instant 7 criminal background check system. 8 1. The division shall report the name, date of birth and physical 9 description of any person prohibited from possessing a firearm pursuant 10 to 18 USC 922(g) or (n) to the national instant criminal background 11 check system index, denied persons files. 12 2. The superintendent shall promulgate a plan to coordinate background 13 checks for purchases, including NICS, in New York state. Such plan may 14 include, but is not limited to, recruiting and training personnel, 15 setting up an instantaneous electronic database, and selecting hours of 16 operation. 17 (a) Following implementation of such plan, no application or record of 18 sale shall be completed for the purchase or transfer of a firearm by a 19 licensed dealer without first contacting the division. 20 (b) Upon establishment of such plan, the superintendent shall notify 21 each person, firm or corporation holding a permit to sell firearms of 22 the existence and purpose of the system and the means to be used to 23 apply for background checks. 24 3. Any applicant shall have thirty days to appeal the denial of a 25 background check, using a form established by the superintendent. The 26 division shall research the background check and provide such applicant EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14987-01-8A. 10045 2 1 a reason for a denial. Upon receipt of the reason for denial, the appel- 2 lant may appeal to the attorney general. 3 § 2. Subdivision 2 of section 898 of the general business law, as 4 added by chapter 1 of the laws of 2013, is amended to read as follows: 5 2. Before any sale, exchange or disposal pursuant to this article, a 6 national instant criminal background check must be completed by a dealer 7 who [consents] shall contact the division of state police to conduct 8 such check[, and upon completion of such background check, shall9complete a document, the form of which shall be approved by the super-10intendent of state police, that identifies and confirms that such check11was performed]. 12 § 3. Paragraph (c) of subdivision 1 of section 896 of the general 13 business law, as added by chapter 189 of the laws of 2000, is amended to 14 read as follows: 15 (c) coordinate with the division of state police to provide access at 16 the gun show to [a firearm dealer licensed under federal law who is17authorized to] perform a national instant criminal background check 18 [where the seller or transferor of a firearm, rifle or shotgun is not19authorized to conduct such a check by (i) requiring firearm exhibitors20who are firearm dealers licensed under federal law and who are author-21ized to conduct a national instant criminal background check to provide22such a check at cost or (ii) designating a specific location at the gun23show where a firearm dealer licensed under federal law who is authorized24to conduct a national instant criminal background check will be present25to perform such a check at cost] prior to any firearm sale or transfer. 26 Any firearm dealer licensed under federal law who [performs] contacts 27 the division of state police to perform a national instant criminal 28 background check pursuant to this paragraph shall provide the seller or 29 transferor of the firearm, rifle or shotgun with a copy of the United 30 States Department of Treasury, Bureau of Alcohol, Tobacco and Firearms 31 Form ATF F 4473 and such dealer shall maintain such form and make such 32 form available for inspection by law enforcement agencies for a period 33 of ten years thereafter. 34 § 4. Subdivision 6 of section 400.03 of the penal law, as added by 35 chapter 1 of the laws of 2013, is amended to read as follows: 36 6. If the superintendent of state police certifies that background 37 checks of ammunition purchasers may be conducted through the national 38 instant criminal background check system, [use of that system by] a 39 dealer or seller shall contact the division of state police to conduct 40 such check which shall be sufficient to satisfy subdivisions four and 41 five of this section [and such checks shall be conducted through such42system, provided that a record of such transaction shall be forwarded to43the state police in a form determined by the superintendent]. 44 § 5. The penal law is amended by adding a new section 400.06 to read 45 as follows: 46 § 400.06 National instant criminal background checks. 47 1. Any dealer in firearms that delivers or otherwise transfers any 48 firearm shall contact the division of state police to conduct a national 49 instant criminal background check. 50 2. Failure to comply with the requirements of this section is a class 51 A misdemeanor. 52 § 6. This act shall take effect on the ninetieth day after it shall 53 have become a law. Effective immediately, the addition, amendment and/or 54 repeal of any rule or regulation necessary for the implementation of 55 this act on its effective date are authorized and directed to be made 56 and completed on or before such effective date.
