Bill Text: NY S01863 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires the police authority in the locality where an application is made for a license to carry, possess, repair and dispose of firearms to conduct a search of the National Instant Criminal Background Check System (NICS).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-09-12 - PRINT NUMBER 1863A [S01863 Detail]

Download: New_York-2011-S01863-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1863
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 13, 2011
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN  ACT  to  amend  the  penal  law,  in  relation to licenses to carry,
         possess, repair and dispose of firearms
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (f) of subdivision 2 and subdivision 4 of section
    2  400.00  of  the  penal law, paragraph (f) of subdivision 2 as amended by
    3  chapter 189 of the laws of 2000 and subdivision 4 as amended by  chapter
    4  331 of the laws of 2005, are amended to read as follows:
    5    (f) have and carry concealed, without regard to employment or place of
    6  possession[,  by  any  person  when proper cause exists for the issuance
    7  thereof]; and
    8    4. Investigation. Before a license is issued or renewed,  there  shall
    9  be an investigation of all statements required in the application by the
   10  duly  constituted police authorities of the locality where such applica-
   11  tion is made. For that purpose, the records of the appropriate office of
   12  the department of mental hygiene concerning previous or  present  mental
   13  illness of the applicant shall be available for inspection by the inves-
   14  tigating  officer  of the police authority.  THE POLICE AUTHORITY IN THE
   15  LOCALITY WHERE THE APPLICATION IS MADE SHALL CONDUCT  A  SEARCH  OF  THE
   16  NATIONAL  INSTANT  CRIMINAL  BACKGROUND CHECK SYSTEM (NICS). In order to
   17  ascertain any previous criminal record, the investigating officer  shall
   18  take  the fingerprints and physical descriptive data in quadruplicate of
   19  each individual by whom the application  is  signed  and  verified.  Two
   20  copies of such fingerprints shall be taken on standard fingerprint cards
   21  eight  inches  square,  and one copy may be taken on a card supplied for
   22  that purpose by the federal bureau of investigation; provided,  however,
   23  that in the case of a corporate applicant that has already been issued a
   24  dealer  in firearms license and seeks to operate a firearm dealership at
   25  a second or subsequent location, the original fingerprints on  file  may
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06350-01-1
       S. 1863                             2
    1  be  used  to  ascertain  any criminal record in the second or subsequent
    2  application unless any of the corporate officers have changed since  the
    3  prior  application, in which case the new corporate officer shall comply
    4  with  procedures governing an initial application for such license. When
    5  completed, one standard card shall be forwarded to and retained  by  the
    6  division  of  criminal  justice services in the executive department, at
    7  Albany. A search of the files of such division and written  notification
    8  of  the results of the search to the investigating officer shall be made
    9  without unnecessary delay.  Thereafter, such division shall  notify  the
   10  licensing  officer  and  the  executive  department,  division  of state
   11  police, Albany, of any criminal record of the  applicant  filed  therein
   12  subsequent  to  the  search of its files. A second standard card, or the
   13  one supplied by the federal bureau of investigation, as the case may be,
   14  shall be forwarded to that bureau at Washington with a request that  the
   15  files  of  the bureau be searched and notification of the results of the
   16  search be made to the investigating police  authority.  The  failure  or
   17  refusal  of  the federal bureau of investigation to make the fingerprint
   18  check provided for in this section shall not constitute the  sole  basis
   19  for  refusal  to  issue  a  permit  pursuant  to  the provisions of this
   20  section. Of the remaining two fingerprint cards, one shall be filed with
   21  the executive department, division of state police, Albany,  within  ten
   22  days  after  issuance  of the license, and the other remain on file with
   23  the  investigating  police  authority.  No  such  fingerprints  may   be
   24  inspected by any person other than a peace officer, who is acting pursu-
   25  ant  to  his  special  duties, or a police officer, except on order of a
   26  judge or justice of a court of record either upon notice to the licensee
   27  or without notice, as the judge or justice may  deem  appropriate.  Upon
   28  completion  of  the investigation, the police authority shall report the
   29  results to the licensing officer without unnecessary delay.
   30    S 2. This act shall take effect on the ninetieth day  after  it  shall
   31  have become a law.