Bill Text: NY S07835 | 2011-2012 | General Assembly | Introduced


Bill Title: Establishes a 10 day waiting period for the purchase of any firearm; violations of such provisions shall constitute a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2012-08-13 - REFERRED TO RULES [S07835 Detail]

Download: New_York-2011-S07835-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7835
                                   I N  S E N A T E
                                    August 13, 2012
                                      ___________
       Introduced  by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, HASSELL-
         THOMPSON, KRUEGER, MONTGOMERY, OPPENHEIMER, PERKINS, RIVERA,  SERRANO,
         STAVISKY  --  read  twice  and ordered printed, and when printed to be
         committed to the Committee on Rules
       AN ACT to amend the general business law, in relation to establishing  a
         waiting period for the purchase of a firearm
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new article
    2  38-B to read as follows:
    3                                ARTICLE 38-B
    4                       WAITING PERIOD FOR PURCHASE OF
    5                                  FIREARMS
    6  SECTION 825. DEFINITIONS.
    7          826. WAITING PERIOD.
    8          827. EXEMPTIONS.
    9          828. PENALTY.
   10    S 825. DEFINITIONS. AS USED IN THIS SECTION:
   11    1.  "DEALER IN FIREARMS" HAS THE SAME MEANING AS THAT TERM IS  DEFINED
   12  IN SUBDIVISION NINE OF SECTION 265.00 OF THE PENAL LAW.
   13    2.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
   14  SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   15    S 826. WAITING  PERIOD.  NO  DEALER  IN  FIREARMS  SHALL  DELIVER  ANY
   16  FIREARM, AND NO PERSON SHALL TAKE POSSESSION OF ANY FIREARM FROM A DEAL-
   17  ER IN FIREARMS UNLESS:
   18    1.  TEN  DAYS  HAVE  ELAPSED  FROM  THE DATE SUCH DEALER INITIATED THE
   19  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER AS  REQUIRED
   20  BY  18  U.S.C.  S  922(T),  AFTER RECEIVING A COMPLETED FEDERAL FIREARMS
   21  TRANSACTION RECORD, FORM 4473, FROM THE PURCHASER; AND
   22    2. SUCH DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS  PASSED  ALL
   23  BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
   24    S  827.  EXEMPTIONS.  SECTION EIGHT HUNDRED TWENTY-SIX OF THIS ARTICLE
   25  SHALL NOT APPLY TO:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16413-03-2
       S. 7835                             2
    1    1. ANY LAW ENFORCEMENT OR CORRECTIONAL AGENCY, OR  POLICE  OFFICER  OR
    2  CORRECTIONS  OFFICER  ACTING  WITHIN  THE  COURSE OR SCOPE OF HIS OR HER
    3  EMPLOYMENT;
    4    2.  ANY  FEDERAL  OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS OR CARRY A
    5  FIREARM IN THE COURSE OF HIS OR HER DUTIES, AND ANY MEMBER OF THE  ARMED
    6  FORCES OF THE UNITED STATES OR THE NATIONAL GUARD;
    7    3.  ANY  MANUFACTURER,  DISTRIBUTOR  OR DEALER OF FIREARMS WHEN TRANS-
    8  FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER;
    9    4. ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL  LAW,
   10  RECEIVING A FIREARM FOR SERVICE OR REPAIR; AND
   11    5.  ANY  COMMON  CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
   12  BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS.
   13    S 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
   14  SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   15    S 2. This act shall take effect on the first of January next  succeed-
   16  ing the date on which it shall have become a law.
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