STATE OF NEW YORK
________________________________________________________________________
11327
IN ASSEMBLY
September 19, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
read once and referred to the Committee on Codes
AN ACT to amend the penal law and the general business law, in relation
to eliminating the default proceed firearm loophole
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 12 of section 400.00 of the penal law, as
2 amended by chapter 1 of the laws of 2013, is amended to read as follows:
3 12. Records required of gunsmiths and dealers in firearms. Any person
4 licensed as gunsmith or dealer in firearms shall keep a record book
5 approved as to form, except in the city of New York, by the superinten-
6 dent of state police. In the record book shall be entered at the time of
7 every transaction involving a firearm the date, name, age, occupation
8 and residence of any person from whom a firearm is received or to whom a
9 firearm is delivered, and the calibre, make, model, manufacturer's name
10 and serial number, or if none, any other distinguishing number or iden-
11 tification mark on such firearm. Before delivering a firearm to any
12 person, the licensee shall require him to produce either a license valid
13 under this section to carry or possess the same, or proof of lawful
14 authority as an exempt person pursuant to section 265.20 of this chapter
15 and the national instant criminal background check system or its succes-
16 sor having issued a "proceed" response to the dealer. A licensee shall
17 not deliver a firearm to any person if the national instant criminal
18 background check system or its successor issues a response other than
19 "proceed" to the licensee. In addition, before delivering a firearm to
20 a peace officer, the licensee shall verify that person's status as a
21 peace officer with the division of state police. After completing the
22 foregoing, the licensee shall remove and retain the attached coupon and
23 enter in the record book the date of such license, number, if any, and
24 name of the licensing officer, in the case of the holder of a license to
25 carry or possess, or the shield or other number, if any, assignment and
26 department, unit or agency, in the case of an exempt person. The
27 original transaction report shall be forwarded to the division of state
28 police within ten days of delivering a firearm to any person, and a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16459-01-8
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1 duplicate copy shall be kept by the licensee. The superintendent of
2 state police may designate that such record shall be completed and tran-
3 smitted in electronic form. A dealer may be granted a waiver from trans-
4 mitting such records in electronic form if the superintendent determines
5 that such dealer is incapable of such transmission due to technological
6 limitations that are not reasonably within the control of the dealer, or
7 other exceptional circumstances demonstrated by the dealer, pursuant to
8 a process established in regulation, and at the discretion of the super-
9 intendent. Records assembled or collected for purposes of inclusion in
10 the database created pursuant to section 400.02 of this article shall
11 not be subject to disclosure pursuant to article six of the public offi-
12 cers law. The record book shall be maintained on the premises mentioned
13 and described in the license and shall be open at all reasonable hours
14 for inspection by any peace officer, acting pursuant to his special
15 duties, or police officer. In the event of cancellation or revocation of
16 the license for gunsmith or dealer in firearms, or discontinuance of
17 business by a licensee, such record book shall be immediately surren-
18 dered to the licensing officer in the city of New York, and in the coun-
19 ties of Nassau and Suffolk, and elsewhere in the state to the executive
20 department, division of state police.
21 § 2. Subdivision 1 of section 897 of the general business law, as
22 added by chapter 189 of the laws of 2000, is amended to read as follows:
23 1. A national instant criminal background check shall be conducted and
24 no person shall sell or transfer a firearm, rifle or shotgun at a gun
25 show, except in accordance with the provisions of 18 U.S.C. 922(t),
26 provided that before delivering a firearm, rifle or shotgun to any
27 person the national instant criminal background check system or its
28 successor shall have issued a "proceed" response to the seller or
29 transferor. A seller or transferor shall not deliver a firearm, rifle or
30 shotgun to any person if the national instant criminal background check
31 system or its successor issues a response other than "proceed" to the
32 seller or transferor.
33 § 3. Subdivisions 1 and 2 of section 898 of the general business law,
34 as added by chapter 1 of the laws of 2013, are amended to read as
35 follows:
36 1. In addition to any other requirements pursuant to state and federal
37 law, all sales, exchanges or disposals of firearms, rifles or shotguns
38 shall be conducted in accordance with this section unless such sale,
39 exchange or disposal is conducted by a licensed importer, licensed
40 manufacturer or licensed dealer, as those terms are defined in 18 USC §
41 922, when such sale, exchange or disposal is conducted pursuant to that
42 person's federal firearms license or such sale, exchange or disposal is
43 between members of an immediate family. When a sale, exchange or
44 disposal is conducted pursuant to a person's federal firearms license,
45 before delivering a firearm, rifle or shotgun to any person, the
46 national instant criminal background check system or its successor shall
47 have issued a "proceed" response to the federal firearms licensee. A
48 federal firearms licensee shall not deliver a firearm, rifle or shotgun
49 to any person if the national instant criminal background check system
50 or its successor issues a response other than "proceed" to the federal
51 firearms licensee. For purposes of this section, "immediate family"
52 shall mean spouses, domestic partners, children and step-children.
53 2. Before any sale, exchange or disposal pursuant to this article, a
54 national instant criminal background check must be completed by a dealer
55 who consents to conduct such check, and upon completion of such back-
56 ground check, shall complete a document, the form of which shall be
A. 11327 3
1 approved by the superintendent of state police, that identifies and
2 confirms that such check was performed. Before a dealer who consents to
3 conduct a national instant criminal background check delivers a firearm,
4 rifle, or shotgun to any person, the national instant criminal back-
5 ground check system or its successor shall have issued a "proceed"
6 response to the dealer. A dealer shall not deliver a firearm, rifle or
7 shotgun to any person if the national instant criminal background check
8 system or its successor issues a response other than "proceed" to the
9 federal firearms licensee.
10 § 4. This act shall take effect on the sixtieth day after it shall
11 have become a law.