S T A T E O F N E W Y O R K
________________________________________________________________________
7025
2015-2016 Regular Sessions
I N A S S E M B L Y
April 20, 2015
___________
Introduced by M. of A. KAVANAGH, SCHIMEL -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to requiring licensed
firearms businesses to report the crime of criminal purchase of a
weapon and requiring background checks for employees who would be
authorized to possess or transfer firearms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 265.17 of the penal law, as amended by chapter 1 of
2 the laws of 2013, is amended to read as follows:
3 S 265.17 Criminal purchase or disposal of a weapon.
4 1. A person is guilty of criminal purchase or disposal of a weapon
5 when:
6 [1.] (A) Knowing that he or she is prohibited by law from possessing a
7 firearm, rifle or shotgun because of a prior conviction or because of
8 some other disability which would render him or her ineligible to
9 lawfully possess a firearm, rifle or shotgun in this state, such person
10 purchases a firearm, rifle or shotgun from another person; or
11 [2.] (B) Knowing that it would be unlawful for another person to
12 possess a firearm, rifle or shotgun, he or she purchases a firearm,
13 rifle or shotgun for, on behalf of, or for the use of such other person;
14 or
15 [3.] (C) Knowing that another person is prohibited by law from
16 possessing a firearm, rifle or shotgun because of a prior conviction or
17 because of some other disability which would render him or her ineligi-
18 ble to lawfully possess a firearm, rifle or shotgun in this state, a
19 person disposes of a firearm, rifle or shotgun to such other person.
20 Criminal purchase or disposal of a weapon is a class D felony.
21 2. A GUNSMITH OR DEALER IN FIREARMS SHALL REPORT WITHIN TWENTY-FOUR
22 HOURS TO THE DIVISION OF STATE POLICE, OR IN THE CITY OF NEW YORK THE
23 POLICE DEPARTMENT OF SUCH CITY, ANY INSTANCE IN WHICH ANY PERSON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05191-01-5
A. 7025 2
1 ATTEMPTS TO PURCHASE A FIREARM, RIFLE OR SHOTGUN FROM SUCH GUNSMITH OR
2 DEALER IF A BACKGROUND CHECK SUCH GUNSMITH OR DEALER CONDUCTS IN
3 CONNECTION WITH SUCH ATTEMPTED PURCHASE, IN THE NATIONAL INSTANT CRIMI-
4 NAL BACKGROUND CHECK SYSTEM OR ANY SUCCESSOR SYSTEM, INDICATES A
5 "DENIED" RESPONSE AS DEFINED IN 28 C.F.R. S 25.6. SUCH GUNSMITH OR DEAL-
6 ER SHALL KEEP WITH THE OTHER RECORDS REQUIRED UNDER SUBDIVISION TWELVE
7 OF SECTION 400.00 OF THIS CHAPTER, A RECORD APPROVED AS TO FORM BY THE
8 SUPERINTENDENT OF STATE POLICE, OR IN THE CITY OF NEW YORK BY SUCH
9 CITY'S POLICE COMMISSIONER, OF HAVING MADE EACH REPORT REQUIRED BY THIS
10 SUBDIVISION.
11 S 2. Section 400.00 of the penal law is amended by adding a new subdi-
12 vision 12-b to read as follows:
13 12-B. EMPLOYEES OF A GUNSMITH OR DEALER IN FIREARMS. (A) NO PERSON
14 SHALL BE EMPLOYED BY A GUNSMITH OR DEALER IN FIREARMS FOR DUTIES THAT
15 INCLUDE HANDLING, SELLING, OR OTHERWISE DISPOSING OF FIREARMS, IF SUCH
16 PERSON IS PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS UNDER FEDERAL
17 LAW OR IF SUCH PERSON WOULD BE INELIGIBLE FOR A LICENSE TO POSSESS
18 FIREARMS UNDER PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
19 (B) NO GUNSMITH OR DEALER IN FIREARMS SHALL EMPLOY A PERSON WHOSE
20 DUTIES INCLUDE HANDLING, SELLING, OR OTHERWISE DISPOSING OF FIREARMS,
21 ABSENT AN EXEMPTION PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION A
22 OF SECTION 265.20 OF THIS CHAPTER, UNLESS: (I) SUCH PERSON IS TWENTY-ONE
23 YEARS OF AGE OR OLDER OR IS A MEMBER OF THE UNITED STATES ARMED FORCES
24 OR HAS BEEN HONORABLY DISCHARGED THEREFROM, AND SUCH EMPLOYEE HAS BEEN
25 ISSUED A VALID EMPLOYMENT CERTIFICATE FROM THE DIVISION OF CRIMINAL
26 JUSTICE SERVICES; OR (II) SUCH PERSON HAS OBTAINED AND POSSESSES A VALID
27 LICENSE ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF
28 THIS ARTICLE.
29 (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
30 APPLICANT'S PROSPECTIVE EMPLOYER TO THE DIVISION OF CRIMINAL JUSTICE
31 SERVICES IN A FORM APPROVED BY SUCH DIVISION. APPLICATIONS MUST CONTAIN,
32 AT A MINIMUM, THE INFORMATION REQUIRED TO CONDUCT A BACKGROUND CHECK IN
33 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM. ALL APPLICATIONS
34 MUST BE SIGNED AND VERIFIED BY THE APPLICANT.
35 (D) UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYMENT CERTIFICATE, THE
36 DIVISION OF CRIMINAL JUSTICE SERVICES SHALL CONDUCT A BACKGROUND CHECK
37 IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO DETERMINE
38 WHETHER THE APPLICANT IS QUALIFIED TO RECEIVE OR POSSESS A FIREARM UNDER
39 STATE AND FEDERAL LAW. IF THE RESULTS OF THE BACKGROUND CHECK INDICATE
40 THAT THERE IS NO INFORMATION THAT WOULD DISQUALIFY THE APPLICANT FROM
41 RECEIVING OR POSSESSING A FIREARM UNDER STATE OR UNDER FEDERAL LAW, THE
42 DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DOCUMENT SUCH RESULT ON AN
43 EMPLOYMENT CERTIFICATE. IF THE BACKGROUND CHECK RESULTS IN A "DELAYED"
44 RESPONSE AS DESCRIBED IN 28 C.F.R. S 25.6, THE DIVISION OF CRIMINAL
45 JUSTICE SERVICES SHALL NOT CERTIFY THE APPLICANT FOR EMPLOYMENT PENDING
46 RECEIPT OF A FOLLOW-UP "PROCEED" RESPONSE FROM THE NATIONAL INSTANT
47 CRIMINAL BACKGROUND CHECK SYSTEM.
48 (E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO QUALIFY-
49 ING EMPLOYEES AN EMPLOYMENT CERTIFICATE, WHICH SHALL CERTIFY THAT THE
50 HOLDER OF SUCH CERTIFICATE IS ELIGIBLE TO HANDLE, SELL, OR OTHERWISE
51 DISPOSE OF FIREARMS OR WEAPONS ON BEHALF OF THE GUNSMITH OR DEALER IN
52 FIREARMS. SUCH CERTIFICATE SHALL BECOME INVALID UPON THE TERMINATION OF
53 THE EMPLOYEE'S EMPLOYMENT. SUCH CERTIFICATE SHALL HAVE THE EFFECT OF
54 AUTHORIZING SUCH EMPLOYEE TO HANDLE, SELL, OR OTHERWISE DISPOSE OF THOSE
55 FIREARMS THAT ARE LAWFULLY POSSESSED, SOLD OR DISPOSED OF BY THE
56 GUNSMITH OR DEALER IN FIREARMS ONLY WHILE SUCH EMPLOYEE IS ACTUALLY
A. 7025 3
1 CONDUCTING BUSINESS ON BEHALF OF THE GUNSMITH OR DEALER IN FIREARMS
2 NOTWITHSTANDING THE FACT THAT SUCH WEAPONS MAY NOT BE THE TYPE THE
3 EMPLOYEE WOULD OTHERWISE BE LICENSED OR AUTHORIZED TO POSSESS UNDER NEW
4 YORK LAW. WHEN AN EMPLOYEE IS CONDUCTING BUSINESS ON BEHALF OF A
5 GUNSMITH OR DEALER IN FIREARMS AT ANY LOCATION OTHER THAN THE PREMISES
6 WHERE SUCH EMPLOYEE WORKS, THE EMPLOYEE SHALL HAVE IN HIS OR HER
7 POSSESSION A COPY OF HIS OR HER EMPLOYMENT CERTIFICATE OR VALID LICENSE
8 ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS
9 ARTICLE OR DOCUMENTATION OF THE EMPLOYEE'S EXEMPTION BASED ON PRIOR
10 EMPLOYMENT. COPIES OF SUCH CERTIFICATES OR LICENSES OR DOCUMENTATION OF
11 EXEMPTION SHALL BE MAINTAINED BY THE GUNSMITH OR DEALER IN FIREARMS ON
12 THE PREMISES WHERE SUCH EMPLOYEE WORKS. ALL CERTIFICATES, LICENSES,
13 DOCUMENTATION AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED
14 UPON REQUEST BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO
15 HIS OR HER SPECIAL DUTIES.
16 (F) FOR THE PURPOSE OF THIS SUBDIVISION, THE TERM HANDLING SHALL NOT
17 INCLUDE MOVING OR CARRYING, IN THE NORMAL COURSE OF BUSINESS, A SECURED
18 CRATE OR CONTAINER THAT CONTAINS A FIREARM OR FIREARMS, FROM ONE
19 LOCATION TO ANOTHER WITHIN THE PREMISES OF A GUNSMITH OR DEALER IN
20 FIREARMS.
21 (G) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
22 VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
23 FIREARMS.
24 S 3. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law, except that the division of criminal justice
26 services shall promulgate any rules or regulations or approve any forms
27 necessary for applications for employment certificates to be submitted
28 to and approved by such division and for employment certificates to be
29 issued by such division pursuant to subdivision 12-b of section 400.00
30 of the penal law as added by section two of this act, and shall begin to
31 issue such certificates to qualifying employees before the one hundred
32 eightieth day after this act shall have become a law.