S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          35
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERALTA -- 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  requiring  background
         checks for employees authorized to possess or transfer firearms in the
         course of a licensed firearms business
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 400.00 of the penal law is amended by adding a  new
    2  subdivision 12-b to read as follows:
    3    12-B. GUNSMITH OR DEALER IN FIREARMS EMPLOYEES. (A) NO PERSON SHALL BE
    4  EMPLOYED  BY  A  GUNSMITH  OR DEALER IN FIREARMS FOR DUTIES THAT INCLUDE
    5  HANDLING, SELLING OR OTHERWISE DISPOSING OF FIREARMS, IF SUCH PERSON  IS
    6  PROHIBITED FROM RECEIVING OR POSSESSING FIREARMS UNDER FEDERAL LAW OR IF
    7  SUCH  PERSON WOULD BE INELIGIBLE FOR A LICENSE TO POSSESS FIREARMS UNDER
    8  PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
    9    (B) NO GUNSMITH OR DEALER IN FIREARMS  SHALL  EMPLOY  A  PERSON  WHOSE
   10  DUTIES  INCLUDE  HANDLING,  SELLING  OR OTHERWISE DISPOSING OF FIREARMS,
   11  ABSENT AN EXEMPTION PURSUANT TO PARAGRAPHS ONE AND TWO OF SUBDIVISION  A
   12  OF SECTION 265.20 OF THIS CHAPTER, UNLESS:
   13    (I)  SUCH PERSON IS TWENTY-ONE YEARS OF AGE OR OLDER OR IS A MEMBER OF
   14  THE UNITED STATES ARMED FORCES OR HAS BEEN HONORABLY  DISCHARGED  THERE-
   15  FROM,  AND  SUCH EMPLOYEE HAS BEEN ISSUED A VALID EMPLOYMENT CERTIFICATE
   16  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES;
   17    (II) SUCH PERSON HAS OBTAINED AND POSSESSES  A  VALID  LICENSE  ISSUED
   18  UNDER  THE PROVISIONS OF THIS SECTION OR SECTION 400.01 OF THIS ARTICLE;
   19  OR
   20    (III) SUCH PERSON WAS EMPLOYED BY THE GUNSMITH OR DEALER  IN  FIREARMS
   21  PRIOR  TO  THE  EFFECTIVE  DATE OF THIS SUBDIVISION AND NO MORE THAN SIX
   22  MONTHS HAVE ELAPSED AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00351-01-3
       S. 35                               2
    1    (C) APPLICATIONS FOR EMPLOYMENT CERTIFICATES SHALL BE SUBMITTED BY THE
    2  APPLICANT'S PROSPECTIVE EMPLOYER TO THE  DIVISION  OF  CRIMINAL  JUSTICE
    3  SERVICES.  BLANK  APPLICATIONS SHALL CONTAIN, AT A MINIMUM, THE INFORMA-
    4  TION REQUIRED TO CONDUCT A BACKGROUND  CHECK  IN  THE  NATIONAL  INSTANT
    5  CRIMINAL  BACKGROUND  CHECK  SYSTEM. ALL APPLICATIONS MUST BE SIGNED AND
    6  VERIFIED BY THE APPLICANT.
    7    (D) UPON RECEIPT OF AN APPLICATION FOR AN EMPLOYMENT CERTIFICATE,  THE
    8  DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL CONDUCT A BACKGROUND CHECK
    9  IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK  SYSTEM  TO  DETERMINE
   10  WHETHER THE APPLICANT IS QUALIFIED TO RECEIVE OR POSSESS A FIREARM UNDER
   11  STATE  AND  FEDERAL LAW. IF THE RESULTS OF THE BACKGROUND CHECK INDICATE
   12  THAT THERE IS NO INFORMATION THAT WOULD DISQUALIFY  THE  APPLICANT  FROM
   13  RECEIVING  OR POSSESSING A FIREARM UNDER STATE OR UNDER FEDERAL LAW, THE
   14  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DOCUMENT SUCH RESULT  ON  AN
   15  EMPLOYMENT  CERTIFICATE.  IF THE BACKGROUND CHECK RESULTS IN A "DELAYED"
   16  RESPONSE AS DESCRIBED IN 28 C.F.R. S  25.6,  THE  DIVISION  OF  CRIMINAL
   17  JUSTICE  SERVICES SHALL NOT CERTIFY THE APPLICANT FOR EMPLOYMENT PENDING
   18  RECEIPT OF A FOLLOW-UP "PROCEED"  RESPONSE  FROM  THE  NATIONAL  INSTANT
   19  CRIMINAL  BACKGROUND  CHECK  SYSTEM  OR THE EXPIRATION OF THREE BUSINESS
   20  DAYS (EXCLUSIVE OF THE DAY ON WHICH THE QUERY IS MADE), WHICHEVER OCCURS
   21  FIRST.
   22    (E) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ISSUE TO  QUALIFY-
   23  ING  EMPLOYEES  AN  EMPLOYMENT CERTIFICATE, WHICH SHALL CERTIFY THAT THE
   24  HOLDER OF SUCH CERTIFICATE IS ELIGIBLE  TO  HANDLE,  SELL  OR  OTHERWISE
   25  DISPOSE  OF  FIREARMS  OR WEAPONS ON BEHALF OF THE GUNSMITH OR DEALER IN
   26  FIREARMS.  SUCH CERTIFICATE SHALL BECOME INVALID UPON THE TERMINATION OF
   27  THE EMPLOYEE'S EMPLOYMENT. SUCH CERTIFICATE SHALL  HAVE  THE  EFFECT  OF
   28  AUTHORIZING  SUCH EMPLOYEE TO HANDLE, SELL OR OTHERWISE DISPOSE OF THOSE
   29  FIREARMS THAT ARE  LAWFULLY  POSSESSED,  SOLD  OR  DISPOSED  OF  BY  THE
   30  GUNSMITH  OR  DEALER  IN  FIREARMS  ONLY WHILE SUCH EMPLOYEE IS ACTUALLY
   31  CONDUCTING BUSINESS ON BEHALF OF THE  GUNSMITH  OR  DEALER  IN  FIREARMS
   32  NOTWITHSTANDING  THE  FACT  THAT  SUCH  WEAPONS  MAY NOT BE THE TYPE THE
   33  EMPLOYEE WOULD OTHERWISE BE LICENSED OR AUTHORIZED TO POSSESS UNDER  THE
   34  LAWS  OF  THIS STATE.  WHEN AN EMPLOYEE IS CONDUCTING BUSINESS ON BEHALF
   35  OF A GUNSMITH OR DEALER IN FIREARMS AT ANY LOCATION OTHER THAN THE PREM-
   36  ISES WHERE SUCH EMPLOYEE WORKS, THE EMPLOYEE SHALL HAVE IN  HIS  OR  HER
   37  POSSESSION  A COPY OF HIS OR HER EMPLOYMENT CERTIFICATE OR VALID LICENSE
   38  ISSUED UNDER THE PROVISIONS OF THIS SECTION OR SECTION  400.01  OF  THIS
   39  ARTICLE  OR  DOCUMENTATION  OF  THE  EMPLOYEE'S EXEMPTION BASED ON PRIOR
   40  EMPLOYMENT. COPIES OF SUCH CERTIFICATES OR LICENSES OR DOCUMENTATION  OF
   41  EXEMPTION  SHALL  BE MAINTAINED BY THE GUNSMITH OR DEALER IN FIREARMS ON
   42  THE PREMISES WHERE SUCH  EMPLOYEE  WORKS.  ALL  CERTIFICATES,  LICENSES,
   43  DOCUMENTATION AND COPIES REFERRED TO IN THIS PARAGRAPH SHALL BE PRODUCED
   44  UPON  REQUEST  BY ANY POLICE OFFICER OR PEACE OFFICER ACTING PURSUANT TO
   45  HIS OR HER SPECIAL DUTIES.
   46    (F) ANY EMPLOYMENT IN VIOLATION OF THIS SUBDIVISION SHALL CONSTITUTE A
   47  VIOLATION ON THE PART OF BOTH THE EMPLOYEE AND THE GUNSMITH OR DEALER IN
   48  FIREARMS.
   49    S 2. This act shall take effect on the ninetieth day  after  it  shall
   50  have become a law.