STATE OF NEW YORK
________________________________________________________________________
1725
2021-2022 Regular Sessions
IN SENATE
January 14, 2021
___________
Introduced by Sens. GALLIVAN, AKSHAR, JORDAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Consumer
Protection
AN ACT to amend the general business law, in relation to expanding the
definition of immediate family to include siblings, grandparents and
grandchildren as such term relates to the private sale or disposal of
certain firearms
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 1 of section 898 of the general business law,
2 as amended by chapter 129 of the laws of 2019, is amended to read as
3 follows:
4 1. In addition to any other requirements pursuant to state and federal
5 law, all sales, exchanges or disposals of firearms, rifles or shotguns
6 shall be conducted in accordance with this section unless such sale,
7 exchange or disposal is conducted by a licensed importer, licensed
8 manufacturer or licensed dealer, as those terms are defined in 18 USC §
9 [922] 921, when such sale, exchange or disposal is conducted pursuant to
10 that person's federal firearms license or such sale, exchange or
11 disposal is between members of an immediate family. When a sale,
12 exchange or disposal is conducted pursuant to a person's federal
13 firearms license, before delivering a firearm, rifle or shotgun to any
14 person, either (a) the National Instant Criminal Background Check System
15 (NICS) or its successor has issued a "proceed" response to the federal
16 firearms licensee, or (b) thirty calendar days shall have elapsed since
17 the date the federal firearms licensee contacted NICS to initiate a
18 national instant criminal background check and NICS has not notified the
19 federal firearms licensee that the transfer of the firearm, rifle or
20 shotgun to such person should be denied. For purposes of this section,
21 "immediate family" shall mean spouses, domestic partners, children
22 [and], step-children, siblings, grandparents and grandchildren.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04051-01-1