STATE OF NEW YORK ________________________________________________________________________ 5696 2023-2024 Regular Sessions IN ASSEMBLY March 22, 2023 ___________ Introduced by M. of A. LAVINE, SEAWRIGHT -- read once and referred to the Committee on Codes AN ACT to amend the general business law and the penal 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 § 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 § 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. § 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 § 827. Exemptions. Section eight hundred twenty-six of this article 25 shall not apply to: 26 1. any law enforcement or correctional agency, or police officer or 27 corrections officer acting within the course or scope of his or her 28 employment; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03285-02-3
A. 5696 2 1 2. any federal officer or employee authorized to possess or carry a 2 firearm in the course of his or her duties, and any member of the armed 3 forces of the United States or the national guard; 4 3. any manufacturer, distributor or dealer of firearms when trans- 5 ferring weapons to a manufacturer, distributor or dealer; 6 4. any gunsmith licensed pursuant to section 400.00 of the penal law, 7 receiving a firearm for service or repair; 8 5. any common carrier or other person engaged, in the course of its 9 business, in the business of storing or transporting goods; and 10 6. firearms loaned or leased solely for use as a prop in a motion 11 picture, streaming, television, video, theatrical, or other production 12 or event when the firearm is not loaded with ammunition and the loan or 13 lease is made by a licensed dealer in firearms in the state of New York. 14 Ammunition shall not include blank ammunition consisting of a charge and 15 no projectile. 16 § 828. Penalty. Any person who violates the provisions of this article 17 shall be guilty of a class A misdemeanor. 18 § 2. Subdivision 1 of section 897 of the general business law, as 19 amended by chapter 129 of the laws of 2019, is amended to read as 20 follows: 21 1. A national instant criminal background check shall be conducted and 22 no person shall sell or transfer a firearm, rifle or shotgun at a gun 23 show, except in accordance with the provisions of 18 U.S.C. 922(t), 24 provided that before delivering a firearm, rifle or shotgun to any 25 person, [either (a)] the National Instant Criminal Background Check 26 System (NICS) or its successor has issued a "proceed" response to the 27 seller or transferor, [or (b) thirty calendar days shall have elapsed 28 since the date the seller or transferor contacted NICS to initiate a 29 national instant criminal background check and NICS has not notified the 30 seller or transferor that the transfer of the firearm, rifle or shotgun 31 to such person should be denied] and ten days shall have elapsed from 32 the date such seller or transferor initiated the national instant crimi- 33 nal background check of the purchaser as required by 18 U.S.C. § 922(t), 34 after receiving a completed federal Firearms Transaction Record, Form 35 4473, from the purchaser; and such seller or transferor has received 36 notice that the purchaser has passed all background checks required by 37 federal, state and local law. 38 § 3. Subdivisions 1 and 2 of section 898 of the general business law, 39 subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi- 40 sion 2 as amended by chapter 371 of the laws of 2022, are amended to 41 read as follows: 42 1. In addition to any other requirements pursuant to state and federal 43 law, all sales, exchanges or disposals of firearms, rifles or shotguns 44 shall be conducted in accordance with this section unless such sale, 45 exchange or disposal is conducted by a licensed importer, licensed 46 manufacturer or licensed dealer, as those terms are defined in 18 USC § 47 922, when such sale, exchange or disposal is conducted pursuant to that 48 person's federal firearms license or such sale, exchange or disposal is 49 between members of an immediate family. When a sale, exchange or 50 disposal is conducted pursuant to a person's federal firearms license, 51 before delivering a firearm, rifle or shotgun to any person, [either 52 (a)] the National Instant Criminal Background Check System (NICS) or its 53 successor has issued a "proceed" response to the federal firearms licen- 54 see, [or (b) thirty calendar days shall have elapsed since the date the 55 federal firearms licensee contacted NICS to initiate a national instant 56 criminal background check and NICS has not notified the federal firearms
A. 5696 3 1 licensee that the transfer of the firearm, rifle or shotgun to such 2 person should be denied] and ten days shall have elapsed from the date 3 such dealer initiated the national instant criminal background check of 4 the purchaser as required by 18 U.S.C. § 922(t), after receiving a 5 completed federal Firearms Transaction Record, Form 4473, from the 6 purchaser; and such dealer has received notice that the purchaser has 7 passed all background checks required by federal, state and local law. 8 For purposes of this section, "immediate family" shall mean spouses, 9 domestic partners, children and step-children. 10 2. Before any sale, exchange or disposal pursuant to this article, a 11 national instant criminal background check must be completed by a dealer 12 who shall submit a request to the division of state police pursuant to 13 section two hundred twenty-eight of the executive law to conduct such 14 check. Before a dealer who has submitted a request to the division of 15 state police to conduct a national instant criminal background check 16 delivers a firearm, rifle or shotgun to any person, [either (a)] NICS 17 shall have issued a "proceed" response, [or (b) thirty calendar days 18 shall have elapsed since the date the dealer submitted a request to the 19 division of state police to contact the NICS to initiate a national 20 instant criminal background check and NICS has not notified the division 21 of state police that the transfer of the firearm, rifle or shotgun to 22 such person should be denied] and ten days shall have elapsed from 23 the date such dealer initiated the national instant criminal background 24 check of the purchaser as required by 18 U.S.C. § 922(t), after receiv- 25 ing a completed federal Firearms Transaction Record, Form 4473, from the 26 purchaser; and such dealer has received notice that the purchaser has 27 passed all background checks required by federal, state and local law. 28 § 4. Subdivision 12 of section 400.00 of the penal law, as amended by 29 chapter 207 of the laws of 2022, is amended to read as follows: 30 12. Records required of gunsmiths and dealers in firearms. In addition 31 to the requirements set forth in article thirty-nine-BB of the general 32 business law, any person licensed as gunsmith or dealer in firearms 33 shall keep a record book approved as to form, except in the city of New 34 York, by the superintendent of state police. In the record book shall be 35 entered at the time of every transaction involving a firearm the date, 36 name, age, occupation and residence of any person from whom a firearm is 37 received or to whom a firearm is delivered, and the calibre, make, 38 model, manufacturer's name and serial number, or if none, any other 39 distinguishing number or identification mark on such firearm. Before 40 delivering a firearm to any person, the licensee shall require him or 41 her to produce either a license valid under this section to carry or 42 possess the same, or proof of lawful authority as an exempt person 43 pursuant to section 265.20 of this chapter and [either (a)] the National 44 Instant Criminal Background Check System (NICS) or its successor has 45 issued a "proceed" response to the licensee, [or (b) thirty calendar 46 days have elapsed since the date the licensee contacted NICS to initiate 47 a national instant criminal background check and NICS has not notified 48 the licensee that the transfer of the firearm to such person should be 49 denied] and ten days shall have elapsed from the date such dealer initi- 50 ated the national instant criminal background check of the purchaser as 51 required by 18 U.S.C. § 922(t), after receiving a completed federal 52 Firearms Transaction Record, Form 4473, from the purchaser; and such 53 dealer has received notice that the purchaser has passed all background 54 checks required by federal, state and local law. In addition, before 55 delivering a firearm to a peace officer, the licensee shall verify that 56 person's status as a peace officer with the division of state police.
A. 5696 4 1 After completing the foregoing, the licensee shall remove and retain the 2 attached coupon and enter in the record book the date of such license, 3 number, if any, and name of the licensing officer, in the case of the 4 holder of a license to carry or possess, or the shield or other number, 5 if any, assignment and department, unit or agency, in the case of an 6 exempt person. The original transaction report shall be forwarded to the 7 division of state police within ten days of delivering a firearm to any 8 person, and a duplicate copy shall be kept by the licensee. The super- 9 intendent of state police may designate that such record shall be 10 completed and transmitted in electronic form. A dealer may be granted a 11 waiver from transmitting such records in electronic form if the super- 12 intendent determines that such dealer is incapable of such transmission 13 due to technological limitations that are not reasonably within the 14 control of the dealer, or other exceptional circumstances demonstrated 15 by the dealer, pursuant to a process established in regulation, and at 16 the discretion of the superintendent. Records assembled or collected 17 for purposes of inclusion in the database created pursuant to section 18 400.02 of this article shall not be subject to disclosure pursuant to 19 article six of the public officers law. The record book shall be main- 20 tained on the premises mentioned and described in the license and shall 21 be open at all reasonable hours for inspection by any peace officer, 22 acting pursuant to his or her special duties, or police officer. In the 23 event of cancellation or revocation of the license for gunsmith or deal- 24 er in firearms, or discontinuance of business by a licensee, such record 25 book shall be immediately surrendered to the licensing officer in the 26 city of New York, and in the counties of Nassau and Suffolk, and else- 27 where in the state to the executive department, division of state 28 police. 29 § 5. Section 400.20 of the penal law, as added by chapter 129 of the 30 laws of 2019, is amended to read as follows: 31 § 400.20 Waiting period in connection with the sale or transfer of a 32 rifle or shotgun. 33 When a national instant criminal background check is required pursuant 34 to state or federal law to be conducted through the National Instant 35 Criminal Background Check System (NICS) or its successor in connection 36 with the sale or transfer of a rifle or shotgun to any person, before 37 delivering a rifle or shotgun to such person, [either (a)] NICS has 38 issued a "proceed" response to the seller or transferor, [or (b) thirty 39 calendar days shall have elapsed since the date the seller or transferor 40 contacted NICS to initiate a national instant criminal background check 41 and NICS has not notified the seller or transferor that the transfer of 42 the rifle or shotgun to such person should be denied] and ten days 43 shall have elapsed from the date such dealer initiated the national 44 instant criminal background check of the purchaser as required by 18 45 U.S.C. § 922(t), after receiving a completed federal Firearms Trans- 46 action Record, Form 4473, from the purchaser; and such dealer has 47 received notice that the purchaser has passed all background checks 48 required by federal, state and local law. 49 § 6. This act shall take effect on the first of January next succeed- 50 ing the date on which it shall have become a law; provided, however, 51 that if chapter 371 of the laws of 2022 shall not have taken effect on 52 or before such date then the amendments to subdivision 2 of section 898 53 of the general business law, as made by section three of this act, shall 54 take effect on the same date and in the same manner as such chapter of 55 the laws of 2022 takes effect.