STATE OF NEW YORK ________________________________________________________________________ 7650--A 2023-2024 Regular Sessions IN SENATE September 11, 2023 ___________ Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to national instant crim- inal background checks; and to repeal certain provisions of the penal law, the executive law and the state finance law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 400.02 of the penal law is 2 REPEALED. 3 § 2. Subdivisions 1, 2, 3 and 4 of section 228 of the executive law, 4 as added by chapter 371 of the laws of 2022, are amended to read as 5 follows: 6 1. (a) The division is hereby authorized and directed to serve as a 7 state point of contact for implementation of 18 U.S.C. sec. 922 (t), all 8 federal regulations and applicable guidelines adopted pursuant thereto, 9 and the national instant criminal background check system for the 10 purchase of firearms [and ammunition]. 11 (b) Upon receiving a request from a licensed dealer pursuant to 12 section eight hundred ninety-six or eight hundred ninety-eight of the 13 general business law, the division shall initiate a background check by 14 (i) contacting the National Instant Criminal Background Check System 15 (NICS) or its successor to initiate a national instant criminal back- 16 ground check, and (ii) consulting the statewide firearms license and 17 records database established pursuant to subdivision three of this 18 section, in order to determine if the purchaser is a person described in 19 sections 400.00 and 400.03 of the penal law, or is prohibited by state 20 or federal law from possessing, receiving, owning, or purchasing a 21 firearm [or ammunition]. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13175-02-3
S. 7650--A 2 1 2. (a) The division shall report the name, date of birth and physical 2 description of any person prohibited from possessing a firearm pursuant 3 to 18 U.S.C. sec. 922(g) or (n) to the national instant criminal back- 4 ground check system index, denied persons files. 5 (b) Information provided pursuant to this section shall remain privi- 6 leged and confidential, and shall not be disclosed, except for the 7 purpose of enforcing federal or state law regarding the purchase of 8 firearms [or ammunition]. 9 (c) Any background check conducted by the division, or delegated 10 authority, of any applicant for a permit, firearms identification card, 11 license, [ammunition sale,] or registration, in accordance with the 12 requirements of section 400.00 of the penal law, shall not be considered 13 a public record and shall not be disclosed to any person not authorized 14 by law or this chapter to have access to such background check, includ- 15 ing the applicant. Any application for a permit, firearms identification 16 card, [ammunition sale,] or license, and any document reflecting the 17 issuance or denial of such permit, firearms identification card, or 18 license, and any permit, firearms identification card, license, certif- 19 ication, certificate, form of register, or registration statement, main- 20 tained by any state or municipal governmental agency, shall not be 21 considered a public record and shall not be disclosed to any person not 22 authorized by law to have access to such documentation, including the 23 applicant, except on the request of persons acting in their governmental 24 capacities for purposes of the administration of justice. 25 3. The division shall create and maintain a statewide firearms license 26 and records database which shall contain records held by the division 27 and any records that it is authorized to request from the division of 28 criminal justice services, office of court administration, New York 29 state department of health, New York state office of mental health, and 30 other local entities. Such database shall be used for the certification 31 and recertification of firearm permits under section 400.02 of the penal 32 law, and assault weapon registration under subdivision sixteen-a of 33 section 400.00 of the penal law[, and ammunition sales under section 34 400.03 of the penal law]. Such database shall also be used to initiate a 35 national instant criminal background check pursuant to subdivision one 36 of this section upon request from a licensed dealer. The division may 37 create and maintain additional databases as needed to complete back- 38 ground checks pursuant to the requirements of this section. The cost of 39 any database or databases created shall be borne entirely by the state 40 and shall not be passed on to consumers or retailers in the form of new 41 fees or additional taxes. 42 4. The superintendent shall promulgate a plan to coordinate background 43 checks for firearm [and ammunition] purchases pursuant to this section 44 and to require any person, firm or corporation that sells, delivers or 45 otherwise transfers any firearm [or ammunition] to submit a request to 46 the division in order to complete the background checks in compliance 47 with federal and state law, including the National Instant Criminal 48 Background Check System (NICS), in New York state. Such plan shall 49 include, but shall not be limited to, the following features: 50 (a) The creation of a centralized bureau within the division to 51 receive and process all background check requests, which shall include a 52 contact center unit and an appeals unit. Staff may include but is not 53 limited to: bureau chief, supervisors, managers, different levels of 54 administrative analysts, appeals specialists and administrative person- 55 nel. The division shall employ and train such personnel to administer 56 the provisions of this section. The costs of creating a centralized
S. 7650--A 3 1 bureau within the division shall be borne entirely by the state and 2 shall not be passed on to consumers or retailers in the form of new fees 3 or additional taxes. 4 (b) Procedures for carrying out the duties under this section, includ- 5 ing hours of operation. 6 (c) An automated phone system and web-based application system, 7 including a toll-free telephone number and/or web-based application 8 option for any licensed dealer requesting a background check in order to 9 sell, deliver or otherwise transfer a firearm which shall be operational 10 every day that the bureau is open for business for the purpose of 11 responding to requests in accordance with this section. 12 § 3. Subdivision 5 of section 228 of the executive law is REPEALED. 13 § 4. Paragraph c of subdivision 6 of section 228 of the executive law 14 is REPEALED. 15 § 5. Section 99-pp of the state finance law, as added by chapter 371 16 of the laws of 2022, is REPEALED. 17 § 6. This act shall take effect immediately.