Relates to licenses to carry, possess, repair and dispose of firearms

1 Co-sponsor

• Tony Avella

BILL NUMBER:S1863A

Title of bill

An act to amend the penal law, in relation to licenses to carry, possess, repair and dispose of firearms

Purpose of the bill

This legislation will conform New York State law to current ATF require- ments regarding background checks for firearms transfers.

Summary of specific provisions

§ 1- Amends subdivision 4 of § 400.00 of the Penal Law.

§ 2- Effective date.

Justification

In 1998, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sent an Open Letter to all New York State Federal Firearms Licensees (FFLS) advising them that New York State licenses to carry and possess handguns would qualify as an alternative to the National Instant Crimi- nal Background Check System (NICS) background check required under the Brady Law. In 2004, the ATF began reviewing the background check requirements of all States that had permits that qualified as alterna- tives to NICS and has since deemed that New York licenses to carry and possess handguns no longer qualify as a NICS check alternative.

This legislation will require that along with all other requirements stipulated under law, including other state and federal background checks, that a NICS background check also be performed on an individual wishing to obtain a handgun license.

Prior legislative history

2007-2008: A.6378. Similar to the intent of A.3195/S.282 of 2005-2006.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.