Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals

Summary of provisions

Section 1 of the bill sets forth legislative findings.

Section 2 of the bill adds a new Article 40 to the General Business Law to help prevent the sale of firearms, rifles and shotguns to criminals. The new article contains thirteen sections as follows:

* Section 900 defines certain terms. * Section 901 requires gun dealers to adopt reasonable measures to prevent guns from being, diverted from the legal stream of commerce to individuals who are not legally entitled to purchase or possess such weapons. * Section 902 requires gun dealers to display and store weapons and ammunition in a secure manner. * Section 903 requires that retail dealers exclude persons under eighteen from premises where firearms, rifles and shotguns are sold, unless the minor is accompanied by a parent or guardian. Section 904 provides that a gun dealer may sell guns only at the location listed on the dealer's federal firearms license or at gun shows. * Section 905 provides that all employees engaged in the retail sale of guns must be at least 21 years of age and the retail dealer shall provide adequate training to such employee. * Section 906 specifies that certain actions must be taken before a gun dealer may sell a firearm to a retail customer. The retail dealer must: conduct the national instant criminal background check; show the transferee proper uses and safety measures for the firearm, rifle or shotgun; provide the transferee with a gun locking device; provide the transferee with a copy of the safe storage warning notice; obtain the transferee's signature on a form stating that the transferee has received the instruction and notice required by this section; and provide the transferee with an accurate description of the weapon. * Section 907 sets forth record keeping requirements for gun dealers. * Section 908 requires gun dealers to cooperate with government law enforcement agencies. * Section 909 requires gun dealers to establish internal compliance procedures; and to certify compliance with the requirements of new Article 40 on an annual basis and will allow for the superintendent of state police to promulgate regulations establishing periodic inspections of the premises of dealers to determine compliance by the dealer of the article's requirements. * Section 910 authorizes the Superintendent of State Police to promulgate regulations to prevent firearms, rifles and shotguns from being diverted from the legal stream of commerce.

* Section 911 provides that a violation of new Article 40 is a class A misdemeanor and a second violation within five years is a Class E felony.

Section 3 of the bill amends General Business Law § 396-ee to make the contents of the warning label which must be affixed to any rifle, shotgun or firearm sold by a gun retailer consistent with the warning language required in General Business Law § 907.

Sections 4 and 5 of the bill amend Penal Law § 400.00 to add cross-references to the General Business Law.

Section 6 of the bill provides a severability provision. Section 7 of the bill contains the effective date.

Justification

Firearms are used to kill over 30,000 individuals in the United States every year, including over 1,000 individuals in New York State alone, and also cause hundreds of thousands of non-fatal injuries. Firearm violence also causes millions of dollars in economic costs, as well as incalculable emotional damage that is devastating to families and communities throughout the country.

There is a thriving underground market for illegal firearms, largely driven by demand from drug gangs and other criminals. In 2001, approximately 12,000 illegal firearms, rifles and shotguns were seized in New York State. An overwhelming number of illegal guns originate from within the state. According to a 2000 Federal Bureau of Alcohol Tobacco and Firearms (ATF) study, 79% of crime guns found in Buffalo, New York originated from within the same county, with another 14% that originated from an adjacent county. A substantial portion of illegal firearms are diverted to the illegal market through licensed gun dealers. For example, "straw purchasers" purchase firearms on behalf of others from licensed and unlicensed sellers, and transfer those firearms either to prohibited purchasers or to other unlicensed sellers. The ATF conducted an investigation of gun trafficking from July 1996 to December 1998, and found that almost 26,000 trafficked firearms were associated with investigations in which there was a straw purchaser. Almost 50% of all trafficking investigations involved straw purchasers, with an average of 37 firearms trafficked per investigation. Moreover, this problem is not limited to unlicensed sellers, and clearly includes federal firearms licensees (FFLs). Indeed, although FFLs were involved in under 10% of the trafficking investigations undertaken by ATF, they were associated with the largest number of diverted firearms over 40,000 guns, which is nearly half of the total number of trafficked firearms documented during the two-year period of ATF's investigation. Though the ATF strives to inspect FFLs to ensure compliance with federal firearms laws, in reality, ATF workload data shows that in 2002, they conducted only 4.5% of the approximately 104,000 FFL compliance inspections nationwide. At that rate, it would take the ATF more than twenty-two years to inspect all FFLs.

The first part of this bill seeks to prevent the diversion of firearms to the illegal marketplace by addressing the problems with New York state's current laws governing firearm dealers. Specifically, this

hill adds a new Article 40 to the General Business Law which: (1) requires gun dealers to display and store weapons and ammunition in a secure manner; (2) provides that guns may be sold only at the location listed on the dealer's federal firearms license or at gun shows; (3) requires that all dealer employees making retail gun sales must he at least 21 years of age and must receive adequate training; (4) specifies the actions that must be taken before a gun dealer may sell a firearm to a retail customer; (5) provides that children may not enter premises where guns are sold unless accompanied by a parent or guardian: (6) requires gun dealers to maintain liability insurance; (7) requires gun dealers to maintain sales records; (8) requires gun dealers to cooperate with investigations by government law enforcement agencies; and (9) requires gun dealers to establish internal compliance procedures, and to certify compliance with the requirements of new Article 40 on an annual basis. A violation of new Article 40 is a class A misdemeanor, and a second violation within five years is a class E felony:

The additional requirements set forth in this bill will help to reduce the diversion, of firearms to the illegal market, and will also assist police departments, prosecutors and other law enforcement officials in their efforts to trace and recover illegal weapons. As a result, this bill will help to reduce the number of crimes and other violent acts involving firearms in New York State every year, which will help save lives and prevent needless injuries caused by use of illegal weapons.

Prior legislative history

2011-12: S.965 2010:S.1715-A Referred to Codes; A.1093-A Passed Assembly 2007-2008: S.2404-B Referred to Codes; A.6525-A Passed Assembly 2005-2006: S.2944 Referred to Codes; A.4958 Referred to Codes 2003-2004: S.5420 Referred to Codes; A.7002-A Referred to Codes 2001: A.9255-A Ordered to Third Reading

Fiscal implications

New York State and its local governments will realize substantial savings in future years through reduced costs in the prosecution of gun-related crimes and the treatment of gun-related injuries.

Effective date

The bill takes effect on the ninetieth day after it shall have become a law; provided that the superintendent of the division of state police is authorized and directed to immediately adopt, amend, and promulgate such rules and regulation as may be necessary and desirable to effectuate the purpose of section two of this act.