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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires employees of dealers in firearms and gunsmiths to submit to a criminal background check
In Assembly Committee · Codes · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S53
Title of bill
An act to amend the penal law, in relation to requiring background checks for employees authorized to possess or transfer firearms in the course of a licensed firearms business
Purpose
This bill would require all employees of gunsmiths and dealers of firearms, whose duties include handling, selling, or otherwise disposing of firearms to submit to an instant background check through the National Instant Criminal Background Check System (NICS) required under federal law for persons to purchase guns from licensed dealers and gunsmiths.
Summary of provisions
Section 1 of the bill amends section 400.00 of the penal law by adding a new subdivision 12-b to state that no firearm dealer may hire anyone otherwise prohibited from Possessing a firearm under federal law. Potential employees must apply for an employment certificate through the Division of Criminal Justice Services (DCJS), who would review the application using NICS. If DCJS receives a negative response from NICS for any employee. the dealer will be required to deny employment to the applicant. Current employees of dealers would be required to be reviewed by NICS and obtain an employment certificate within six months of passage of this bill. The employment certificate would be invalidated upon termination of employment.
Section 2 of the bill specifies the effective date as being 90 days after being signed into law.
Justification
Under current law, licensed firearms dealers are required to conduct criminal background checks through the DOS on prospective purchasers of firearms. However, while the dealers themselves are required to be licensed, their employees who have access to the firearms on a daily basis, are not required to undergo any type of pre-employment examination. This legislation would correct this anomaly by requiring the DOS to administer background checks of all new employees through the NICS.
Since dealers routinely perform these checks multiple times a day for purchasers, the bill will not impose a meaningful new burden. However, it will help to ensure those ineligible to purchase firearms are not handling or selling them.
Legislative history
2011-12: S.676 2009/10: Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the 90th day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.