Provides for universal background checks for the sale of firearms

Summary of provisions

Section 1 of the bill adds a new Article 38-B to the General Business Law in relation to universal background checks for sales of firearms.

* Section 830 provides the short title.

* Section 831 defines certain terms.

* Section 832 requires anyone selling or transferring a firearm to process the transfer through a federally licensed firearms dealer, who must conduct a background check on the prospective purchaser and maintain a record of the sale.

* Section 833 provides exemptions to the article.

* Section 834 provides that a violation of the article shall be a class A misdemeanor. Every conviction of a violation of this article by a dealer in firearms shall be reported by the sentencing court to the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Section 2 provides the effective date.

Justification

Federal law requires anyone engaged in the business of selling firearms to obtain a federal firearms license. These licensed dealers are required to conduct background checks on a prospective gun purchaser before transferring the firearm. Firearm dealers are not the only individuals who can transfer guns, however. Due to a huge loophole in federal law, the private sale loophole, unlicensed sellers are not legally required to conduct a background check or document transaction information prior to transferring a firearm. This loophole accounts for up to 40% of all gun sales nationwide. Because of this loophole, criminals and other prohibited persons can easily buy guns throughout most of the country.

Background checks are a proven method to keep guns out of the hands of prohibited persons. Since the federal background check requirement was adopted in 1994, nearly 1,800,000 prohibited persons have been denied a firearm transfer or permit. In 2009 alone, 76,648 gun transfers were denied using the federal background check system. Implementing universal background checks would reduce illegal trafficking and treat all transfers equally, whether the purchaser is buying from a licensed gun shop, at a gun show or

from a neighbor. Universal background checks would help ensure that persons buying guns are legally eligible to do so.

In addition to the requirement of a background check, federally licensed firearms dealers must also record information about each sale or transfer of a firearm. The information that is recorded helps law enforcement track the owners of guns recovered in crimes, and remove guns from the hands of people who have been convicted of a crime or otherwise become ineligible to possess them.

Americans overwhelmingly support background checks fox all prospective gun purchasers; (a) nationwide poll conducted in early 2008 found that 87% of Americans, including 83% of gun owners, favor requiring everyone who sells guns to conduct criminal background checks on prospective purchasers; (b) a poll conducted in November, 2008 found that 83% of voters, including 84% Percent of gun owners, favor background checks for all sales, and (c) a national survey conducted for Mayors Against Illegal Guns in January, 2007 found that 92% of Americans, including 91% of gun owners, favor mandatory criminal background checks for all people purchasing guns.

Legislative history

2012: Senate Bill 7839 (Gianaris) - Died in Senate Rules Committee

Fiscal implications

None.

Effective date

The sixtieth day after it shall have become law.