Prohibits the purchase of more than 1 firearm during any period of 30 days and implements a 10-day waiting period

Summary of provisions

Section 1 of the bill amends the Penal Law by adding a new section 265.50. The proposed legislation establishes the crime of unlawful procurement of a firearm when: (i) He/She purchases or takes possession of more than one firearm from any dealer in firearms during any 30-day period; or (ii) Being a firearms dealer, he/she sells or transfers a firearm to any person who has purchased or taken possession of a firearm during the previous 30-days. Unlawful procurement of a firearm is a class A misdemeanor.

Section 2 of the bill amends Section 265.20 of the Penal Law by adding a new subdivision f, providing exemptions to the crime of unlawful procurement of a firearm.

Section 3 of the bill amends the Penal Law by adding a new section 400.15. The proposed legislation requires: (i) Each dealer in firearms shall prior to the sale of any firearm to a person request approval of such sale to such person from the Division of Criminal Justice Services (DCJS); (ii) Upon receipt of the approval, the dealer in firearms shall record and report such sale to DCJS within 24 hours.

Section 4 of the bill adds a new Article 38-B to the General Business Law in relation to establishing a waiting period for the purchase of a firearm.

*Section 825 defines certain terms.

*Section 826 provides that no firearms dealer shall deliver any firearm, and no such person shall take possession of any firearm from

a dealer in firearms unless: (a) ten days have elapsed from the date such seller initiated the national instant background check of the purchaser; and (b) such dealer received notice that the purchaser has passed all background checks required by federal, state and local law.

*Section 827 provides exemptions to the article.

*Section 828 provides that a violation of the article shall be a class A misdemeanor.

Section 5 of the bill amends Section 265.17 of the Penal Law by re-designating the existing paragraphs as subdivisions 1(a) and 1(b) and adding a new subdivision 2 requiring licensed gunsmiths and firearms dealers to report to police whenever a would-be purchaser of a firearm fails a background check through National Instant Criminal Background Check System (NICS).

Section 6 of the bill amends section 400.00 of the Penal Law by adding a new subdivision 12b that would: ban anyone otherwise prohibited from possessing a firearm from being employed by a gunsmith or firearms dealer in a job that involves handling or selling firearms; subject such employees to background checks through NICS; require the Division of Criminal Justice Services (DCJS) to issue qualifying employees an employment certificate, after review of the application using NICS. If DJCS receives a negative response from NICS for any employee, the dealer would 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 the effective date of this bill. The employment certificate would be invalidated upon termination of employment. Any employment in violation of this subdivision shall constitute a violation on the part of both the employee and the firearms dealer.

Section 7 of the bill sets forth the effective date.

Justification

Laws imposing a waiting period prior to the sale of a firearm give law enforcement officials adequate time to perform a thorough background check on the prospective purchaser, and provide a 'cooling off' period to help guard against impulsive acts of violence.

There is no federal waiting period. Under federal law, a dealer may transfer a firearm to a prospective purchaser as soon as he or she passes a background check. If the Federal Bureau of Investigation (FBI) is unable to complete a background check within three business days, the dealer may complete the transfer by default.

In 2007, the FBI was unable to complete a background check within three business days for over 134,000 firearm transactions, and such agency determined that at least 355 ineligible persons had been sold firearms by default within that year. FBI investigations of prohibited purchasers who were allowed to buy firearms by default typically take 25 days to complete. As a result, the FBI has recommended extending the maximum time allowed for conducting background checks to allow more time to complete such checks and to reduce the number of prohibited purchasers who are able to purchase firearms by default.

The American public overwhelmingly supports laws imposing a waiting period prior to the sale of a firearm. A nationwide poll conducted in June 2008 found that 86% of Americans favor waiting period laws.

Federal law does not limit the number of guns a person may buy in any given time period. Studies show that firearms sold in multiple sales to the same individual purchaser are frequently used in crime. ATF crime-gun-trace data revealed that 22% of all handguns recovered in 1999 had been transferred to a purchaser involved in a multiple sale. Crime gun trace data from 2000 showed that 20% of all retail handguns recovered in crime were purchased as part of a multiple sale.

The American public strongly supports laws limiting the number of guns that may be purchased at one time. A national poll conducted for Mayors Against Illegal Guns in the spring of 2008 found that 65% of Americans favor limiting the number of handguns an individual is allowed to purchase to one gun per month.

Under current law, licensed firearms dealers are required to conduct criminal background checks through the DCJS 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 DCJS to administer background checks of all new employees through 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

New bill combining elements of the following bills.

2013: Senate Bill 572A (Gianaris) - Referred to Senate Codes Committee 2013: Senate Bill 572: (Gianaris) - Died in Senate Codes Committee 2012: Senate Bill 7834 (Gianaris) - Died in Senate Rules Committee 2013: Assembly Bill 3186A (Kavanagh) - Referred to Assembly Codes Committee 2013: Assembly Bill 3186 (Kavanagh) - Died in Assembly Codes Committee 2013: Assembly Bill 3181 (Kavanagh) - Referred to Assembly Codes Committee 2012: Senate Bill 7835 (Gianaris) - Died in Senate Rules Committee 2013: Senate Bill 517 (Gianaris) - Referred to Consumer Protection 2013: A192 (Kavanagh) - Referred to Assembly Codes Committee 2012: A10625 (Kavanagh) - Referred to Assembly Codes Committee 2010: A05696D (Kavanagh) - Third Reading 2009: A05696B (Kavanagh) - Third Reading

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law, except that the division of criminal justice services shall promulgate any rules or regulations or approve any forms necessary for applications for employment certificates to be submitted to and approved by such division and for employment certificates to be issued by such division

pursuant to subdivision 12-b of section 400.00 of the penal law as added by section six of this act, and shall begin to issue such certificates to qualifying employees before the one hundred eightieth day after this act shall have become a law.