Regulates firearms and ammunition dealers

Summary of provisions

Section 1 of the bill adds a new Article 38-B to the General Business Law regulating firearms and ammunition dealers. The new article contains twenty-one sections as follows:

* Sections 825-832: (i) defines certain terms; (ii) requires all persons who engage in the business of selling, leasing or transferring firearms, rifles, shotguns or ammunition to be issued a dealer permit by the Division of Criminal Justice Services (DCJS);

(iii) establishes the conditions for DCJS to grant, renew or deny said permit; and (iv) provides the grounds for revocation of a dealer permit.

* Sections 833-838 requires: (i) the permit to be conspicuously displayed in a location visible to the public; (ii) the inspection by any police officer; (iii) permittees to maintain all records for 10 years; (iv) security requirements to be implemented; (v) insurance criteria for permitting; (vi) location of the business specifications; and (vii) conspicuously placed public warnings.

* Sections 839-841 provides: (i) for the prohibition of the permitee or person acting under permittee's authority from selling, transferring, leasing or loaning any firearm, rifle, shotgun or ammunition from the permittee's inventory until certain conditions are satisfied; and

(ii) the recording of specified sales and acquisition records in written or electronic form to be provided by DCJS.

* Sections 842-844 requires: (i) physical inventory to be taken within the first 5 business days of April and October of each calendar year;

(ii) reporting by permittee of lost or stolen ammunition within 48 hours after he/she knows or reasonably should have known of loss or theft; (iii) criteria to gain access into permittee's business; and

(iv) conspicuously placed signage of such.

* Section 845 provides that a violation of the article shall be a class A misdemeanor.

Justification

Federal regulation of firearms dealers and ammunition sellers is currently inadequate to protect the public safety. No federal law requires ammunition dealers to create or maintain records of ammunition sales, or requires persons who sell or transfer ammunition to obtain a license. However, a number of state and local jurisdictions have adopted such laws. This bill would establish a strong record retention policy in New York State.

Federally-licensed firearm dealers are a major source of trafficked firearms and federal laws are silent regarding many important aspects of firearms dealer's and ammunition dealers' business. Among other things, federal law does not require these businesses to: (a) implement security requirements; (b) conduct employee background checks; (c) maintain adequate liability insurance; or (d) refrain from operating in residential neighborhoods, or near schools, daycare centers or parks.

The American public overwhelmingly supports the regulation of firearms dealers. A nationwide poll conducted in March and April 2008 found that: (a) 91% of Americans favor requiring gun stores to perform background checks on employees; (b) 86% of Americans favor requiring gun retailers to inspect their inventories every year to report stolen or missing guns; (c) 88% of Americans favor requiring stores to keep all guns locked securely to prevent theft; and (d) 74%. of Americans favor requiring gun retailers to videotape all gun sales.

Legislative history

2014: Senate Bill #574 (Gianaris) - Died in Senate Consumer Protection Committee

Fiscal implications

None.

Effective date

The first of January next succeeding the date on which it shall become a law; provided, however, that the provisions of this act shall not apply to any person engaged in the business of selling, leasing or transferring firearms or ammunition on the effective date of this act, until the ninetieth day after such date.