What's happening
This bill establishes strict permitting, security, reporting, and operational requirements for firearms and ammunition dealers in New York State.
Why it matters
Comprehensive background checks and oversight. The bill mandates thorough background investigations not just for applicants, but for all employees and agents who will have access to firearms or ammunition, with regular re-verification at each permit renewal—aiming to prevent individuals with criminal backgrounds or substance abuse history from engaging in gun sales.
Stringent physical security and surveillance. Dealers are required to implement robust security measures, including alarm systems, video surveillance that records customer facial features, and strict storage protocols for firearms and ammunition—meant to deter theft, diversion, and unauthorized access, both during and after business hours.
Extensive record-keeping and rapid reporting. The legislation imposes detailed requirements for documenting all sales, acquisitions, and inventories of firearms and ammunition, with rapid (within 24 hours) electronic reporting to state authorities, as well as mandatory reporting of any lost or stolen ammunition—facilitating law enforcement monitoring and helping to trace firearms or ammunition used in crimes.
Strict zoning and age restrictions. Firearms businesses would be prohibited from operating in residential zones or near schools, parks, and similar locations, and individuals under 21 would be barred from entering gun stores unless accompanied by a guardian—measures intended to limit youth access and reduce gun-related risks in sensitive community areas.
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Who cares
Headline styles
Regulate Gun and Ammo Dealers
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to consumer protection
- Referred to consumer protection
Full text
8 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2673
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sens. GIANARIS, ADDABBO, AVELLA, BRESLIN, KRUEGER, MONT- GOMERY, PERKINS, RIVERA, SERRANO, SQUADRON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to regulating firearms and ammunition sellers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new article 38-B to read as follows:
ARTICLE 38-B
FIREARMS AND AMMUNITION DEALERS Section 825. Definitions.
826. Dealer permit.
827. Application for dealer permit.
828. Investigation by division.
829. Grounds for denial of permit.
830. Issuance of dealer permit.
831. Revocation.
832. Report of revocation.
833. Display of dealer permit.
834. Inspection.
835. Security.
836. Insurance.
837. Location of business.
838. Public warning.
839. Duties upon sale, lease or transfer.
840. Sales records and reporting.
841. Firearms acquisition records and reporting.
842. Inventory reports.
843. Lost or stolen ammunition reporting.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02532-01-7
S. 2673 2
844. Restricted admittance.
845. Criminal penalty.
§ 825. Definitions. As used in this article:
1. "Applicant" means any person who applies for a dealer permit or the renewal thereof, to sell, lease or transfer firearms or ammunition.
2. "Commissioner" means the commissioner of criminal justice services.
3. "Division" means the division of criminal justice services.
4. "Engage in the business of selling, leasing or transferring firearms or ammunition" means:
(a) conducting the business of selling, leasing or transferring firearms or ammunition;
(b) holding oneself out as engaged in the business of selling, leasing or transferring firearms or ammunition; or
(c) the sale, lease or transfer of firearms or ammunition in quantity, in series, in individual transactions.
5. "Firearm" has the same meaning as that term is defined in subdivision three of section 265.00 of the penal law.
§ 826. Dealer permit. No person shall engage in the business of selling, leasing or transferring firearms or ammunition without a dealer permit issued pursuant to this article.
§ 827. Application for dealer permit. 1. A person who is required to obtain a dealer permit pursuant to this article shall:
(a) appear in person at a time and place designated by the commissioner;
(b) complete and submit to the division an application, in writing, signed under penalty of perjury, on a form prescribed by the commissioner;
(c) provide all information required by the commissioner, including:
(i) the applicant's full name and any other name by which the applicant has ever been known;
(ii) the home address and telephone number of the applicant;
(iii) the occupation, business address and business telephone number of the applicant;
(iv) the license and permit numbers of all federal, state and local licenses and permits held by the applicant that authorize the applicant to sell, lease or transfer firearms or ammunition, if any;
(v) such information as may be required by the commissioner relating to every other license or permit to sell, lease, transfer, purchase or possess firearms and ammunition which is held by or was sought by the applicant from the federal, or any state or local government, including, but not limited to, the type of license or permit held or sought, the date of each application and whether it resulted in the issuance of the license or permit, and the date and circumstances of any revocation or suspension;
(vi) the address of the location for which the permit is sought, if different than the applicant's business address;
(vii) the business name, and the name of any person, corporation, partnership, limited liability company or other entity that has any ownership in or control over the business;
(viii) the names, dates of birth and addresses of all persons who will have access to or control of workplace firearms or ammunition, including but not limited to, the applicant's employees, agents and supervisors, if any;
(ix) proof of a possessory interest in the property at which the business is or will be conducted, as owner, lessee or other legal occupant, and, if the applicant is not the owner of record of the real property
S. 2673 3
upon which the applicant's business is or is to be located and conducted, the written consent of the owner of record of such real property to the applicant's business;
(x) a floor plan of the business which illustrates the applicant's compliance with security requirements of this article;
(xi) proof of compliance with all applicable federal, state and local licensing, zoning, land use and other business laws;
(xii) certification of satisfaction of the insurance requirements of this article; and
(xiii) the dates, locations and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States.
2. The division may impose a fee for the submission of an application pursuant to this section.
§ 828. Investigation by division. 1. The division shall conduct an investigation of the applicant to determine whether a dealer permit may be issued or renewed. The division shall require: (a) the applicant; and (b) all persons who will have access to or control of workplace firearms or ammunition, including but not limited to the applicant's employees, agents and/or supervisors, if any, to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, and any additional information which the commissioner deems necessary to complete the investigation.
2. Prior to issuance or renewal of a dealer permit, the division shall inspect the premises of the applicant business to ensure compliance with this article.
3. The division may grant or renew a dealer permit if the applicant is in compliance with the provisions of this article and all other applicable federal, state and local laws.
§ 829. Grounds for denial of permit. 1. The division shall deny an application for the issuance or renewal of a dealer permit if the operation of the business would not or does not comply with federal, state and local laws, or if the applicant:
(a) is under twenty-one years of age;
(b) is not licensed as required by all applicable federal, state and local laws;
(c) has made a false or misleading statement of a material fact or omission of a material fact in the application for such permit, or in any other documents submitted to the division. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five years;
(d) has had a license or permit to sell, lease, transfer, purchase or possess firearms or ammunition from the federal or any state or local government revoked, suspended or denied for good cause within the preceding five years;
(e) is prohibited by any federal, state or local law from purchasing or possessing firearms or ammunition, or has been convicted of:
(i) a crime relating to the manufacture, sale, possession or use of a firearm, rifle, shotgun, dangerous deadly weapon or ammunition;
(ii) a crime involving the use of force or violence upon the person of another;
(iii) a crime involving theft, fraud, dishonesty or deceit; or
(iv) a crime involving the sale or possession of a controlled substance; or
(f) is currently or has been within the preceding five years, an unlawful user of or addicted to a controlled substance.
S. 2673 4
2. The employees, agents and supervisors of an applicant shall not have access to or control over workplace firearms or ammunition until the division has conducted an investigation pursuant to section eight hundred twenty-eight of this article, and verified that none of the conditions listed in subdivision one of this section exist, as applied to those employees, agents or supervisors. A new law enforcement investigation and background verification of such persons must be conducted each time the applicant renews his or her permit, or applies for a new permit.
§ 830. Issuance of dealer permit. A dealer permit shall be valid for a period of three years from the date of its issuance. A permit may be renewed prior to its expiration if the permittee submits a timely application for renewal, accompanied by a nonrefundable renewal fee established by the commissioner. Renewal of a permit shall be contingent upon the permittee's compliance with the terms and conditions of the original application and permit and any additional conditions arising pursuant to law. Any police officer may inspect the business premises for compliance with the provisions of this article prior to renewal of the permit. The renewal application and the renewal fee must be received by the division no later than forty-five days before the expiration of the current permit.
§ 831. Revocation. The division may revoke the dealer permit of any permittee found to be in violation of any provision of this article, or any applicable federal, state or local law.
§ 832. Report of revocation. In addition to any other penalty or remedy, the division shall report the revocation of any dealer permit to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
§ 833. Display of dealer permit. The dealer permit of a permitted business shall be conspicuously displayed upon the premises of such business in a location visible to the public.
§ 834. Inspection. Permitted places of business shall be open for inspection by any police officer during all hours of operation. The division shall conduct an inspection of the business in connection with the initial issuance of a permit, and thereafter conduct an inspection in connection with each renewal of the permit. Permittees shall maintain all records, documents, firearms and ammunition in a manner and place accessible for inspection by law enforcement officers.
§ 835. Security. 1. All firearms and ammunition in the inventory of a permittee shall be kept at the permitted business location.
2. If the business location is to be used at least in part for the sale of firearms, all perimeter doorways, windows, and heating, ventilating, air-conditioning and service openings shall be secured in a manner prescribed by the commissioner.
3. Any time a permitted business location is not open to the public, every firearm shall be stored in one of the following ways:
(a) in a locked fireproof safe or vault in the permittee's business premises that meets Underwriters Laboratories Residential Security Container rating standards by a Nationally Recognized Testing Laboratory; or
(b) secured with a hardened steel rod or cable of at least one-fourth inch in diameter through the trigger guard of the firearm. No more than five firearms may be affixed to any one rod or cable at any time.
4. Any time a permitted business location is open to the public, all firearms shall be kept unloaded and all firearms and ammunition shall be kept in an area of the permitted business inaccessible to the public,
S. 2673 5
except when in the immediate presence of and under the direct supervision of the permittee or his or her employees.
5. The permitted business locations shall be secured by an alarm system that is installed and maintained by an alarm company operator properly licensed pursuant to law. The alarm system must be monitored by a central station listed by Underwriters Laboratories, Inc., and covered by an active Underwriters Laboratories, Inc. alarm system certificate with a #3 extent of protection.
6. Each permitted business location shall be equipped with a video surveillance system sufficient to monitor the critical areas of the business premises including, but not limited to, all places where firearms or ammunition are stored, handled, sold, transferred or carried. The video surveillance system shall operate continuously, without interruption, whenever the permitted business location is open to the public. Whenever the permitted business location is not open to the public, the system shall be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area. In addition, the sale or transfer of a firearm or ammunition shall be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible. The stored images shall be maintained at the permitted business location for a period not less than one year from the date of recordation, and shall be made available for inspection by a police officer upon request. The permittee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height: "THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED."
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to regulating firearms and ammunition sellers
Purpose
The purpose of this act is to establish a record retention policy and fill the gaps in existing law regulating firearms and ammunition dealers, so as to reduce the number of firearm deaths and injuries from the irresponsible or criminal use of firearms and ammunition.
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:
Read the full memo (663 words)
*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 permittee 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
2016: Died in Consumer Protection 2015: Died in Consumer Protection 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.
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