What's happening
This bill requires background checks and employment certificates for employees of licensed firearms businesses who handle or sell firearms.
Why it matters
Expands accountability for gun store employees. By requiring background checks and employment certificates, the bill ensures that only individuals legally permitted to possess firearms can handle or sell them in licensed businesses, aiming to reduce the risk of diversion to prohibited persons or criminals.
Creates a formal employment vetting process. Employers must submit applications for prospective employees to the Division of Criminal Justice Services for background checks, adding a regulated layer of oversight to hiring practices in the firearms industry.
Limits risks from improper access. The bill makes it a violation for both the employer and employee if someone without proper clearance handles firearms, creating legal incentives for compliance and deterring negligent hiring or unsupervised access.
Includes safeguards and exceptions. The law allows exemptions for certain groups (e.g., military members, those already licensed, or pre-existing employees within a six-month window), balancing security concerns with practical considerations for current workers and workforce flexibility.
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Who cares
Headline styles
Background Checks for Gun Store Staff
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
437
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 400.00 of the penal law is amended by adding a new subdivision 12-b to read as follows:
12-b. Gunsmith or dealer in firearms employees. (a) No person shall be employed by a gunsmith or dealer in firearms for duties that include handling, selling, or otherwise disposing of firearms, if such person is prohibited from receiving or possessing firearms under federal law or if such person would be ineligible for a license to possess firearms under paragraph (c) or (e) of subdivision one of this section.
(b) No gunsmith or dealer in firearms shall employ a person whose duties include handling, selling, or otherwise disposing of firearms, absent an exemption pursuant to paragraphs one and two of subdivision a of section 265.20 of this chapter, unless:
(i) such person is twenty-one years of age or older or is a member of the United States armed forces or has been honorably discharged therefrom, and such employee has been issued a valid employment certificate from the division of criminal justice services;
(ii) such person has obtained and possesses a valid license issued under the provisions of this section or section 400.01 of this article; or
(iii) such person was employed by the gunsmith or dealer in firearms prior to the effective date of this subdivision and no more than six months have elapsed after the effective date of this subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00101-01-7
S. 437 2
(c) Applications for employment certificates shall be submitted by the applicant's prospective employer to the division of criminal justice services. Blank applications must contain, at a minimum, the information required to conduct a background check in the National Instant Criminal Background Check System. All applications must be signed and verified by the applicant.
(d) Upon receipt of an application for an employment certificate, the division of criminal justice services shall conduct a background check in the National Instant Criminal Background Check System to determine whether the applicant is qualified to receive or possess a firearm under state and federal law. If the results of the background check indicate that there is no information that would disqualify the applicant from receiving or possessing a firearm under state or under federal law, the division of criminal justice services shall document such result on an employment certificate. If the background check results in a "delayed" response as described in 28 C.F.R. § 25.6, the division of criminal justice services shall not certify the applicant for employment pending receipt of a follow-up "proceed" response from the National Instant Criminal Background Check System.
(e) The division of criminal justice services shall issue to qualifying employees an employment certificate, which shall certify that the holder of such certificate is eligible to handle, sell, or otherwise dispose of firearms or weapons on behalf of the gunsmith or dealer in firearms. Such certificate shall become invalid upon the termination of the employee's employment. Such certificate shall have the effect of authorizing such employee to handle, sell, or otherwise dispose of those firearms that are lawfully possessed, sold or disposed of by the gunsmith or dealer in firearms only while such employee is actually conducting business on behalf of the gunsmith or dealer in firearms notwithstanding the fact that such weapons may not be the type the employee would otherwise be licensed or authorized to possess under New York law. When an employee is conducting business on behalf of a gunsmith or dealer in firearms at any location other than the premises where such employee works, the employee shall have in his or her possession a copy of his or her employment certificate or valid license issued under the provisions of this section or section 400.01 of this article or documentation of the employee's exemption based on prior employment. Copies of such certificates or licenses or documentation of exemption shall be maintained by the gunsmith or dealer in firearms on the premises where such employee works. All certificates, licenses, documentation and copies referred to in this paragraph shall be produced upon request by any police officer or peace officer acting pursuant to his or her special duties.
(f) For the purpose of this subdivision, the term handling shall not include moving or carrying, in the normal course of business, a secured crate or container that contains a firearm or firearms, from one location to another within the premises of a gunsmith or dealer in firearms.
(g) Any employment in violation of this subdivision shall constitute a violation on the part of both the employee and the gunsmith or dealer in firearms.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015-2016 - S1348 2013-2014 - S.53 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.