Track Denied Gun Sales

Section 1. Subdivision 1 of section 896 of the general business law is amended by adding a new paragraph (d) to read as follows:

(d) (i) A firearm dealer licensed under federal law shall report to the division of state police information on each instance where such dealer denies an application for the purchase or transfer of a firearm as the result of a background check or completed and submitted firearm purchase or transfer application that indicates the applicant is ineligible to possess a firearm under state or federal law. Such dealer shall report the denied application information to the division of state police within five days of the denial in a format as prescribed by the superintendent of state police. Such reported information must include the identifying information of the applicant, the date of the application and denial of such application, and other information or documents as prescribed by the superintendent of state police. In any case where the purchase or transfer of a firearm is initially denied by such dealer as the result of a background check that indicates the applicant is ineligible to possess a firearm, but the purchase or transfer is subsequently approved, such dealer shall report the subsequent approval to the division of state police within one day of the approval.

(ii) Upon denying an application for the purchase or transfer of a firearm as a result of a background check or completed and submitted

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05227-01-9

A. 1738 2

firearm purchase or transfer application that indicates the applicant is ineligible to possess a firearm under state or federal law, the dealer shall:

(A) Provide such applicant with a copy of a notice form generated and distributed by the superintendent of state police under subdivision four of section 400.02 of the penal law, informing denied applicants of their right to appeal the denial; and

(B) Retain the original records of the attempted purchase or transfer of a firearm for a period not less than six years.

§ 2. Subdivision 2 of section 898 of the general business law, as added by chapter 1 of the laws of 2013, is amended to read as follows:

2. (a) Before any sale, exchange or disposal pursuant to this article, a national instant criminal background check must be completed by a dealer who consents to conduct such check, and upon completion of such background check, shall complete a document, the form of which shall be approved by the superintendent of state police, that identifies and confirms that such check was performed.

(b) (i) Such dealer shall report to the division of state police information on each instance where such dealer denies an application for the purchase or transfer of a firearm as the result of a background check or completed and submitted firearm purchase or transfer application that indicates the applicant is ineligible to possess a firearm under state or federal law. Such dealer shall report the denied application information to the division of state police within five days of the denial in a format as prescribed by the superintendent of state police. Such reported information must include the identifying information of the applicant, the date of the application and denial of such application, and other information or documents as prescribed by the superintendent of state police. In any case where the purchase or transfer of a firearm is initially denied by such dealer as the result of a background check that indicates the applicant is ineligible to possess a firearm, but the purchase or transfer is subsequently approved, such dealer shall report the subsequent approval to the division of state police within one day of the approval.

(ii) Upon denying an application for the purchase or transfer of a firearm as a result of a background check or completed and submitted firearm purchase or transfer application that indicates the applicant is ineligible to possess a firearm under state or federal law, the dealer shall:

(A) Provide such applicant with a copy of a notice form generated and distributed by the superintendent of state police subdivision four of section 400.02 of the penal law, informing denied applicants of their right to appeal the denial; and

(B) Retain the original records of the attempted purchase or transfer of a firearm for a period not less than six years.

§ 3. The penal law is amended by adding a new section 400.04 to read as follows: § 400.04 Dealer reporting of denied applications.

1. A firearm dealer licensed under federal law shall report to the division of state police information on each instance where such dealer denies an application for the purchase or transfer of a firearm as the result of a background check or completed and submitted firearm purchase or transfer application that indicates the applicant is ineligible to possess a firearm under state or federal law. Such dealer shall report the denied application information to the division of state police within five days of the denial in a format as prescribed by the superinten-

A. 1738 3

dent of state police. Such reported information must include the identifying information of the applicant, the date of the application and denial of such application, and other information or documents as prescribed by the superintendent of state police. In any case where the purchase or transfer of a firearm is initially denied by such dealer as the result of a background check that indicates the applicant is ineligible to possess a firearm, but the purchase or transfer is subsequently approved, such dealer shall report the subsequent approval to the division of state police within one day of the approval.

2. Upon denying an application for the purchase or transfer of a firearm as a result of a background check or completed and submitted firearm purchase or transfer application that indicates the applicant is ineligible to possess a firearm under state or federal law, the dealer shall:

(a) Provide such applicant with a copy of a notice form generated and distributed by the superintendent of state police subdivision four of section 400.02 of the penal law, informing denied applicants of their right to appeal the denial; and

(b) Retain the original records of the attempted purchase or transfer of a firearm for a period not less than six years.

§ 4. Section 400.02 of the penal law, as added by chapter 1 of the laws of 2013, is amended to read as follows: § 400.02 Statewide license and record database.

1. There shall be a statewide license and record database which shall be created and maintained by the division of state police the cost of which shall not be borne by any municipality. Records assembled or collected for purposes of inclusion in such database shall not be subject to disclosure pursuant to article six of the public officers law. Records containing granted or denied license applications shall be periodically checked by the division of criminal justice services against criminal conviction, mental health, and all other records as are necessary to determine their continued accuracy as well as whether an individual is no longer a valid license holder. The division of criminal justice services shall also check pending applications made pursuant to this article against such records to determine whether a license may be granted. All state agencies shall cooperate with the division of criminal justice services, as otherwise authorized by law, in making their records available for such checks. The division of criminal justice services, upon determining that an individual is ineligible to possess a license, or is no longer a valid license holder, shall notify the applicable licensing official of such determination and such licensing official shall not issue a license or revoke such license and any weapons owned or possessed by such individual shall be removed consistent with the provisions of subdivision eleven of section 400.00 of this article. Local and state law enforcement shall have access to such database, as otherwise authorized by law, in the performance of their duties. Records assembled or collected for purposes of inclusion in the database established by this section shall be released pursuant to a court order.

2. (a) The division of state police shall create and maintain an electronic portal for firearm dealers licensed under federal law, to report the information as required pursuant to subdivision one of section eight hundred ninety-six of the general business law, subdivision two of section eight hundred ninety-eight of such law or section 400.04 of this article, pertaining to persons who have applied for the purchase or transfer of a firearm and were denied as the result of a background check or completed and submitted firearm purchase or transfer applica-

A. 1738 4

tion that indicates the applicant is ineligible to possess a firearm under state or federal law.

(b) Upon receipt of information from such dealer pursuant to subdivision one of section eight hundred ninety-six of the general business law, subdivision two of section eight hundred ninety-eight of such law or section 400.04 of this article that a person originally denied the purchase or transfer of a firearm as the result of a background check that indicates the applicant is ineligible to possess a firearm has subsequently been approved for the purchase or transfer, the division of state police must purge any record of such person's denial in its possession and inform the superintendent of state police and any local law enforcement agency participating in the grant program under section two hundred thirty-five of the executive law of the subsequent approval of the purchase or transfer.

(c) Information and records prepared, owned, used or retained by the division of state police pursuant to this act are exempt from public inspection and copying article six of the public officers law.

(d) The division of state police must destroy the information and data reported by a dealer pursuant to subdivision one of section eight hundred ninety-six of the general business law, subdivision two of section eight hundred ninety-eight of such law or section 400.04 of this article upon its satisfaction that the information and data is no longer necessary to carry out its duties pursuant to this section.

3. (a) Upon receipt of documentation that a person has appealed a background check denial, the division of state police shall immediately remove the record of such person initially reported pursuant to subdivision two of this section from such database accessible to law enforcement agencies and officers. The division of state police must keep a separate record of such person's information for a period of one year or until such time as such appeal has been resolved. Every twelve months, the division of state police shall notify such person that such person must provide documentation that his or her appeal is still pending or the record of such person's background check denial will be put back in such database accessible to law enforcement agencies and officers. At any time, upon receipt of documentation that such person's appeal has been granted, the division of state police shall remove any record of such person's denied firearms purchase or transfer application from such database accessible to law enforcement agencies and officers.

(b) Upon receipt of satisfactory proof that a person who was reported to the division of state police pursuant to subdivision two of this section is no longer ineligible to possess a firearm under state or federal law, the division of state police must remove any record of such person's denied firearms purchase or transfer application from such database accessible to law enforcement agencies and officers.

4. (a) The superintendent of state police shall generate and distribute a notice form to all dealers, to be provided by such dealers to applicants denied the purchase or transfer of a firearm as a result of a background check that indicates the applicant is ineligible to possess a firearm. Such notice form must contain the following statements:

State law requires that I transmit the following information to New York State Police as a result of your firearm purchase or transfer denial within two days of the denial:

(i) Identifying information of the applicant;

(ii) The date of the application and denial of the application; and

(iii) Other information as prescribed by the New York State Police.

A. 1738 5

If you believe this denial is in error, and you do not exercise your right to appeal, you may be subject to criminal investigation by the New York State Police and/or a local law enforcement agency.

(b) Such notice form shall also contain information directing such applicant to a web site describing the process of appealing a national instant criminal background check system denial through the federal bureau of investigation and refer the applicant to local law enforcement for information on a denial based on a state background check. Such notice form shall also contain a phone number for a contact at the division of state police to direct such applicant to resources regarding an individual's right to appeal a background check denial.

§ 5. The executive law is amended by adding a new section 233 to read as follows: