What's happening
This bill requires background checks and certification for employees of gun dealers and gunsmiths who handle, sell, or dispose of firearms in New York.
Why it matters
Expands accountability for gun shops. By requiring background checks for all employees handling firearms, the bill aims to prevent individuals prohibited by law from accessing guns through employment, closing a potential loophole in existing regulations.
Establishes a formal certification process. Employees must receive a state-issued background check certificate, ensuring that all who handle, sell, or dispose of firearms in these businesses have passed a criminal background check, similar to what is required for gun buyers.
Creates new legal obligations for employers. Gun dealers and gunsmiths are now responsible for verifying and maintaining records of employee certifications, with penalties for both the employer and employee if these requirements aren’t met, increasing oversight and record-keeping duties.
Limits exceptions and clarifies scope. The law carves out narrowly defined exceptions (e.g., police officers, licensed individuals, or those simply moving locked crates), making clear who must comply and reducing ambiguity about covered activities and personnel.
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Who cares
Headline styles
Require Gun Store Employee Checks
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2441
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. FAHY -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to enacting the effective background check act of 2019, in relation to requiring background checks for employees who would be authorized to possess or transfer firearms, rifles, or shotguns
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "effective background check act of 2019".
§ 2. Section 400.00 of the penal law is amended by adding a new subdivision 12-b to read as follows:
12-b. Employees of a gunsmith or dealer in firearms, rifles, or shotguns. (a) No person shall be employed by a gunsmith or dealer in firearms, rifles, or shotguns for duties that include handling, selling, or otherwise disposing of firearms, rifles, or shotguns, if such person is prohibited from receiving or possessing firearms, rifles, or shotguns under federal law or if such person is prohibited from receiving or possessing firearms, rifles, or shotguns under local, state, or federal law or if such person would be ineligible for a license under this section.
(b) No gunsmith or dealer in firearms, rifles, or shotguns shall employ a person whose duties include handling, selling, or otherwise disposing of firearms, rifles, or shotguns, unless: (i) such person is twenty-one years of age or older and has been issued an employee background check certificate from the division of criminal justice services; or (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 is a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.
(c) Applications for employee background check certificates shall be submitted by the applicant's prospective employer to the division of criminal justice services in a form approved by such division. Applications must contain, at a minimum, the information required to conduct a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02298-01-9
A. 2441 2
background check in the National Instant Criminal Background Check System (NICS) or its successor. All applications must be signed and verified by the applicant.
(d) Upon receipt of an application for an employee background check certificate, the division of criminal justice services shall conduct a background check of the applicant in NICS or its successor. The results of the background check must indicate that there is no information that would disqualify the applicant from receiving or possessing a firearm, rifle, or shotgun under state or under federal law, and the division of criminal justice services shall document such result on an employee background check certificate.
(e) The division of criminal justice services shall issue to qualifying employees an employee background check certificate, which shall certify that a background check was conducted on the holder of such certificate and that NICS indicated that there was no information in the system as of the date of the background check that would disqualify the applicant from receiving or possessing a firearm, rifle, or shotgun. Such certificate shall have the effect of authorizing such employee to handle, sell, or otherwise dispose of those firearms, rifles, or shotguns that are lawfully possessed, sold or disposed of by the gunsmith or dealer in firearms, rifles, or shotguns only while such employee is actually conducting business on behalf of the gunsmith or dealer in firearms, rifles, or shotguns 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. The employee shall have in his or her possession a copy of his or her certificate or valid license issued under the provisions of this section or section 400.01 of this article or proof that he or she is a police officer. A copy of such certificate or license or proof that an employee is a police officer shall be maintained by the gunsmith or dealer in firearms, rifles, or shotguns on the premises where such employee works. All certificates, licenses, or proof that an employee is a police officer 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. Such certificate shall become invalid effective upon the termination of the employee's employment. An employer shall notify the division of criminal justice services, in a manner determined by the division, whenever a certificate holder's employment with such dealer or gunsmith has been terminated.
(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, rifle or rifles, or shotgun or shotguns, from one location to another within the premises of a gunsmith or dealer in firearms, rifles, or shotguns.
(g) A failure to adhere to the requirements of this subdivision shall constitute a violation on the part of both the employee and the gunsmith or dealer in firearms, rifles, or shotguns.
§ 3. 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 employee background check certificates to be submitted to and approved by such division and for certificates to be issued by such division pursuant to subdivision 12-b of section 400.00 of the penal law as added by section two 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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