STATE OF NEW YORK ________________________________________________________________________ 716 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the general business law, in relation to eliminating the default proceed firearm loophole The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 12 of section 400.00 of the penal law, as 2 amended by chapter 1 of the laws of 2013, is amended to read as follows: 3 12. Records required of gunsmiths and dealers in firearms. Any person 4 licensed as gunsmith or dealer in firearms shall keep a record book 5 approved as to form, except in the city of New York, by the superinten- 6 dent of state police. In the record book shall be entered at the time of 7 every transaction involving a firearm the date, name, age, occupation 8 and residence of any person from whom a firearm is received or to whom a 9 firearm is delivered, and the calibre, make, model, manufacturer's name 10 and serial number, or if none, any other distinguishing number or iden- 11 tification mark on such firearm. Before delivering a firearm to any 12 person, the licensee shall require him to produce either a license valid 13 under this section to carry or possess the same, or proof of lawful 14 authority as an exempt person pursuant to section 265.20 of this chapter 15 and the national instant criminal background check system or its succes- 16 sor having issued a "proceed" response to the dealer. A licensee shall 17 not deliver a firearm to any person if the national instant criminal 18 background check system or its successor issues a response other than 19 "proceed" to the licensee. In addition, before delivering a firearm to 20 a peace officer, the licensee shall verify that person's status as a 21 peace officer with the division of state police. After completing the 22 foregoing, the licensee shall remove and retain the attached coupon and 23 enter in the record book the date of such license, number, if any, and 24 name of the licensing officer, in the case of the holder of a license to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01673-01-9

A. 716 2 1 carry or possess, or the shield or other number, if any, assignment and 2 department, unit or agency, in the case of an exempt person. The 3 original transaction report shall be forwarded to the division of state 4 police within ten days of delivering a firearm to any person, and a 5 duplicate copy shall be kept by the licensee. The superintendent of 6 state police may designate that such record shall be completed and tran- 7 smitted in electronic form. A dealer may be granted a waiver from trans- 8 mitting such records in electronic form if the superintendent determines 9 that such dealer is incapable of such transmission due to technological 10 limitations that are not reasonably within the control of the dealer, or 11 other exceptional circumstances demonstrated by the dealer, pursuant to 12 a process established in regulation, and at the discretion of the super- 13 intendent. Records assembled or collected for purposes of inclusion in 14 the database created pursuant to section 400.02 of this article shall 15 not be subject to disclosure pursuant to article six of the public offi- 16 cers law. The record book shall be maintained on the premises mentioned 17 and described in the license and shall be open at all reasonable hours 18 for inspection by any peace officer, acting pursuant to his special 19 duties, or police officer. In the event of cancellation or revocation of 20 the license for gunsmith or dealer in firearms, or discontinuance of 21 business by a licensee, such record book shall be immediately surren- 22 dered to the licensing officer in the city of New York, and in the coun- 23 ties of Nassau and Suffolk, and elsewhere in the state to the executive 24 department, division of state police. 25 § 2. Subdivision 1 of section 897 of the general business law, as 26 added by chapter 189 of the laws of 2000, is amended to read as follows: 27 1. A national instant criminal background check shall be conducted and 28 no person shall sell or transfer a firearm, rifle or shotgun at a gun 29 show, except in accordance with the provisions of 18 U.S.C. 922(t), 30 provided that before delivering a firearm, rifle or shotgun to any 31 person the national instant criminal background check system or its 32 successor shall have issued a "proceed" response to the seller or 33 transferor. A seller or transferor shall not deliver a firearm, rifle or 34 shotgun to any person if the national instant criminal background check 35 system or its successor issues a response other than "proceed" to the 36 seller or transferor. 37 § 3. Subdivisions 1 and 2 of section 898 of the general business law, 38 as added by chapter 1 of the laws of 2013, are amended to read as 39 follows: 40 1. In addition to any other requirements pursuant to state and federal 41 law, all sales, exchanges or disposals of firearms, rifles or shotguns 42 shall be conducted in accordance with this section unless such sale, 43 exchange or disposal is conducted by a licensed importer, licensed 44 manufacturer or licensed dealer, as those terms are defined in 18 USC § 45 922, when such sale, exchange or disposal is conducted pursuant to that 46 person's federal firearms license or such sale, exchange or disposal is 47 between members of an immediate family. When a sale, exchange or 48 disposal is conducted pursuant to a person's federal firearms license, 49 before delivering a firearm, rifle or shotgun to any person, the 50 national instant criminal background check system or its successor shall 51 have issued a "proceed" response to the federal firearms licensee. A 52 federal firearms licensee shall not deliver a firearm, rifle or shotgun 53 to any person if the national instant criminal background check system 54 or its successor issues a response other than "proceed" to the federal 55 firearms licensee. For purposes of this section, "immediate family" 56 shall mean spouses, domestic partners, children and step-children.

A. 716 3 1 2. Before any sale, exchange or disposal pursuant to this article, a 2 national instant criminal background check must be completed by a dealer 3 who consents to conduct such check, and upon completion of such back- 4 ground check, shall complete a document, the form of which shall be 5 approved by the superintendent of state police, that identifies and 6 confirms that such check was performed. Before a dealer who consents to 7 conduct a national instant criminal background check delivers a firearm, 8 rifle, or shotgun to any person, the national instant criminal back- 9 ground check system or its successor shall have issued a "proceed" 10 response to the dealer. A dealer shall not deliver a firearm, rifle or 11 shotgun to any person if the national instant criminal background check 12 system or its successor issues a response other than "proceed" to the 13 federal firearms licensee. 14 § 4. This act shall take effect on the sixtieth day after it shall 15 have become a law.

Relates to eliminating the default proceed firearm loophole

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