STATE OF NEW YORK
________________________________________________________________________
9433
IN ASSEMBLY
March 3, 2016
___________
Introduced by M. of A. PAULIN, DINOWITZ, GALEF, GOTTFRIED, MOSLEY,
ROBINSON, SIMON, JAFFEE, BLAKE, LINARES -- Multi-Sponsored by -- M. of
A. BRENNAN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law and the general business law, in relation
to establishing a waiting period before a firearm, shotgun or rifle
may be delivered to a person
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 either (a) three business days have elapsed since the date the
16 licensee contacted the National Instant Criminal Background Check System
17 (NICS) or its successor to initiate a national instate criminal back-
18 ground check and NICS has issued a "proceed" response to the licensee,
19 or (b) ten business days have elapsed since the date the licensee
20 contacted NICS to initiate a national instate criminal background check
21 and NICS has not notified the licensee that the transfer of the firearm
22 to such person should be denied. In addition, before delivering a
23 firearm to a peace officer, the licensee shall verify that person's
24 status as a peace officer with the division of state police. After
25 completing the foregoing, the licensee shall remove and retain the
26 attached coupon and enter in the record book the date of such license,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13653-04-6