Amd §§400.00 & 400.20, Pen L; amd §§897 & 898, Gen Bus L
Establishes a ten business day waiting period from contact of the New York State National Instant Background Check System (NYS NICS) before a firearm, shotgun or rifle may be delivered to a person.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4261A
SPONSOR: Paulin TITLE OF BILL:
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
PURPOSE:
To establish a waiting period before a licensed gun dealer may deliver a
firearm, shotgun or rifle to a purchaser
SUMMARY OF PROVISIONS:
Section one amends subdivision 12 of section 400.00 of the penal law to
provide that before delivering a firearm to any person, the licensed gun
dealer shall in addition to requiring such person to produce either a
license valid under this section to carry or possess the same, or proof
of lawful authority as an exempt person pursuant to section 265.20, ten
business days have elapsed since the date the licensee contacted the
National Instant Criminal Background Check System (NICS) to initiate a
national instant criminal background check.
Section two amends the penal law by adding a new section 400.20 to
provide that when a national instant criminal background check is
required pursuant to state or federal law to be conducted through NICS
in connection with the sale or transfer of a rifle or shotgun to any
person, before delivering a rifle or shotgun to such person, ten busi-
ness days shall have elapsed since the date the seller or transferor
contacted NICS to initiate a national instant criminal background check.
Section three amends subdivision 1 of section 897 of the general busi-
ness law, as added by chapter 189 of the laws of 2000, to provide that
before delivering a firearm, rifle or shotgun to any person, ten busi-
ness days shall have elapsed since the date the seller or transferor
contacted NICS to initiate a national instant criminal background check.
Section four amends subdivisions 1 and 2 of section 898 of the general
business law, as added by chapter 1 of the laws of 2013, to provide that
when a sale, exchange or disposal is conducted pursuant to a person's
federal firearms license, before delivering a firearm, rifle or shotgun
to any person, ten business days shall have elapsed since the date the
federal firearms licensee contacted NICS to initiate a national instant
criminal background check. In addition, the section provides that before
a dealer who consents to conduct a national instant criminal background
check delivers a firearm, rifle or shotgun to any person, ten business
days shall have elapsed since the date the dealer contacted NICS to
initiate a national instant criminal background check.
Section five provides the effective date.
JUSTIFICATION:
According to the Centers for Disease Control, suicide rates have
increased by more than 30% in half of states since 1999. In New York,
there has been a 28.8% increase.* In fact, suicides constitute two-
thirds of all gun deaths in the U.S., with more than 21,000 suicides by
firearm per year. Guns are an extremely common means of suicide; half of
all suicides in the U.S. are carried out with a firearm.***
Federal law requires licensed gun dealers to obtain a NICS background
check before selling a firearm and the NICS response to deny or proceed
with the sale must be reported to the gun dealer within three business
days. New York only requires an additional waiting period before a
person can take possession of a gun if the NICS response is delayed,
without a definitive denial or approval.
This bill would impose a mandatory ten-day waiting period for all
purchases before an individual can take possession of a firearm, creat-
ing a "cooling off period" to prevent impulsive actions, including
suicide. The Giffords Law Center notes that a variety of studies confirm
that most suicide survivors considered their actions for only a short
period of time-often less than 24 hours-before making a suicide
attempt.***
At least ten states currently impose some type of mandatory waiting
period for firearms purchases. California, the District of Columbia,
Hawaii, Illinois, and Rhode Island impose mandatory waiting periods for
purchases of all firearms. Minnesota imposes a mandatory waiting period
for the sale of handguns and assault weapons. Florida, Maryland, Iowa,
and New Jersey impose mandatory waiting periods for purchases of hand-
guns only. States with waiting period laws for gun purchases have lower
rates of suicide. Research published in the American Journal of Public
Health showed that states with waiting period laws had 51% fewer firearm
suicides and a 27% lower overall, suicide rate than states without such
laws.**** In addition to preventing suicides, a mandatory ten-day wait-
ing period would prevent other impulsive acts of gun violence.
LEGISLATIVE HISTORY:
2021 and 2022: A.449a, referred to Codes.
2019 and 2020: A890, referred to Codes
2018: A.11287, referred to Codes
FISCAL IMPLICATIONS:
None to the State.,
STATE OF NEW YORK
________________________________________________________________________
4261--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. PAULIN, DINOWITZ, DICKENS, SEAWRIGHT, L. ROSEN-
THAL, ZINERMAN -- read once and referred to the Committee on Codes --
recommitted to the Committee on Codes in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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 207 of the laws of 2022, is amended to read as
3 follows:
4 12. Records required of gunsmiths and dealers in firearms. In addition
5 to the requirements set forth in article thirty-nine-BB of the general
6 business law, any person licensed as gunsmith or dealer in firearms
7 shall keep a record book approved as to form, except in the city of New
8 York, by the superintendent of state police. In the record book shall be
9 entered at the time of every transaction involving a firearm the date,
10 name, age, occupation and residence of any person from whom a firearm is
11 received or to whom a firearm is delivered, and the calibre, make,
12 model, manufacturer's name and serial number, or if none, any other
13 distinguishing number or identification mark on such firearm. Before
14 delivering a firearm to any person, the licensee shall require him to
15 produce either a license valid under this section to carry or possess
16 the same, or proof of lawful authority as an exempt person pursuant to
17 section 265.20 of this chapter and [either] (a) [the National Instant
18 Criminal Background Check System (NICS) or its successor has issued a
19 "proceed" response to the licensee, or (b) thirty calendar] ten business
20 days have elapsed since the date the licensee contacted [NICS] the New
21 York State National Instant Background Check System ("NYS NICS") or its
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08360-03-4
A. 4261--A 2
1 successor to initiate a national instant criminal background check and
2 (b) NYS NICS has [not notified] issued a "proceed" response to the
3 licensee [that]. If, after thirty calendar days, NYS NICS has not issued
4 a response to the licensee for the person requesting transfer of the
5 firearm, the licensee may transfer the firearm to such person [should be
6 denied] at the licensee's discretion. In addition, before delivering a
7 firearm to a peace officer, the licensee shall verify that person's
8 status as a peace officer with the division of state police. After
9 completing the foregoing, the licensee shall remove and retain the
10 attached coupon and enter in the record book the date of such license,
11 number, if any, and name of the licensing officer, in the case of the
12 holder of a license to carry or possess, or the shield or other number,
13 if any, assignment and department, unit or agency, in the case of an
14 exempt person. The original transaction report shall be forwarded to the
15 division of state police within ten days of delivering a firearm to any
16 person, and a duplicate copy shall be kept by the licensee. The super-
17 intendent of state police may designate that such record shall be
18 completed and transmitted in electronic form. A dealer may be granted a
19 waiver from transmitting such records in electronic form if the super-
20 intendent determines that such dealer is incapable of such transmission
21 due to technological limitations that are not reasonably within the
22 control of the dealer, or other exceptional circumstances demonstrated
23 by the dealer, pursuant to a process established in regulation, and at
24 the discretion of the superintendent. Records assembled or collected
25 for purposes of inclusion in the database created pursuant to section
26 400.02 of this article shall not be subject to disclosure pursuant to
27 article six of the public officers law. The record book shall be main-
28 tained on the premises mentioned and described in the license and shall
29 be open at all reasonable hours for inspection by any peace officer,
30 acting pursuant to his special duties, or police officer. In the event
31 of cancellation or revocation of the license for gunsmith or dealer in
32 firearms, or discontinuance of business by a licensee, such record book
33 shall be immediately surrendered to the licensing officer in the city of
34 New York, and in the counties of Nassau and Suffolk, and elsewhere in
35 the state to the executive department, division of state police.
36 § 2. Section 400.20 of the penal law, as added by chapter 129 of the
37 laws of 2019, is amended to read as follows:
38 § 400.20 Waiting period in connection with the sale or transfer of a
39 rifle or shotgun.
40 When a national instant criminal background check is required pursuant
41 to state or federal law to be conducted through the New York State
42 National Instant [Criminal] Background Check System [(NICS)] (NYS NICS)
43 or its successor in connection with the sale or transfer of a rifle or
44 shotgun to any person, before delivering a rifle or shotgun to such
45 person, [either] (a) [NICS has issued a "proceed" response to the seller
46 or transferor, or (b) thirty calendar] ten business days shall have
47 elapsed since the date the seller or transferor contacted [NICS] NYS
48 NICS to initiate a national instant criminal background check and (b)
49 NYS NICS has [not notified] issued a "proceed" response to the seller or
50 transferor [that]. If, after thirty calendar days, NYS NICS has not
51 issued a response to the seller or transferor for the person requesting
52 transfer of the rifle or shotgun, the seller or transferor may transfer
53 the rifle or shotgun to such person [should be denied] at the seller or
54 transferor's discretion.
A. 4261--A 3
1 § 3. Subdivision 1 of section 897 of the general business law, as
2 amended by chapter 129 of the laws of 2019, is amended to read as
3 follows:
4 1. A national instant criminal background check shall be conducted and
5 no person shall sell or transfer a firearm, rifle or shotgun at a gun
6 show, except in accordance with the provisions of 18 U.S.C. 922(t),
7 provided that before delivering a firearm, rifle or shotgun to any
8 person, [either] (a) [the National Instant Criminal Background Check
9 System (NICS) or its successor has issued a "proceed" response to the
10 seller or transferor, or (b) thirty calendar] ten business days shall
11 have elapsed since the date the seller or transferor contacted [NICS]
12 the New York State National Instant Background Check System ("NYS NICS")
13 or its successor to initiate a national instant criminal background
14 check and NYS NICS has [not notified] issued a "proceed" response to the
15 seller or transferor [that]. If, after thirty calendar days, NYS NICS
16 has not issued a response to the seller or transferor for the person
17 requesting transfer of the firearm, rifle or shotgun, the seller or
18 transferor may transfer the firearm, rifle or shotgun to such person
19 [should be denied] at the seller or transferor's discretion.
20 § 4. Subdivisions 1 and 2 of section 898 of the general business law,
21 subdivision 1 as amended by chapter 129 of the laws of 2019 and subdivi-
22 sion 2 as amended by chapter 371 of the laws of 2022, are amended to
23 read as follows:
24 1. In addition to any other requirements pursuant to state and federal
25 law, all sales, exchanges or disposals of firearms, rifles or shotguns
26 shall be conducted in accordance with this section unless such sale,
27 exchange or disposal is conducted by a licensed importer, licensed
28 manufacturer or licensed dealer, as those terms are defined in 18 USC §
29 922, when such sale, exchange or disposal is conducted pursuant to that
30 person's federal firearms license or such sale, exchange or disposal is
31 between members of an immediate family. When a sale, exchange or
32 disposal is conducted pursuant to a person's federal firearms license,
33 before delivering a firearm, rifle or shotgun to any person, [either]
34 (a) [the National Instant Criminal Background Check System (NICS) or its
35 successor has issued a "proceed" response to the federal firearms licen-
36 see, or (b) thirty calendar] ten business days shall have elapsed since
37 the date the federal firearms licensee contacted [NICS] the New York
38 State National Instant Background Check System ("NYS NICS") or its
39 successor to initiate a national instant criminal background check and
40 (b) NYS NICS has [not notified] issued a "proceed" response to the
41 federal firearms licensee [that]. If, after thirty calendar days, NYS
42 NICS has not issued a response to the federal firearms licensee for the
43 person requesting transfer of the firearm, rifle or shotgun , the feder-
44 al firearm licensee may transfer the firearm, rifle or shotgun to such
45 person [should be denied] at the federal firearm licensee's discretion.
46 For purposes of this section, "immediate family" shall mean spouses,
47 domestic partners, children and step-children.
48 2. Before any sale, exchange or disposal pursuant to this article, a
49 national instant criminal background check must be completed by a dealer
50 who shall submit a request to the division of state police pursuant to
51 section two hundred twenty-eight of the executive law to conduct such
52 check. Before a dealer who has submitted a request to the division of
53 state police to conduct a national instant criminal background check
54 delivers a firearm, rifle or shotgun to any person, [either] (a) [NICS
55 shall have issued a "proceed" response, or (b) thirty calendar] ten
56 business days shall have elapsed since the date the dealer submitted a
A. 4261--A 4
1 request to the division of state police to contact the [NICS] NYS NICS
2 or its successor to initiate a national instant criminal background
3 check and (b) NYS NICS has [not notified] issued a "proceed" response to
4 the [division of state police that] dealer. If, after thirty calendar
5 days, NYS NICS has not issued a response to the dealer for the person
6 requesting transfer of the firearm, rifle or shotgun, the dealer may
7 transfer the firearm, rifle or shotgun to such person [should be denied]
8 at the dealer's discretion.
9 § 5. This act shall take effect on the sixtieth day after it shall
10 have become a law.
