Requires the police authority in the locality where an application is made for a license to carry, possess, repair and dispose of firearms to conduct a search of the National Instant Criminal Background Check System (NICS).
TITLE OF BILL: An act to amend the penal law, in relation to licenses to carry, possess, repair and dispose of firearms
PURPOSE OF THE BILL: This legislation will conform New York State law to current ATF requirements regarding background checks for firearms transfers.
SUMMARY OF SPECIFIC PROVISIONS: § 1- Amends subdivision 4 of § 400.00 of the Penal Law.
§ 2- Effective date.
JUSTIFICATION: In 1998, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sent an Open Letter to all New York State Federal Firearms Licensees (FFLS) advising them that New York State licenses to carry and possess handguns would qualify as an alternative to the National Instant Criminal Background Check System (NICS) background check required under the Brady Law. In 2004, the ATF began reviewing the background check requirements of all States that had permits that qualified as alternatives to NICS and has since deemed that New York licenses to carry and possess handguns no longer qualify as a NICS check alternative.
This legislation will require that along with all other requirements stipulated under law, including other state and federal background checks, that a NICS background check also be performed on an individual wishing to obtain a handgun license.
PRIOR LEGISLATIVE HISTORY: 2007-2008: A.6378. Similar to the intent of A.3195/S.282 of 2005-2006.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1863--A 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to licenses to carry, possess, repair and dispose of firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 400.00 of the penal law, as amended by chapter 331 of the laws of 2005, is amended to read as follows: 4. Investigation. Before a license is issued or renewed, there shall be an investigation of all statements required in the application by the duly constituted police authorities of the locality where such applica- tion is made. For that purpose, the records of the appropriate office of the department of mental hygiene concerning previous or present mental illness of the applicant shall be available for inspection by the inves- tigating officer of the police authority. THE POLICE AUTHORITY IN THE LOCALITY WHERE THE APPLICATION IS MADE SHALL CONDUCT A SEARCH OF THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS). In order to ascertain any previous criminal record, the investigating officer shall take the fingerprints and physical descriptive data in quadruplicate of each individual by whom the application is signed and verified. Two copies of such fingerprints shall be taken on standard fingerprint cards eight inches square, and one copy may be taken on a card supplied for that purpose by the federal bureau of investigation; provided, however, that in the case of a corporate applicant that has already been issued a dealer in firearms license and seeks to operate a firearm dealership at a second or subsequent location, the original fingerprints on file may be used to ascertain any criminal record in the second or subsequentEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06350-02-2 S. 1863--A 2
application unless any of the corporate officers have changed since the prior application, in which case the new corporate officer shall comply with procedures governing an initial application for such license. When completed, one standard card shall be forwarded to and retained by the division of criminal justice services in the executive department, at Albany. A search of the files of such division and written notification of the results of the search to the investigating officer shall be made without unnecessary delay. Thereafter, such division shall notify the licensing officer and the executive department, division of state police, Albany, of any criminal record of the applicant filed therein subsequent to the search of its files. A second standard card, or the one supplied by the federal bureau of investigation, as the case may be, shall be forwarded to that bureau at Washington with a request that the files of the bureau be searched and notification of the results of the search be made to the investigating police authority. The failure or refusal of the federal bureau of investigation to make the fingerprint check provided for in this section shall not constitute the sole basis for refusal to issue a permit pursuant to the provisions of this section. Of the remaining two fingerprint cards, one shall be filed with the executive department, division of state police, Albany, within ten days after issuance of the license, and the other remain on file with the investigating police authority. No such fingerprints may be inspected by any person other than a peace officer, who is acting pursu- ant to his special duties, or a police officer, except on order of a judge or justice of a court of record either upon notice to the licensee or without notice, as the judge or justice may deem appropriate. Upon completion of the investigation, the police authority shall report the results to the licensing officer without unnecessary delay. S 2. This act shall take effect on the ninetieth day after it shall have become a law.