Establishes a 10 day waiting period for the purchase of any firearm; violations of such provisions shall constitute a class A misdemeanor.
TITLE OF BILL: An act to amend the general business law, in relation to establishing a waiting period for the purchase of a firearm
PURPOSE: The purpose of this legislation is to impose a 10-day waiting period prior to the sale of any firearm as a means to improve public safety by giving law enforcement officials sufficient time to conduct a background check on prospective purchasers, and by eliminating opportunities for impulsive acts of violence.
SUMMARY OF PROVISIONS: Section 1 of the bill adds a new Article 38-B to the General Business Law in relation to establishing a waiting period for the purchase of a firearm.
* section 825 defines certain terms.
* Section 826 provides that no dealer in firearms shall deliver any firearm, and no such person shall take possession of any firearm from a dealer in firearms unless: (a) ten days have elapsed from the date such seller initiated the national instant background check of the purchaser; and (b) such dealer received notice that the purchaser has passed all background checks required by federal, state and local law.
* Section 827 provides exemptions to the article.
* Section 828 provides that a violation of the article shall be a class A misdemeanor.
Section 2 provides the effective date.
JUSTIFICATION: Laws imposing a waiting period prior to the sale of a firearm give law enforcement officials adequate time to perform a thorough background check on the prospective purchaser, and provide a 'cooling off' period to help guard against impulsive acts of violence.
There is no federal waiting period. Under federal law, a dealer may transfer a firearm to a prospective purchaser as soon as he or she passes a background check. If the Federal Bureau of Investigation (FBI) is unable to complete a background check within three business days, the dealer may complete the transfer by default.
In 2007, the FBI was unable to complete a background check within three business days fox over 134,000 firearm transactions, and such agency determined that at least 355 ineligible persons had been sold firearms by default within that year. FBI investigations of prohibited purchasers who were allowed to buy firearms by default typically take 25 days to complete. As a result, the FBI has recommended extending the maximum time allowed for conducting background checks to allow more time to complete such checks and to reduce the number of prohibited purchasers who are able to purchase firearms by default.
The American public overwhelming supports laws imposing a waiting period prior to the sale of a firearm. A nationwide poll conducted in June, 2008 found that 86% of Americans favor such laws.
The purpose of this legislation is to impose a-10-day waiting period prior to the sale of any firearm as a means to improve public safety by giving law enforcement officials sufficient time to conduct a background check on prospective purchasers, and by eliminating opportunities for impulsive acts of violence.
LEGISLATIVE HISTORY: 2012: Senate Bill 7835 (Gianaris) - Died in Senate Rules Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The first of January next succeeding the date on which it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 571 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, HASSELL- THOMPSON, KRUEGER, MONTGOMERY, PERKINS, RIVERA, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to establishing a waiting period for the purchase of a firearm THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new article 38-B to read as follows: ARTICLE 38-B WAITING PERIOD FOR PURCHASE OF FIREARMS SECTION 825. DEFINITIONS. 826. WAITING PERIOD. 827. EXEMPTIONS. 828. PENALTY. S 825. DEFINITIONS. AS USED IN THIS SECTION: 1. "DEALER IN FIREARMS" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION NINE OF SECTION 265.00 OF THE PENAL LAW. 2. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI- SION THREE OF SECTION 265.00 OF THE PENAL LAW. S 826. WAITING PERIOD. NO DEALER IN FIREARMS SHALL DELIVER ANY FIREARM, AND NO PERSON SHALL TAKE POSSESSION OF ANY FIREARM FROM A DEAL- ER IN FIREARMS UNLESS: 1. TEN DAYS HAVE ELAPSED FROM THE DATE SUCH DEALER INITIATED THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER AS REQUIRED BY 18 U.S.C. S 922(T), AFTER RECEIVING A COMPLETED FEDERAL FIREARMS TRANSACTION RECORD, FORM 4473, FROM THE PURCHASER; ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01834-01-3 S. 571 2
2. SUCH DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS PASSED ALL BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW. S 827. EXEMPTIONS. SECTION EIGHT HUNDRED TWENTY-SIX OF THIS ARTICLE SHALL NOT APPLY TO: 1. ANY LAW ENFORCEMENT OR CORRECTIONAL AGENCY, OR POLICE OFFICER OR CORRECTIONS OFFICER ACTING WITHIN THE COURSE OR SCOPE OF HIS OR HER EMPLOYMENT; 2. ANY FEDERAL OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS OR CARRY A FIREARM IN THE COURSE OF HIS OR HER DUTIES, AND ANY MEMBER OF THE ARMED FORCES OF THE UNITED STATES OR THE NATIONAL GUARD; 3. ANY MANUFACTURER, DISTRIBUTOR OR DEALER OF FIREARMS WHEN TRANS- FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER; 4. ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL LAW, RECEIVING A FIREARM FOR SERVICE OR REPAIR; AND 5. ANY COMMON CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS. S 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.