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