STATE OF NEW YORK
        ________________________________________________________________________

                                          8780

                    IN SENATE

                                     April 14, 2022
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the general business law and the penal law, in  relation
          to  preventing  the unlawful sale of firearms, rifles, and shotguns to
          individuals with a criminal record

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by finds and declares as follows:
     3    1.  Guns--including  firearms,  rifles  and shotguns--are used to kill
     4  almost 40,000 individuals in the United States every year, including 800
     5  individuals in New York state alone.  Additionally,  there  are  115,000
     6  non-fatal injuries across the country.  Gun violence also costs billions
     7  of  dollars  and   causes   incalculable emotional  damage,  devastating
     8  families and communities throughout the country. In spite of the efforts
     9  of many individual federal officials, the federal  government  has  been
    10  unwilling  to enact legislation to address this public health crisis and
    11  has left it up to state and local governments to do so. The state of New
    12  York has a strong interest in reducing violence and crimes that  involve
    13  the  use  of  guns  and  the  illegal  trafficking of guns. Illegal guns
    14  obtained throughout the state end up in the hands of individuals who are
    15  prohibited from possessing them because of their criminal record,  their
    16  youth, their particular mental health, or a protective order. Such ille-
    17  gal guns are often used to threaten, maim and kill New Yorkers.
    18    2.  There  is a thriving underground market for illegal guns, which is
    19  leading to shootings that  are  disproportionately  impacting  under-re-
    20  sourced  Black  and brown communities. A highly efficient and continuous
    21  business practice exists in which guns are moved from legal  manufacture
    22  and  sale to prohibited purchasers, making them illegal guns.  According
    23  to a recent report of the New York state attorney general, 52,915  crime
    24  guns  were  recovered  by  law enforcement in New York between 2010-2015
    25  (Target on Trafficking, New York Crime Gun Analysis, October 2016, here-
    26  inafter the "2016 AG Report"). Of these crime guns, 13,188 or  25%  were
    27  long  guns.  Outside New York City, long guns are sold without a permit.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01985-08-2

        S. 8780                             2

     1  The 2016 AG Report further found that 90% of the  crime  guns  recovered
     2  were  recovered  in  seven  distinct  markets:  New York City, the lower
     3  Hudson Valley (including the cities of Yonkers, White  Plains,  Newburgh
     4  and  Poughkeepsie), the Capital Region (including Albany, Troy and Sche-
     5  nectady), Syracuse, Rochester and Buffalo. Although  74%  of  the  crime
     6  guns  recovered  statewide were from out of state, a significant portion
     7  of guns involved in crimes upstate originate within the state. For exam-
     8  ple, according to the 2016 AG Report, 41% of crime guns in  the  Buffalo
     9  area  and  56% of crime guns in the Rochester area originated within New
    10  York state.
    11    3. Youth are particularly at risk of being killed with guns.   Accord-
    12  ing to the Centers for Disease Control and Prevention, in 2019 alone, 40
    13  children  and  teens (under the age of 19) died from gun violence in New
    14  York state.
    15    4. A substantial portion of illegal guns are diverted to  the  illegal
    16  market  through  licensed gun dealers. Rogue gun dealers play a key role
    17  in this market. These rogue dealers funnel guns to  the  illegal  market
    18  through  a variety of channels. One of the most common means is to allow
    19  "straw purchases". A straw purchase occurs when a person purchases a gun
    20  on behalf of a prohibited person.   In  2000,  the  Bureau  of  Alcohol,
    21  Tobacco,  Firearms,  and  Explosives (ATF) conducted an investigation of
    22  gun trafficking from July 1996 to December 1998 and  found  that  almost
    23  26,000  trafficked  guns  were  associated  with investigations in which
    24  there was a straw purchaser. Almost  50%  of  all  trafficking  investi-
    25  gations involved straw purchasers, with an average of 37 guns trafficked
    26  per  investigation.  Another issue, according to a 2008 report by Mayors
    27  Against Illegal Guns, Inside Straw Purchasing: How  Criminals  Get  Guns
    28  Illegally,  is  that many traffickers return to the same store again and
    29  again once they have identified it as one in which they can  make  straw
    30  purchases  easily.    According  to  the  ATF, 1% of gun dealers are the
    31  source of almost 60% of crime guns.  Although ATF has not since released
    32  an updated report on straw purchases, a 2019 University of Chicago study
    33  found that of those incarcerated for a gun-related crime,  58%  acquired
    34  their gun from a friend or acquaintance.
    35    5.    Although  most  gun dealers operate their businesses legally and
    36  responsibly, some gun dealers who are corrupt or maintain shoddy record-
    37  keeping practices flood the streets with illegal guns  as  a  result  of
    38  their  unrestricted access to new gun inventory and the unwillingness of
    39  gun manufacturers to terminate their  supply  to  these  rogue  dealers.
    40  Current  federal  and state regulation has not curbed the business prac-
    41  tice of illegal gun dealers. According to a 2004 study by Americans  for
    42  Gun  Safety,  of  the 120 worst gun dealers in the country, namely those
    43  dealers with an average of 500 crime guns traced to them, 96 were  still
    44  in operation.
    45    6.  Moreover,  this  problem is not limited to unlicensed sellers, and
    46  clearly includes federal firearms  licensees  (FFLs).  Indeed,  although
    47  FFLs were involved in under 10% of the trafficking investigations under-
    48  taken by ATF, they were associated with 40,000 diverted guns nearly half
    49  of  the  total  number of trafficked guns documented during the two-year
    50  period of the ATF's investigation.    Additionally,  a  2010  report  by
    51  Mayors  Against  Illegal  Guns  indicated that several states that allow
    52  state authorities to supplement the federal ATF inspection with  routine
    53  inspections  provide  law enforcement with more opportunities to uncover
    54  dealers in violation of the law.  These inspections also  help  identify
    55  dealers  who exercise lax oversight over their inventory and may lead to
    56  improved compliance with federal, state, and local laws.

        S. 8780                             3

     1    7. Current state law governing gun dealers is  inadequate  to  prevent
     2  the   diversion   of  guns  to  the  illegal  marketplace.    Additional
     3  protections that are needed include better gun dealer  internal  compli-
     4  ance procedures, programs to eliminate straw purchases, improved securi-
     5  ty measures, reduced youth access, and mandatory training for gun dealer
     6  employees.  The additional protections set forth in this act will great-
     7  ly  enhance the state's efforts to stop gun violence and criminal activ-
     8  ity in New York.
     9    § 2. The general business law is amended by adding a new article 39-BB
    10  to read as follows:
    11                                ARTICLE 39-BB
    12                  PREVENTING THE UNLAWFUL SALE OF FIREARMS,
    13         RIFLES, AND SHOTGUNS TO INDIVIDUALS WITH A CRIMINAL RECORD
    14  Section 875-a. Definitions.
    15          875-b. Reasonable measures to prevent unlawful sales and  trans-
    16                   fers  to individuals who are prohibited from purchasing
    17                   or possessing firearms, rifles, and shotguns.
    18          875-c. Security.
    19          875-d. Access to firearms, rifles, and shotguns.
    20          875-e. Location of firearm, rifle, and shotgun sales.
    21          875-f. Employee training.
    22          875-g. Maintenance of records.
    23          875-h. Internal compliance and certification.
    24          875-i. Rules and regulations.
    25          875-j. Violations.
    26    § 875-a. Definitions. For the purposes of this article:
    27    1. "Dealer" means a gunsmith or dealers in firearms licensed  pursuant
    28  to section 400.00 of the penal law.
    29    2.  "Dispose  of"  means  to dispose of, give, give away, lease, lend,
    30  keep for sale, offer, offer  for  sale,  sell,  transfer,  or  otherwise
    31  dispose of.
    32    3.  "Firearm" has the same meaning as that term is defined in subdivi-
    33  sion three of section 265.00 of the penal law.
    34    4. "Firearm exhibitor" means any  person,  firm,  partnership,  corpo-
    35  ration,  or company that exhibits, sells, offers for sale, transfers, or
    36  exchanges firearms, rifles, or shotguns at a gun show.
    37    5. "Rifle" has the same meaning as that term is defined in subdivision
    38  eleven of section 265.00 of the penal law.
    39    6. "Shotgun" has the same meaning as that term is defined in  subdivi-
    40  sion twelve of section 265.00 of the penal law.
    41    7.  "Straw  purchase" means the purchase, or attempt to purchase, by a
    42  person of a firearm, rifle, shotgun or ammunition for, on behalf of,  or
    43  for  the  use  of  another  person  known or unknown. The term shall not
    44  include a bona fide gift to a person who is not prohibited from possess-
    45  ing or receiving such a firearm. For purposes of the preceding sentence,
    46  a gift to a person is not a bona fide gift if the person has offered  or
    47  given  the  purchaser a service or thing of value to acquire the firearm
    48  for the person.
    49    8. "Straw purchaser" means a  person  who  purchases  or  attempts  to
    50  purchase  a  firearm, rifle, shotgun or ammunition for, on behalf of, or
    51  for the use of such other person known or unknown, other than as a  bona
    52  fide gift.
    53    9. "Superintendent" means the superintendent of state police.
    54    §  875-b.  Reasonable measures to prevent unlawful sales and transfers
    55  to  individuals  who  are  prohibited  from  purchasing  or   possessing
    56  firearms,  rifles,  and  shotguns.  Every  dealer shall adopt reasonable

        S. 8780                             4

     1  measures to prevent firearms, rifles, and shotguns from  being  diverted
     2  from the legal stream of commerce, intentionally or otherwise, for later
     3  sale,  transfer,  or  disposal  to  individuals  not legally entitled to
     4  purchase  or possess such weapons. Such measures shall include, but need
     5  not be limited to, programs to eliminate sales to straw  purchasers  and
     6  to  otherwise  thwart  illegal gun trafficking. The superintendent shall
     7  develop programs designed to eliminate sales to straw purchasers and  to
     8  otherwise  thwart  illegal  gun  trafficking.  Within  six months of the
     9  effective date of this article, the superintendent shall submit a report
    10  to the legislature detailing such programs, including establishing mini-
    11  mum requirements for such programs.
    12    § 875-c. Security. 1.  Every dealer shall implement  a  security  plan
    13  for  securing  firearms, rifles and shotguns, including firearms, rifles
    14  and shotguns in shipment. The plan must satisfy at least  the  following
    15  requirements:
    16    (a)  display cases shall be locked at all times except when removing a
    17  single firearm, rifle or shotgun to show a customer, and customers shall
    18  handle firearms, rifles or shotguns only under the direct supervision of
    19  an employee;
    20    (b) all firearms, rifles and shotguns shall  be  secured,  other  than
    21  during  business  hours,  in  a  locked  fireproof  safe or vault in the
    22  licensee's business premises or in a similar secured  and  locked  area;
    23  and
    24    (c)  ammunition  shall  be stored separately from firearms, rifles and
    25  shotguns and out of reach of customers.
    26    2. (a) The permitted business location shall be secured  by  an  alarm
    27  system  that  is  installed  and maintained by an alarm company operator
    28  properly licensed pursuant to state law. The alarm system must be  moni-
    29  tored  by  a  central station listed by Underwriters Laboratories, Inc.,
    30  and covered by an active Underwriters Laboratories,  Inc.  alarm  system
    31  certificate  with  a  #3  extent of protection.   The permitted business
    32  shall be equipped with a video recording device at each  point  of  sale
    33  and  entrance  and  exits  to the premises, which shall be recorded from
    34  both the indoor and  outdoor  vantage  point  and  shall  maintain  such
    35  recordings for a period of not less than two years.
    36    (b)   Underwriters   Laboratories,  Inc.  uses  the  term  "extent  of
    37  protection" to refer to the amount  of  alarm  protection  installed  to
    38  protect  a  particular area, room or container. Systems with a #3 extent
    39  of protection include complete protection for all  accessible  openings,
    40  and  partial  motion  and  sound detection at certain other areas of the
    41  premises. More information may be found in: Central Station Alarm  Asso-
    42  ciation, A Practical Guide to Central Station Burglar Alarm Systems (3rd
    43  ed. 2005).
    44    § 875-d. Access to firearms, rifles, and shotguns. Every retail dealer
    45  shall  exclude  all  persons  under  eighteen  years  of  age from those
    46  portions of its premises where firearms, rifles, shotguns, or ammunition
    47  are stocked or sold, unless such person is accompanied by  a  parent  or
    48  guardian.
    49    §  875-e.  Location of firearm, rifle, and shotgun sales. Every dealer
    50  shall sell or otherwise dispose of firearms, rifles, and  shotguns  only
    51  at  the  location  listed on the dealer's federal firearms license or at
    52  gun shows.
    53    § 875-f. Employee training. 1.   Every dealer shall  annually  provide
    54  the  training outlined by the superintendent pursuant to subdivision two
    55  of this section to all new and current  employees  and  other  personnel
    56  engaged  in  the retail sale of firearms, rifles, and shotguns.  Dealers

        S. 8780                             5

     1  shall keep a record of the completion of  this  training  which  may  be
     2  requested as part of the certification process outlined in paragraph (b)
     3  of subdivision one of section eight hundred seventy-five-h of this arti-
     4  cle.
     5    2.  The  superintendent  shall  develop  and  make  available  to each
     6  licensed dealer, a training course in the conduct of firearm, rifle, and
     7  shotgun transfers including at a minimum the following:
     8    (a) Federal and state  laws  governing  firearm,  rifle,  and  shotgun
     9  transfers.
    10    (b)  How  to recognize, identify, respond, and report straw purchases,
    11  illegal purchases, and fraudulent activity.
    12    (c) How to recognize, identify, respond, and report an individual  who
    13  intends  to  use  a  firearm,  rifle,  or shotgun for unlawful purposes,
    14  including self-harm.
    15    (d) How to prevent, respond, and report theft or burglary of firearms,
    16  rifles, shotguns, and ammunition.
    17    (e) How to educate customers on rules of gun safety, including but not
    18  limited to the safe handling and storage of firearms, rifles, and  shot-
    19  guns.
    20    (f) Such other topics the superintendent deems necessary and appropri-
    21  ate.
    22    3.  No employee or agent of any retail dealer shall participate in the
    23  sale or disposition of firearms, rifles, or shotguns unless such  person
    24  is  at least twenty-one years of age and has first received the training
    25  required by this section.  The  superintendent  shall  promulgate  regu-
    26  lations  setting  forth  minimum  requirements  for  the  maintenance of
    27  records of such training.
    28    § 875-g.  Maintenance of records. Every  dealer  shall  establish  and
    29  maintain a book, or if the dealer should choose, electronic-based record
    30  of  such  purchase,  sale,  inventory, and other records at the dealer's
    31  place of business in such form and for such period as the superintendent
    32  shall require, and shall submit a copy of such records to the  New  York
    33  state  police  every  April and October. Such records shall at a minimum
    34  include the following:
    35    1. the make, model, caliber or gauge, manufacturer's name, and  serial
    36  number  of  all rifles and shotguns that are acquired or disposed of not
    37  later than one business day  after  their  acquisition  or  disposition.
    38  Monthly backups of these records kept in a book shall be maintained in a
    39  secure container designed to prevent loss by fire, theft, or other mish-
    40  ap.    If  the  dealer  chooses  to  maintain an electronic-based record
    41  system, those records must be backed up on an external  server  or  over
    42  the internet at the close of each business day;
    43    2.  all  rifles  and shotguns acquired but not yet disposed of must be
    44  accounted for through an inventory check prepared once  each  month  and
    45  maintained in a secure location;
    46    3.  rifle  and  shotgun  disposition information, including the serial
    47  numbers of rifles and shotguns sold, dates  of  sale,  and  identity  of
    48  purchasers,  shall  be  maintained  and  made  available  at any time to
    49  government law enforcement agencies and to the manufacturer of the weap-
    50  on or its designee; and
    51    4. every dealer shall maintain records of criminal rifle  and  shotgun
    52  traces initiated by the federal bureau of alcohol, tobacco, firearms and
    53  explosives  ("ATF").  All  ATF  Form  4473  transaction records shall be
    54  retained on  the  dealer's  business  premises  in  a  secure  container
    55  designed to prevent loss by fire, theft, or other mishap.
    56    § 875-h. Internal compliance and certification. 1. Every dealer shall:

        S. 8780                             6

     1    (a)  implement  and maintain sufficient internal compliance procedures
     2  to ensure compliance with the  requirements  of  this  article  and  all
     3  applicable  federal, state, and local laws and regulations governing the
     4  sale, transfer, and disposal of firearms, rifles, and shotguns; and
     5    (b)  annually  certify  to  the  superintendent  that  such dealer has
     6  complied with all of the requirements of this article.  The  superinten-
     7  dent  shall  by regulation determine the form and content of such annual
     8  certification.
     9    2. The superintendent shall promulgate regulations establishing  peri-
    10  odic  inspections  of not less than one inspection of every dealer every
    11  three years, during regular and usual business hours, by the division of
    12  state police of the premises of every dealer to determine compliance  by
    13  such  dealer  with  the requirements of this article. Every dealer shall
    14  provide the division of state police with full access to  such  dealer's
    15  premises for such inspections.
    16    § 875-i. Rules and regulations. The superintendent may promulgate such
    17  additional rules and regulations as the superintendent shall deem neces-
    18  sary  to prevent firearms, rifles, and shotguns from being diverted from
    19  the legal stream of commerce.
    20    § 875-j. Violations. Any person, firm, or  corporation  who  knowingly
    21  violates  any  provision  of  this  article shall be guilty of a class A
    22  misdemeanor punishable as provided for in the penal law.
    23    § 3. Subdivision 1 of section 400.00 of the penal law, as  amended  by
    24  chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 60 of
    25  the laws of 2018, is amended to read as follows:
    26    1. Eligibility. No license shall be issued or renewed pursuant to this
    27  section  except  by  the licensing officer, and then only after investi-
    28  gation and finding that all statements in a  proper  application  for  a
    29  license  are  true.  No license shall be issued or renewed except for an
    30  applicant (a) twenty-one years of age or older, provided, however,  that
    31  where  such  applicant  has  been  honorably  discharged from the United
    32  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
    33  national  guard  of the state of New York, no such age restriction shall
    34  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
    35  anywhere  of  a felony or a serious offense or who is not the subject of
    36  an outstanding warrant of arrest issued upon the alleged commission of a
    37  felony or serious offense; (d) who is not a fugitive from  justice;  (e)
    38  who  is  not an unlawful user of or addicted to any controlled substance
    39  as defined in section 21 U.S.C. 802; (f) who being an alien (i)  is  not
    40  illegally or unlawfully in the United States or (ii) has not been admit-
    41  ted to the United States under a nonimmigrant visa subject to the excep-
    42  tion  in  18  U.S.C. 922(y)(2); (g) who has not been discharged from the
    43  Armed Forces under dishonorable conditions; (h) who, having been a citi-
    44  zen of the United States, has not renounced his or her citizenship;  (i)
    45  who  has  stated whether he or she has ever suffered any mental illness;
    46  (j) who has not been involuntarily committed to  a  facility  under  the
    47  jurisdiction  of  an office of the department of mental hygiene pursuant
    48  to article nine or fifteen of the  mental  hygiene  law,  article  seven
    49  hundred  thirty or section 330.20 of the criminal procedure law, section
    50  four hundred two or five hundred eight of the  correction  law,  section
    51  322.2 or 353.4 of the family court act, or has not been civilly confined
    52  in  a  secure  treatment  facility pursuant to article ten of the mental
    53  hygiene law; (k) who has not had a license revoked or who is not under a
    54  suspension or ineligibility order issued pursuant to the  provisions  of
    55  section  530.14  of  the criminal procedure law or section eight hundred
    56  forty-two-a of the family court act; (l) in the county  of  Westchester,

        S. 8780                             7

     1  who  has  successfully  completed  a  firearms safety course and test as
     2  evidenced by a certificate of completion issued in his or her  name  and
     3  endorsed  and  affirmed under the penalties of perjury by a duly author-
     4  ized  instructor,  except that: (i) persons who are honorably discharged
     5  from the United States army, navy, marine corps or coast  guard,  or  of
     6  the  national  guard  of  the state of New York, and produce evidence of
     7  official qualification in firearms during the term of  service  are  not
     8  required  to  have  completed  those  hours  of a firearms safety course
     9  pertaining to the safe use, carrying, possession, maintenance and  stor-
    10  age of a firearm; and (ii) persons who were licensed to possess a pistol
    11  or  revolver  prior  to  the  effective  date  of this paragraph are not
    12  required to have completed a firearms safety course and  test;  (m)  who
    13  has  not  had  a  guardian  appointed  for  him  or  her pursuant to any
    14  provision of state law, based on a determination that  as  a  result  of
    15  marked  subnormal intelligence, mental illness, incapacity, condition or
    16  disease, he or she lacks the mental capacity to contract or  manage  his
    17  or her own affairs; and (n) concerning whom no good cause exists for the
    18  denial  of  the  license.  No  person  shall  engage  in the business of
    19  gunsmith or dealer in firearms unless licensed pursuant to this section,
    20  and no person shall engage in the business of dealer in firearms  unless
    21  such  person  complies  with the provisions of article thirty-nine-BB of
    22  the general business law.  An applicant to engage in such business shall
    23  also be a citizen of the United States, more than  twenty-one  years  of
    24  age  and  maintain  a  place of business in the city or county where the
    25  license is issued. For such business, if the  applicant  is  a  firm  or
    26  partnership,  each  member thereof shall comply with all of the require-
    27  ments set forth in this subdivision and if the  applicant  is  a  corpo-
    28  ration, each officer thereof shall so comply.
    29    § 4. Subdivisions 11 and 12 of section 400.00 of the penal law, subdi-
    30  vision 11 as amended by chapter 1 of the laws of 2013 and subdivision 12
    31  as  amended  by  chapter 129 of the laws of 2019, are amended to read as
    32  follows:
    33    11. License: revocation and suspension. (a) The conviction of a licen-
    34  see anywhere of a felony or serious offense or a licensee  at  any  time
    35  becoming ineligible to obtain a license under this section shall operate
    36  as a revocation of the license. A license may be revoked or suspended as
    37  provided  for in section 530.14 of the criminal procedure law or section
    38  eight hundred forty-two-a of the family court act. Except for a  license
    39  issued  pursuant  to  section  400.01  of this article, a license may be
    40  revoked and cancelled at any time in the city of New York,  and  in  the
    41  counties  of Nassau and Suffolk, by the licensing officer, and elsewhere
    42  than in the city of New York by any judge  or  justice  of  a  court  of
    43  record;  a license issued pursuant to section 400.01 of this article may
    44  be revoked and cancelled at any time by the  licensing  officer  or  any
    45  judge  or justice of a court of record. A license to engage in the busi-
    46  ness of dealer may be revoked or suspended  for  any  violation  of  the
    47  provisions  of  article  thirty-nine-BB of the general business law. The
    48  official revoking a license shall give written  notice  thereof  without
    49  unnecessary delay to the executive department, division of state police,
    50  Albany,  and  shall  also notify immediately the duly constituted police
    51  authorities of the locality.
    52    (b) Whenever the director of community services or his or her designee
    53  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
    54  division  of  criminal  justice  services shall convey such information,
    55  whenever it determines that the person named in the report  possesses  a

        S. 8780                             8

     1  license  issued  pursuant  to this section, to the appropriate licensing
     2  official, who shall issue an order suspending or revoking such license.
     3    (c)  In  any  instance  in  which  a  person's license is suspended or
     4  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
     5  shall  surrender  such license to the appropriate licensing official and
     6  any and all firearms, rifles, or shotguns owned  or  possessed  by  such
     7  person  shall be surrendered to an appropriate law enforcement agency as
     8  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
     9  section  265.20  of  this  chapter.  In the event such license, firearm,
    10  shotgun, or rifle is not surrendered, such items shall  be  removed  and
    11  declared  a  nuisance  and  any  police  officer or peace officer acting
    12  pursuant to his or her special duties is authorized to  remove  any  and
    13  all such weapons.
    14    12.  Records  required  of gunsmiths and dealers in firearms. [Any] In
    15  addition to the requirements set forth in article thirty-nine-BB of  the
    16  general  business  law,  any  person  licensed  as gunsmith or dealer in
    17  firearms shall keep a record book approved as to  form,  except  in  the
    18  city  of  New York, by the superintendent of state police. In the record
    19  book shall be entered at the  time  of  every  transaction  involving  a
    20  firearm the date, name, age, occupation and residence of any person from
    21  whom  a  firearm  is received or to whom a firearm is delivered, and the
    22  calibre, make, model, manufacturer's name and serial number, or if none,
    23  any other distinguishing number or identification mark on such  firearm.
    24  Before  delivering  a  firearm to any person, the licensee shall require
    25  him to produce either a license valid under this  section  to  carry  or
    26  possess  the  same,  or  proof  of  lawful authority as an exempt person
    27  pursuant to section 265.20 of this chapter and either (a)  the  National
    28  Instant  Criminal  Background  Check  System (NICS) or its successor has
    29  issued a "proceed" response to the licensee, or (b) thirty calendar days
    30  have elapsed since the date the licensee contacted NICS  to  initiate  a
    31  national instant criminal background check and NICS has not notified the
    32  licensee  that  the  transfer  of  the  firearm to such person should be
    33  denied. In addition, before delivering a firearm to a peace officer, the
    34  licensee shall verify that person's status as a peace officer  with  the
    35  division  of  state police. After completing the foregoing, the licensee
    36  shall remove and retain the attached coupon and enter in the record book
    37  the date of such license, number, if any,  and  name  of  the  licensing
    38  officer,  in the case of the holder of a license to carry or possess, or
    39  the shield or other number, if any, assignment and department,  unit  or
    40  agency, in the case of an exempt person. The original transaction report
    41  shall  be  forwarded  to the division of state police within ten days of
    42  delivering a firearm to any person, and a duplicate copy shall  be  kept
    43  by  the  licensee. The superintendent of state police may designate that
    44  such record shall be completed and transmitted  in  electronic  form.  A
    45  dealer  may  be granted a waiver from transmitting such records in elec-
    46  tronic form if the superintendent determines that such dealer is incapa-
    47  ble of such transmission due to technological limitations that  are  not
    48  reasonably  within  the  control  of  the  dealer,  or other exceptional
    49  circumstances demonstrated by the dealer, pursuant to a  process  estab-
    50  lished  in  regulation,  and  at  the  discretion of the superintendent.
    51  Records assembled or collected for purposes of inclusion in the database
    52  created pursuant to section 400.02 of this article shall not be  subject
    53  to  disclosure  pursuant  to article six of the public officers law. The
    54  record book shall be maintained on the premises mentioned and  described
    55  in  the license and shall be open at all reasonable hours for inspection
    56  by any peace officer, acting pursuant to his special duties,  or  police

        S. 8780                             9

     1  officer.  In  the event of cancellation or revocation of the license for
     2  gunsmith or dealer in firearms,  or  discontinuance  of  business  by  a
     3  licensee,  such  record  book  shall  be  immediately surrendered to the
     4  licensing officer in the city of New York, and in the counties of Nassau
     5  and  Suffolk,  and  elsewhere  in the state to the executive department,
     6  division of state police.
     7    § 5. Severability. If any clause, sentence, paragraph, section or part
     8  of this act shall be adjudged by any court of competent jurisdiction  to
     9  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    10  remainder thereof, but shall be confined in its operation to the clause,
    11  sentence, paragraph, section or part thereof directly  involved  in  the
    12  controversy in which such judgment shall have been rendered.
    13    § 6. This act shall take effect on the one hundred eightieth day after
    14  it  shall have become a law. Effective immediately, the addition, amend-
    15  ment and/or repeal of any rule or regulation for the  implementation  of
    16  section  two of this act on its effective date are authorized to be made
    17  on or before such effective date.