A05696 Summary:

BILL NO    A05696C

SAME AS    Same as S 6676

SPONSOR    Kavanagh (MS)

COSPNSR    Schimel, Aubry, Paulin, Brook-Krasny, Pheffer, O'Donnell, Greene

MLTSPNSR   Glick, Gottfried, Meng, Weisenberg

Add S400.00, Pen L

Requires employees of dealers in firearms to submit to state and national
criminal background checks.

A05696 Actions:

BILL NO    A05696C

02/17/2009 referred to codes
04/16/2009 amend (t) and recommit to codes
04/16/2009 print number 5696a
04/21/2009 reported 
04/23/2009 advanced to third reading cal.392
05/26/2009 amended on third reading (t) 5696b
06/08/2009 amended on third reading 5696c
01/06/2010 referred to codes

A05696 Votes:

A05696 Memo:

BILL NUMBER:A5696C

TITLE OF BILL:  An act to amend the penal law, in relation to requiring
background checks for employees authorized to possess or transfer
firearms in the course of a licensed firearms business

PURPOSE OF BILL: This bill would require all employees of gunsmiths and
dealers of firearms, whose duties include handling, selling, or other-
wise disposing of firearms to submit to an instant background check
through the National Instant Criminal Background Check System (NICS)
required under federal law for persons to purchase guns from licensed
dealers and gunsmiths.

SUMMARY OF PROVISIONS:  Section 1 of the bill amends section 400.00 of
the penal law by adding a new subdivision 12-b to state that no firearm
dealer may hire anyone otherwise prohibited from possessing a firearm
under federal law. Potential employees must apply for an employment
certificate through the Division of Criminal Justice Services (DCJS),
who would review the application using NICS. If DCJS receives a negative
response from NICS for any employee, the dealer will be required to deny
employment to the applicant. Current employees of dealers would be
required to be reviewed by NICS and obtain an employment certificate
within six months of the effective date of this bill. The employment
certificate would be invalidated upon termination of employment.

Section 2 of the bill specifies the effective date as being 90 days
after being signed into law.

JUSTIFICATION: Under current law, licensed firearms dealers are required
to conduct criminal background checks through the DCJS on prospective
purchasers of firearms. However, while the dealers themselves are
required to be licensed, their employees, who have access to the
firearms on a daily basis, are not required to undergo any type of pre-
employment examination.

This legislation would correct this anomaly by requiring the DCJS to
administer background checks of all new employees through the NICS.
Since dealers routinely perform these checks multiple times a day for
purchasers, the bill will not impose a meaningful new burden.  However,
it will help to ensure those ineligible to purchase firearms are not
handling or selling them.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it
shall have become law.