New York A 5584: Relates to national instant criminal background checks and ammunition; repealer

Bill Text

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A05584 Summary:

BILL NOA05584 

&nbsp

SAME ASSAME AS S03481

&nbsp

SPONSORBailey

&nbsp

COSPNSRSimpson

&nbsp

MLTSPNSR

&nbsp

Rpld §400.02 sub 2, Pen L; amd §228, rpld §228 sub 5, sub 6 ¶c, Exec L; rpld §99-pp, St Fin L

&nbsp

Removes ammunition and ammunition sales from the requirements of background checks; repeals certain provisions of law relating thereto; repeals the background check fund.

Go to top A05584 Actions:

BILL NOA05584 

&nbsp

02/18/2025referred to codes

05/13/2025held for consideration in codes

01/07/2026referred to codes

Go to topA05584 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:05/13/2025AYE/NAY:16/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookAyeReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA05584 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05584 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5584

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 18, 2025
 ___________

 Introduced by M. of A. BAILEY -- read once and referred to the Committee
 on Codes

 AN ACT to amend the executive law, in relation to national instant crim-
 inal background checks; and to repeal certain provisions of the penal
 law, the executive law and the state finance law relating thereto

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

 1 Section 1. Subdivision 2 of section 400.02 of the penal law is
 2 REPEALED.
 3 § 2. Subdivisions 1, 2, 3 and 4 of section 228 of the executive law,
 4 as added by chapter 371 of the laws of 2022, are amended to read as
 5 follows:
 6 1. (a) The division is hereby authorized and directed to serve as a
 7 state point of contact for implementation of 18 U.S.C. sec. 922 (t), all
 8 federal regulations and applicable guidelines adopted pursuant thereto,
 9 and the national instant criminal background check system for the
 10 purchase of firearms [and ammunition].
 11 (b) Upon receiving a request from a licensed dealer pursuant to
 12 section eight hundred ninety-six or eight hundred ninety-eight of the
 13 general business law, the division shall initiate a background check by
 14 (i) contacting the National Instant Criminal Background Check System
 15 (NICS) or its successor to initiate a national instant criminal back-
 16 ground check, and (ii) consulting the statewide firearms license and
 17 records database established pursuant to subdivision three of this
 18 section, in order to determine if the purchaser is a person described in
 19 sections 400.00 and 400.03 of the penal law, or is prohibited by state
 20 or federal law from possessing, receiving, owning, or purchasing a
 21 firearm [or ammunition].
 22 2. (a) The division shall report the name, date of birth and physical
 23 description of any person prohibited from possessing a firearm pursuant

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07398-01-5

 A. 5584 2

 1 to 18 U.S.C. sec. 922(g) or (n) to the national instant criminal back-
 2 ground check system index, denied persons files.
 3 (b) Information provided pursuant to this section shall remain privi-
 4 leged and confidential, and shall not be disclosed, except for the
 5 purpose of enforcing federal or state law regarding the purchase of
 6 firearms [or ammunition].
 7 (c) Any background check conducted by the division, or delegated
 8 authority, of any applicant for a permit, firearms identification card,
 9 license, [ammunition sale,] or registration, in accordance with the
 10 requirements of section 400.00 of the penal law, shall not be considered
 11 a public record and shall not be disclosed to any person not authorized
 12 by law or this chapter to have access to such background check, includ-
 13 ing the applicant. Any application for a permit, firearms identification
 14 card, [ammunition sale,] or license, and any document reflecting the
 15 issuance or denial of such permit, firearms identification card, or
 16 license, and any permit, firearms ident