§ 228. National instant criminal background checks. 1. (a) The\ndivision is hereby authorized and directed to serve as a state point of\ncontact for implementation of 18 U.S.C. sec. 922 (t), all federal\nregulations and applicable guidelines adopted pursuant thereto, and the\nnational instant criminal background check system for the purchase of\nfirearms and ammunition.\n (b) Upon receiving a request from a licensed dealer pursuant to\nsection eight hundred ninety-six or eight hundred ninety-eight of the\ngeneral business law, the division shall initiate a background check by\n(i) contacting the National Instant Criminal Background Check System\n(NICS) or its successor to initiate a national instant criminal\nbackground check, and (ii) consulting the statewide firearms license and\nrecords database established pursuant to subdivision three of this\nsection, in order to determine if the purchaser is a person described in\nsections 400.00 and 400.03 of the penal law, or is prohibited by state\nor federal law from possessing, receiving, owning, or purchasing a\nfirearm or ammunition.\n 2. (a) The division shall report the name, date of birth and physical\ndescription of any person prohibited from possessing a firearm pursuant\nto 18 U.S.C. sec. 922(g) or (n) to the national instant criminal\nbackground check system index, denied persons files.\n (b) Information provided pursuant to this section shall remain\nprivileged and confidential, and shall not be disclosed, except for the\npurpose of enforcing federal or state law regarding the purchase of\nfirearms or ammunition.\n (c) Any background check conducted by the division, or delegated\nauthority, of any applicant for a permit, firearms identification card\nlicense, ammunition sale, or registration, in accordance with the\nrequirements of section 400.00 of the penal law, shall not be considered\na public record and shall not be disclosed to any person not authorized\nby law or this chapter to have access to such background check,\nincluding the applicant. Any application for a permit, firearms\nidentification card, ammunition sale, or license, and any document\nreflecting the issuance or denial of such permit, firearms\nidentification card, or license, and any permit, firearms identification\ncard, license, certification, certificate, form of register, or\nregistration statement, maintained by any state or municipal\ngovernmental agency, shall not be considered a public record and shall\nnot be disclosed to any person not authorized by law to have access to\nsuch documentation, including the applicant, except on the request of\npersons acting in their governmental capacities for purposes of the\nadministration of justice.\n 3. The division shall create and maintain a statewide firearms license\nand records database which shall contain records held by the division\nand any records that it is authorized to request from the division of\ncriminal justice services, office of court administration, New York\nstate department of health, New York state office of mental health, and\nother local entities. Such database shall be used for the certification\nand recertification of firearm permits under section 400.02 of the penal\nlaw, assault weapon registration under subdivision sixteen-a of section\n400.00 of the penal law, and ammunition sales under section 400.03 of\nthe penal law. Such database shall also be used to initiate a national\ninstant criminal background check pursuant to subdivision one of this\nsection upon request from a licensed dealer. The division may create and\nmaintain additional databases as needed to complete background checks\npursuant to the requirements of this section.\n 4. The superintendent shall promulgate a plan to coordinate background\nchecks for firearm and ammunition purchases pursuant to this section and\nto require any person, firm or corporation that sells, delivers or\notherwise transfers any firearm or ammunition to submit a request to the\ndi
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