S T A T E O F N E W Y O R K ________________________________________________________________________ 362 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. PAULIN, SCHIMEL, BING, DINOWITZ, GALEF, JAFFEE, MAISEL, PEOPLES-STOKES, ROSENTHAL, KAVANAGH -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, CAMARA, CLARK, COOK, CYMBROWITZ, GOTTFRIED, HOOPER, MARKEY, MAYERSOHN, McENENY, MILLMAN, ORTIZ, PHEFFER, ROBINSON, TOWNS, WEISENBERG -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry AN ACT to amend the general business law, in relation to the sale of a rifle or a shotgun between unlicensed persons and providing penalties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The general business law is amended by adding a new section 2 396-eee to read as follows: 3 S 396-EEE. SALE OF CERTAIN WEAPONS BETWEEN UNLICENSED PERSONS. 1. THE 4 SALE OF RIFLES OR SHOTGUNS, AS SUCH TERMS ARE DEFINED IN SECTION 265.00 5 OF THE PENAL LAW, BETWEEN TWO OR MORE UNLICENSED PERSONS SHALL BE 6 CONDUCTED THROUGH A FEDERALLY LICENSED FIREARMS DEALER AND SHALL COMPLY 7 WITH APPLICABLE FEDERAL AND STATE LAWS. A PERSON SHALL COMPLETE ANY SALE 8 OF A RIFLE OR SHOTGUN THROUGH A PERSON LICENSED PURSUANT TO SECTION 9 400.00 OF THE PENAL LAW IN ACCORDANCE WITH THIS SECTION. THE SELLER OF 10 THE RIFLE OR SHOTGUN SHALL DELIVER THE RIFLE OR SHOTGUN TO THE DEALER 11 WHO SHALL RETAIN POSSESSION OF THAT RIFLE OR SHOTGUN. THE DEALER SHALL 12 THEN DELIVER THE RIFLE OR SHOTGUN TO THE PURCHASER OF THE RIFLE OR SHOT- 13 GUN, IF IT IS NOT PROHIBITED BY ANY PROVISION OF LAW. IF THE DEALER 14 CANNOT LEGALLY DELIVER THE RIFLE OR SHOTGUN TO THE PURCHASER OF THE 15 RIFLE OR SHOTGUN, THE DEALER SHALL FORTHWITH, WITHOUT WAITING FOR THE 16 CONCLUSION OF ANY APPLICABLE WAITING PERIOD, RETURN THE RIFLE OR SHOTGUN 17 TO THE SELLER OF THE RIFLE OR SHOTGUN. THE DEALER SHALL NOT RETURN THE 18 RIFLE OR SHOTGUN TO THE SELLER OF THE RIFLE OR SHOTGUN WHEN TO DO SO 19 WOULD CONSTITUTE A VIOLATION OF THE PENAL LAW. IF THE DEALER CANNOT 20 LEGALLY RETURN THE RIFLE OR SHOTGUN TO THE SELLER OF THE RIFLE OR SHOT- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00325-01-1 A. 362 2 1 GUN, THEN THE DEALER SHALL FORTHWITH DELIVER THE RIFLE OR SHOTGUN TO THE 2 SHERIFF OF THE COUNTY OR THE CHIEF OF POLICE OR OTHER HEAD OF A MUNICI- 3 PAL POLICE DEPARTMENT OF ANY CITY OR CITY AND COUNTY WHO SHALL THEN 4 DISPOSE OF THE FIREARM IN THE MANNER PROVIDED BY SUCH MUNICIPALITY. THE 5 FEDERALLY LICENSED FIREARMS DEALER MAY CHARGE A TRANSFER FEE NOT TO 6 EXCEED TEN DOLLARS. THIS SECTION DOES NOT APPLY TO THE SALE OF RIFLES OR 7 SHOTGUNS IN ANY OF THE FOLLOWING SITUATIONS: 8 A. THE PERSON SELLING THE RIFLE OR SHOTGUN OR THE PERSON PURCHASING 9 THE RIFLE OR SHOTGUN IS A LICENSED FIREARMS DEALER PURSUANT TO FEDERAL 10 LAW. 11 B. THE RIFLE OR SHOTGUN BOUGHT IS AN ANTIQUE RIFLE OR SHOTGUN, A 12 COLLECTOR'S ITEM, A DEVICE WHICH IS NOT DESIGNED OR REDESIGNED FOR USE 13 AS A RIFLE OR SHOTGUN, A DEVICE WHICH IS DESIGNED SOLELY FOR USE AS A 14 SIGNALING, PYROTECHNIC, LINE-THROWING, SAFETY OR SIMILAR DEVICE, OR A 15 RIFLE OR SHOTGUN WHICH IS UNSERVICEABLE BY REASON OF BEING UNABLE TO 16 DISCHARGE A SHOT BY MEANS OF AN EXPLOSIVE AND IS INCAPABLE OF BEING 17 READILY RESTORED TO A FIRING CONDITION. 18 C. THE PERSON PURCHASING THE RIFLE OR SHOTGUN IS AUTHORIZED TO DO SO 19 ON BEHALF OF A LAW ENFORCEMENT AGENCY. 20 D. THE PERSON PURCHASING THE RIFLE OR SHOTGUN FROM THE SELLER IS AN 21 IMMEDIATE FAMILY MEMBER OF SUCH PERSON, WHICH SHALL INCLUDE SPOUSE; 22 NATURAL AND ADOPTIVE PARENTS, CHILDREN AND SIBLINGS; STEPPARENTS, STEP- 23 CHILDREN AND STEPSIBLINGS; FATHERS-IN-LAW, MOTHERS-IN-LAW, BROTHERS-IN- 24 LAW, SISTERS-IN-LAW, SONS-IN-LAW AND DAUGHTERS-IN-LAW; AND GRANDPARENTS 25 AND GRANDCHILDREN. 26 2. AN UNLICENSED PERSON WHO SELLS A SHOTGUN OR RIFLE TO ANOTHER UNLI- 27 CENSED PERSON, OR AN UNLICENSED PERSON WHO PURCHASES A RIFLE OR SHOTGUN 28 FROM ANOTHER UNLICENSED PERSON, WITHOUT THE SALE CONDUCTED BY A FEDER- 29 ALLY LICENSED FIREARMS DEALER, SHALL BE GUILTY OF A CLASS A MISDEMEANOR 30 PURSUANT TO SECTION 265.17 OF THE PENAL LAW. 31 3. A PERSON WHO SELLS A RIFLE OR SHOTGUN TO ANOTHER PERSON, WHO THE 32 SELLER KNOWS OR HAS REASON TO KNOW IS PROHIBITED FROM POSSESSING 33 FIREARMS, RIFLES OR SHOTGUNS UNDER FEDERAL OR STATE LAW, SHALL BE GUILTY 34 OF A CLASS A MISDEMEANOR PURSUANT TO SECTION 265.17 OF THE PENAL LAW. 35 S 2. This act shall take effect on the first of November next succeed- 36 ing the date on which it shall have become a law and shall apply to 37 firearms sold on or after such date.