Bill Text: NY A01084 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the general business law, in relation to the exchange of firearms, rifles and shotguns by second-hand dealers

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Introduced - Dead) 2010-01-06 - referred to economic development [A01084 Detail]

Download: New_York-2009-A01084-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1084
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  HOYT,  J. RIVERA, TOWNSEND, PEOPLES, MARKEY,
         EDDINGTON, LAVINE -- Multi-Sponsored by -- M. of A. BOYLAND,  BRENNAN,
         BROOK-KRASNY,  COOK,  DIAZ,  GLICK,  GOTTFRIED,  JOHN, KOON, V. LOPEZ,
         PHEFFER, ROSENTHAL, 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 exchange of
         firearms, rifles and shotguns by second-hand dealers
         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  392-j to read as follows:
    3    S  392-J.  SECOND-HAND  DEALERS;  PROHIBITION ON EXCHANGE OF FIREARMS,
    4  RIFLES OR SHOTGUNS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
    5  SHALL HAVE THE FOLLOWING MEANINGS:
    6    (A) "SECOND-HAND DEALERS" SHALL MEAN ANY  PERSON,  FIRM,  PARTNERSHIP,
    7  CORPORATION  OR ASSOCIATION WHO, EITHER WHOLLY OR IN PART, ENGAGES IN OR
    8  OPERATES THE TRADE OR BUSINESS OF BUYING, SELLING, TRADING, BARTERING OR
    9  EXCHANGING SECOND-HAND PERSONAL ITEMS.
   10    (B) "FIREARM" HAS THE SAME MEANING AS  THAT  TERM  IS  DEFINED  IN  18
   11  U.S.C.    921(A)(3),  BUT SHALL NOT INCLUDE AN "ANTIQUE FIREARM" AS THAT
   12  TERM IS DEFINED IN 18 U.S.C. 921(A)(16).
   13    (C) "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN 18  U.S.C.
   14  921(A)(7).
   15    (D)  "SHOTGUN"  HAS  THE  SAME  MEANING  AS THAT TERM IS DEFINED IN 18
   16  U.S.C.  921(A)(5).
   17    2. SECOND-HAND DEALERS ARE PROHIBITED FROM BUYING,  SELLING,  TRADING,
   18  BARTERING OR EXCHANGING FIREARMS, RIFLES OR SHOTGUNS.
   19    3. VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY OF
   20  NOT  MORE  THAN ONE HUNDRED DOLLARS FOR THE FIRST OFFENSE, NOT MORE THAN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02866-01-9
       A. 1084                             2
    1  TWO HUNDRED FIFTY DOLLARS FOR THE SECOND OFFENSE AND NOT MORE THAN  FIVE
    2  HUNDRED DOLLARS FOR ANY SUBSEQUENT OFFENSE.
    3    4.  NOTHING  IN  THIS  SECTION SHALL APPLY TO FIREARM DEALERS LICENSED
    4  UNDER FEDERAL LAW.
    5    S 2. This act shall take effect immediately.