Bill Text: NY A01553 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Authorizes a person to pass his or her guns to an immediate family member through his or her estate.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced) 2024-01-03 - referred to codes [A01553 Detail]

Download: New_York-2023-A01553-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1553

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. BLANKENBUSH, ANGELINO, BRABENEC, BYRNES, DeSTEFA-
          NO,  GOODELL,  HAWLEY,  McDONOUGH, MILLER, SMULLEN, TAGUE -- read once
          and referred to the Committee on Codes

        AN ACT to amend the penal law, in relation to authorizing  the  transfer
          of  certain  weapons  from  an  estate  to  an immediate member of the
          decedent's family

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

     1    Section  1.  Paragraph  (g) of subdivision 22 of section 265.00 of the
     2  penal law is amended by adding a  new  subparagraph  (vii)  to  read  as
     3  follows:
     4    (vii)  any weapon legally possessed and validly registered pursuant to
     5  subdivision sixteen-a of section 400.00 of this chapter  prior  to  such
     6  person's  death and bequeathed or passed through intestacy to an immedi-
     7  ate family member of the deceased. Such weapons shall be subject to  the
     8  provisions  of  paragraph  (h) of this subdivision. For purposes of this
     9  subparagraph, immediate family member means a child or spouse;
    10    § 2. Paragraph (h) of subdivision 22 of section 265.00  of  the  penal
    11  law,  as  amended by chapter 209 of the laws of 2022, is amended to read
    12  as follows:
    13    (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
    14  may only be sold to, exchanged  with  or  disposed  of  to  a  purchaser
    15  authorized to possess such weapons or to an individual or entity outside
    16  of  the state provided that any such transfer to an individual or entity
    17  outside of the state must be reported to the entity wherein  the  weapon
    18  is  registered  within seventy-two hours of such transfer. An individual
    19  who transfers any such weapon to an individual inside New York state  or
    20  without  complying with the provisions of this paragraph shall be guilty
    21  of a class A misdemeanor.
    22    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
    23  graph,  any  weapon  defined in paragraph (e) or (f) of this subdivision

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05036-01-3
        A. 1553                             2

     1  that was legally possessed and validly registered by an individual prior
     2  to his or her death may be transferred by the estate of such  individual
     3  to  one  of  his  or  her immediate family members. For purposes of this
     4  subparagraph, immediate family member means a child or spouse.
     5    § 3. This act shall take effect immediately.