Bill Text: NY A03186 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more that 1 firearm during any period of 30 days.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-13 - print number 3186a [A03186 Detail]

Download: New_York-2013-A03186-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3186
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to amend the penal law, in relation to the unlawful procurement
         of a firearm
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The penal law is amended by adding a new section 265.45 to
    2  read as follows:
    3  S 265.45 UNLAWFUL PROCUREMENT OF A FIREARM.
    4    A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN:
    5    1.  HE  OR  SHE PURCHASES OR TAKES POSSESSION OF MORE THAN ONE FIREARM
    6  FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR
    7    2. BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A  FIREARM
    8  TO  ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM DURING
    9  THE PREVIOUS THIRTY DAYS.
   10    UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR.
   11    S 2. Section 265.20 of the penal law is amended by adding a new subdi-
   12  vision e to read as follows:
   13    E. SECTION 265.45 OF THIS ARTICLE SHALL NOT APPLY TO:
   14    1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS
   15  OFFICER ACTING WITHIN THE COURSE AND SCOPE OF HIS OR HER  EMPLOYMENT  OR
   16  OFFICIAL DUTIES;
   17    2.  A  UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF THE UNITED
   18  STATES OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED  TO
   19  POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES;
   20    3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
   21  ENGAGED IN THE COURSE  AND  SCOPE  OF  THEIR  ACTIVITIES  AS  LICENSEES,
   22  PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
   23  ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01836-01-3
       A. 3186                             2
    1    4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR
    2  REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK
    3  FROM SUCH A GUNSMITH;
    4    5.  A  COMMON  CARRIER,  WAREHOUSEMAN,  OR OTHER PERSON ENGAGED IN THE
    5  BUSINESS OF TRANSPORTING OR  STORING  GOODS,  TO  THE  EXTENT  THAT  THE
    6  POSSESSION  OR RECEIPT OF ANY FIREARM IS IN THE ORDINARY COURSE OF BUSI-
    7  NESS, AND NOT FOR THE PERSONAL USE OF ANY SUCH PERSON;
    8    6. A PERSON ACQUIRING FIREARMS BY OPERATION OF LAW UPON THE  DEATH  OF
    9  THE FORMER OWNER OF THE FIREARMS; OR
   10    7.  A  PERSON  WHOSE  FIREARM WAS STOLEN OR IRRETRIEVABLY LOST AND WHO
   11  CONSIDERS IT ESSENTIAL THAT THE FIREARM BE REPLACED IMMEDIATELY, IF:
   12    (A) THE PERSON PROVIDES THE SELLER OR TRANSFEROR WITH  A  COPY  OF  AN
   13  OFFICIAL  POLICE REPORT DESCRIBING THE LOSS OR THEFT OF THE FIREARM. THE
   14  OFFICIAL POLICE REPORT MUST CONTAIN THE NAME AND ADDRESS OF THE  FIREARM
   15  OWNER,  A DESCRIPTION OF THE FIREARM, THE LOCATION OF THE LOSS OR THEFT,
   16  THE DATE OF THE LOSS OR THEFT, AND  THE  DATE  THE  LOSS  OR  THEFT  WAS
   17  REPORTED TO THE LAW ENFORCEMENT AGENCY; AND
   18    (B)  THE  LOSS  OR  THEFT  OCCURRED WITHIN THIRTY DAYS OF THE PERSON'S
   19  ATTEMPT TO REPLACE THE FIREARM, AS REFLECTED BY  THE  DATE  OF  LOSS  OR
   20  THEFT ON THE OFFICIAL POLICE REPORT.
   21    S  3.  The penal law is amended by adding a new section 400.15 to read
   22  as follows:
   23  S 400.15 DUTIES OF DEALERS IN FIREARMS.
   24    1. EACH DEALER IN FIREARMS SHALL PRIOR TO THE SALE OF ANY FIREARM TO A
   25  PERSON REQUEST APPROVAL OF SUCH SALE TO SUCH PERSON FROM THE DIVISION OF
   26  CRIMINAL JUSTICE SERVICES.
   27    2. UPON RECEIPT OF THE APPROVAL OF THE DIVISION  OF  CRIMINAL  JUSTICE
   28  SERVICES OF A SALE OF A FIREARM, THE DEALER IN FIREARMS SHALL RECORD AND
   29  REPORT  SUCH  SALE  TO  THE DIVISION OF CRIMINAL JUSTICE SERVICES WITHIN
   30  TWENTY-FOUR HOURS.
   31    S 4. This act shall take effect on the first of January next  succeed-
   32  ing the date on which it shall have become a law.