Bill Text: NY A05396 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A05396 Detail]

Download: New_York-2019-A05396-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5396
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee 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,  the  meaning  of immediate family member is as defined by
    10  subdivision one of section eight hundred  ninety-eight  of  the  general
    11  business law;
    12    §  2.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
    13  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
    14  follows:
    15    (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
    16  and  any  large  capacity  ammunition  feeding  device  that was legally
    17  possessed by an individual prior to the enactment of [the chapter of the
    18  laws of two thousand thirteen which added] this paragraph, may  only  be
    19  sold  to,  exchanged  with  or  disposed of to a purchaser authorized to
    20  possess such weapons or to an individual or entity outside of the  state
    21  provided  that  any  such transfer to an individual or entity outside of
    22  the state must be reported to the entity wherein the  weapon  is  regis-
    23  tered  within  seventy-two  hours  of  such  transfer. An individual who
    24  transfers any such weapon or large  capacity  ammunition  device  to  an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02850-01-9
        A. 5396                             2
     1  individual   inside  New  York  state  or  without  complying  with  the
     2  provisions of this paragraph shall be guilty of a  class  A  misdemeanor
     3  unless  such large capacity ammunition feeding device, the possession of
     4  which  is made illegal by [the chapter of the laws of two thousand thir-
     5  teen which added] this paragraph, is transferred within one year of  the
     6  effective  date  of  [the  chapter  of the laws of two thousand thirteen
     7  which added] this paragraph.
     8    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
     9  graph,  any  weapon  defined in paragraph (e) or (f) of this subdivision
    10  that was legally possessed and validly registered by an individual prior
    11  to his or her death may be transferred by the estate of such  individual
    12  to  one  of  his  or  her immediate family members. For purposes of this
    13  subparagraph, the meaning of immediate family member is  as  defined  by
    14  subdivision  one  of  section  eight hundred ninety-eight of the general
    15  business law.
    16    § 3. This act shall take effect immediately.