Bill Text: NY A06312 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family; expands definition of immediate family to include siblings, grandparents and grandchildren as such term relates to the sale or disposal of certain firearms; relates to the filing of approved applications for licenses for the possession of firearms; exempts certain large capacity ammunition feeding devices from certain requirements of the penal law; repeals provisions of law prohibiting the possession of certain large capacity ammunition feeding devices; repeals provisions relating to certain requirements for the sellers of ammunition.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A06312 Detail]

Download: New_York-2023-A06312-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6312

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        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;  to amend the general business law, in relation to
          expanding the definition of  immediate  family  to  include  siblings,
          grandparents  and  grandchildren  as  such term relates to the private
          sale or disposal of certain firearms;  to  amend  the  penal  law,  in
          relation to the filing of approved applications for licenses to carry,
          possess,  repair  and  dispose of firearms; to amend the penal law, in
          relation to certain large  capacity  ammunition  feeding  devices;  to
          repeal   section  265.37  of  the  penal  law,  relating  to  unlawful
          possession of  certain  ammunition  feeding  devices;  and  to  repeal
          section 400.03 of the penal law relating to sellers of ammunition

          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 amended by chapter 209 of the laws of 2022, is amended  to  read
    14  as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00119-01-3
        A. 6312                             2

     1    (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
     2  may  only  be  sold  to,  exchanged  with  or disposed of to a purchaser
     3  authorized to possess such weapons or to an individual or entity outside
     4  of the state provided that any such transfer to an individual or  entity
     5  outside  of  the state must be reported to the entity wherein the weapon
     6  is registered within seventy-two hours of such transfer.  An  individual
     7  who  transfers any such weapon to an individual inside New York state or
     8  without complying with the provisions of this paragraph shall be  guilty
     9  of a class A misdemeanor.
    10    (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
    11  graph, any weapon defined in paragraph (e) or (f)  of  this  subdivision
    12  that was legally possessed and validly registered by an individual prior
    13  to  his or her death may be transferred by the estate of such individual
    14  to one of his or her immediate family  members.  For  purposes  of  this
    15  subparagraph,  the  meaning  of immediate family member is as defined by
    16  subdivision one of section eight hundred  ninety-eight  of  the  general
    17  business law.
    18    §  3.  Subdivision  1  of  section 898 of the general business law, as
    19  amended by chapter 129 of the laws  of  2019,  is  amended  to  read  as
    20  follows:
    21    1. In addition to any other requirements pursuant to state and federal
    22  law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
    23  shall be conducted in accordance with this  section  unless  such  sale,
    24  exchange  or  disposal  is  conducted  by  a licensed importer, licensed
    25  manufacturer or licensed dealer, as those terms are defined in 18 USC  §
    26  [922] 921, when such sale, exchange or disposal is conducted pursuant to
    27  that  person's  federal  firearms  license  or  such  sale,  exchange or
    28  disposal is between  members  of  an  immediate  family.  When  a  sale,
    29  exchange  or  disposal  is  conducted  pursuant  to  a  person's federal
    30  firearms license, before delivering a firearm, rifle or shotgun  to  any
    31  person, either (a) the National Instant Criminal Background Check System
    32  (NICS)  or  its successor has issued a "proceed" response to the federal
    33  firearms licensee, or (b) thirty calendar days shall have elapsed  since
    34  the  date  the  federal  firearms  licensee contacted NICS to initiate a
    35  national instant criminal background check and NICS has not notified the
    36  federal firearms licensee that the transfer of  the  firearm,  rifle  or
    37  shotgun  to  such person should be denied. For purposes of this section,
    38  "immediate family"  shall  mean  spouses,  domestic  partners,  children
    39  [and], step-children, siblings, grandparents and grandchildren.
    40    §  4.  Subdivision 5 of section 400.00 of the penal law, as amended by
    41  chapter 1 of the laws of 2013, subparagraph (iii) of  paragraph  (e)  as
    42  amended  by  chapter  244  of  the  laws  of 2019, is amended to read as
    43  follows:
    44    5. Filing of approved applications.  [(a)]  The  application  for  any
    45  license,  if  granted,  shall be filed by the licensing officer with the
    46  clerk of the county of issuance, except that in the  city  of  New  York
    47  and,  in the counties of Nassau and Suffolk, the licensing officer shall
    48  designate the place of filing in the  appropriate  division,  bureau  or
    49  unit  of the police department thereof, and in the county of Suffolk the
    50  county clerk is hereby authorized to transfer all  records  or  applica-
    51  tions  relating  to  firearms to the licensing authority of that county.
    52  [Except as provided in paragraphs (b) through (f) of  this  subdivision,
    53  the  name  and  address]  The  application  and  any supporting records,
    54  including any information contained therein, of any person  to  whom  an
    55  application  for  any  license  has  been  granted shall not be a public
    56  record and shall not be subject to disclosure pursuant to article six of
        A. 6312                             3

     1  the public officers law.  Upon application by a licensee who has changed
     2  his or her place of residence such  records  or  applications  shall  be
     3  transferred  to  the  appropriate officer at the licensee's new place of
     4  residence.  A  duplicate  copy of such application shall be filed by the
     5  licensing officer in the executive department, division of state police,
     6  Albany, within ten days after issuance of the license.  The  superinten-
     7  dent of state police may designate that such application shall be trans-
     8  mitted  to the division of state police electronically. In the event the
     9  superintendent of the division of state police determines that it  lacks
    10  any  of  the  records  required  to  be  filed with the division, it may
    11  request that such records be provided to it by  the  appropriate  clerk,
    12  department  or  authority  and such clerk, department or authority shall
    13  provide the division with such records. In the event such clerk, depart-
    14  ment or authority lacks such  records,  the  division  may  request  the
    15  license  holder provide information sufficient to constitute such record
    16  and such license holder shall provide the division  with  such  informa-
    17  tion.  Such  information  shall be limited to the license holder's name,
    18  date of birth, gender, race, residential address, social security number
    19  and firearms possessed by said license holder. Nothing in this  subdivi-
    20  sion  shall  be  construed to change the expiration date or term of such
    21  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    22  collected  for purposes of inclusion in the database established by this
    23  section shall be released pursuant to a court order.  Records  assembled
    24  or  collected for purposes of inclusion in the database created pursuant
    25  to section 400.02 of this [chapter] article  shall  not  be  subject  to
    26  disclosure pursuant to article six of the public officers law.
    27    [(b)  Each application for a license pursuant to paragraph (a) of this
    28  subdivision shall include, on a separate written form  prepared  by  the
    29  division of state police within thirty days of the effective date of the
    30  chapter  of  the  laws  of  two  thousand  thirteen,  which amended this
    31  section, and provided to the applicant at the same time and in the  same
    32  manner  as  the application for a license, an opportunity for the appli-
    33  cant to request an exception from his  or  her  application  information
    34  becoming  public  record  pursuant to paragraph (a) of this subdivision.
    35  Such forms, which shall also be made available to  individuals  who  had
    36  applied for or been granted a license prior to the effective date of the
    37  chapter of the laws of two thousand thirteen which amended this section,
    38  shall notify applicants that, upon discovery that an applicant knowingly
    39  provided  false  information, such applicant may be subject to penalties
    40  pursuant to section 175.30 of this chapter, and further, that his or her
    41  request for an exception shall be null and void, provided  that  written
    42  notice  containing  such  determination  is  provided  to the applicant.
    43  Further, such forms shall provide each applicant an opportunity to spec-
    44  ify the grounds on which he or  she  believes  his  or  her  application
    45  information should not be publicly disclosed. These grounds, which shall
    46  be identified on the application with a box beside each for checking, as
    47  applicable, by the applicant, shall be as follows:
    48    (i)  the  applicant's  life  or safety may be endangered by disclosure
    49  because:
    50    (A) the applicant is an active or retired police officer, peace  offi-
    51  cer, probation officer, parole officer, or corrections officer;
    52    (B)  the applicant is a protected person under a currently valid order
    53  of protection;
    54    (C) the applicant is or was a witness in a criminal proceeding involv-
    55  ing a criminal charge;
        A. 6312                             4

     1    (D) the applicant is participating or  previously  participated  as  a
     2  juror  in  a criminal proceeding, or is or was a member of a grand jury;
     3  or
     4    (E) the applicant is a spouse, domestic partner or household member of
     5  a  person  identified  in this subparagraph or subparagraph (ii) of this
     6  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
     7  apply.
     8    (ii) the applicant has reason to believe his or her life or safety may
     9  be endangered by disclosure due to reasons stated by the applicant.
    10    (iii)  the applicant has reason to believe he or she may be subject to
    11  unwarranted harassment upon disclosure of such information.
    12    (c) Each form provided for recertification pursuant to  paragraph  (b)
    13  of  subdivision ten of this section shall include an opportunity for the
    14  applicant to request an exception from the information provided on  such
    15  form  becoming  public record pursuant to paragraph (a) of this subdivi-
    16  sion. Such forms shall notify applicants that, upon  discovery  that  an
    17  applicant  knowingly  provided  false information, such applicant may be
    18  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    19  further,  that  his  or  her  request for an exception shall be null and
    20  void, provided that written  notice  containing  such  determination  is
    21  provided to the applicant. Further, such forms shall provide each appli-
    22  cant  an opportunity to either decline to request the grant or continua-
    23  tion of an exception, or specify the grounds on which he or she believes
    24  his or her information should not be publicly disclosed. These  grounds,
    25  which  shall be identified in the application with a box beside each for
    26  checking, as applicable, by the applicant, shall be the same as provided
    27  in paragraph (b) of this subdivision.
    28    (d) Information submitted on the forms described in paragraph  (b)  of
    29  this subdivision shall be excepted from disclosure and maintained by the
    30  entity  retaining  such  information  separate  and apart from all other
    31  records.
    32    (e) (i) Upon receiving a request for exception  from  disclosure,  the
    33  licensing  officer  shall  grant  such  exception, unless the request is
    34  determined to be null and void, pursuant to paragraph (b) or (c) of this
    35  subdivision.
    36    (ii) A request for an exception from disclosure may  be  submitted  at
    37  any time, including after a license or recertification has been granted.
    38    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    39  of this subdivision, the application information  shall  not  be  public
    40  record,  unless  the  request  is  determined to be null and void. If an
    41  exception is sought and granted pursuant to paragraph (c) of this subdi-
    42  vision, the  information  concerning  such  recertification  application
    43  shall  not be public record, unless the request is determined to be null
    44  and void. Notwithstanding the foregoing provisions of this subparagraph,
    45  local and state law enforcement shall, upon request, be  granted  access
    46  to  and copies of such application information provided that such infor-
    47  mation obtained by law enforcement pursuant to this  subparagraph  shall
    48  not be considered a public record of such law enforcement agency.
    49    (f) The information of licensees or applicants for a license shall not
    50  be  disclosed  to  the  public  during the first one hundred twenty days
    51  following the effective date of the chapter of the laws of two  thousand
    52  thirteen, which amended this section. After such period, the information
    53  of  those  who  had  applied  for or been granted a license prior to the
    54  preparation of the form for requesting an exception, pursuant  to  para-
    55  graph  (b) of this subdivision, may be released only if such individuals
    56  did not file a request for such an exception during the first sixty days
        A. 6312                             5

     1  following such  preparation;  provided,  however,  that  no  information
     2  contained  in  an  application for licensure or recertification shall be
     3  disclosed by an entity  that  has  not  completed  processing  any  such
     4  requests received during such sixty days.
     5    (g)  If  a  request for an exception is determined to be null and void
     6  pursuant to paragraph (b) or (c) of this subdivision, an  applicant  may
     7  request  review  of such determination pursuant to article seventy-eight
     8  of the civil practice laws and  rules.  Such  proceeding  must  commence
     9  within  thirty  days  after service of the written notice containing the
    10  adverse determination. Notice of the right to commence such a  petition,
    11  and  the  time  period  therefor, shall be included in the notice of the
    12  determination. Disclosure following such a petition shall  not  be  made
    13  prior to the disposition of such review.]
    14    §  5.  Subdivision  a of section 265.20 of the penal law is amended by
    15  adding a new paragraph 11-a to read as follows:
    16    11-a. Possession of a large capacity ammunition feeding device  by  an
    17  individual  who  legally possessed the large capacity ammunition feeding
    18  device before April fifteenth, two thousand thirteen.
    19    § 6. Section 265.37 of the penal law is REPEALED.
    20    § 7. Section 400.03 of the penal law is REPEALED.
    21    § 8.  Any funds or portion of funds allocated in the state  budget  or
    22  otherwise  appropriated  to  any  office,  agency  or department for the
    23  purpose of implementing the provisions of section 400.03  of  the  penal
    24  law  repealed  by  this act shall be reallocated or appropriated for the
    25  purpose of hiring school resource officers  in  public  schools  in  the
    26  state.
    27    §  9.  This act shall take effect immediately; provided, however, that
    28  the provisions of section four of this act shall take effect  the  first
    29  of  November  next  succeeding  the date on which it shall have become a
    30  law; and provided, further, that the provisions of section five of  this
    31  act  shall  be deemed to have been in full force and effect on and after
    32  January 15, 2014.