Bill Text: NY A06941 | 2017-2018 | General Assembly | Introduced

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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 - Dead) 2018-06-05 - held for consideration in codes [A06941 Detail]

Download: New_York-2017-A06941-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6941
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 24, 2017
                                       ___________
        Introduced  by  M.  of  A.  BLANKENBUSH,  HAWLEY,  CROUCH, OAKS, GIGLIO,
          BARCLAY, McDONOUGH, LUPINACCI, McLAUGHLIN -- Multi-Sponsored by --  M.
          of A. BUTLER -- 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 added by chapter 1 of the laws of 2013, is amended  to  read  as
    12  follows:
    13    (h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision
    14  and  any  large  capacity  ammunition  feeding  device  that was legally
    15  possessed by an individual prior to the enactment of [the]  chapter  one
    16  of  the  laws of two thousand thirteen [which added this paragraph], may
    17  only be sold to, exchanged with or disposed of to a purchaser authorized
    18  to possess such weapons or to an individual or  entity  outside  of  the
    19  state provided that any such transfer to an individual or entity outside
    20  of the state must be reported to the entity wherein the weapon is regis-
    21  tered  within  seventy-two  hours  of  such  transfer. An individual who
    22  transfers any such weapon or large  capacity  ammunition  device  to  an
    23  individual   inside  New  York  state  or  without  complying  with  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08278-01-7
        A. 6941                             2
     1  provisions of this paragraph shall be guilty of a  class  A  misdemeanor
     2  unless  such large capacity ammunition feeding device, the possession of
     3  which is made illegal by [the] chapter one of the laws of  two  thousand
     4  thirteen  which  added this paragraph, is transferred within one year of
     5  the effective date of [the] chapter one of  the  laws  of  two  thousand
     6  thirteen [which added this paragraph].
     7    (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
     8  graph, any weapon defined in paragraph (e) or (f)  of  this  subdivision
     9  that was legally possessed and validly registered by an individual prior
    10  to  his or her death may be transferred by the estate of such individual
    11  to one of his or her immediate family  members.  For  purposes  of  this
    12  subparagraph, immediate family member means a child or spouse.
    13    § 3. This act shall take effect immediately.