Bill Text: NY A08303 | 2015-2016 | General Assembly | Introduced

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Bill Title: Imposes civil penalties for the improper disposition of a firearm.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A08303 Detail]

Download: New_York-2015-A08303-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8303
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 19, 2015
                                      ___________
       Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to  amend the penal law, in relation to the imposition of civil
         penalties for the improper disposition 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 80.20 to
    2  read as follows:
    3  S 80.20 CIVIL FINES FOR THE IMPROPER DISPOSITION OF A FIREARM.
    4    1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER AND IN ADDITION
    5  TO ANY OTHER FINE, PENALTY OR TERM  OF  IMPRISONMENT  AUTHORIZED  TO  BE
    6  IMPOSED  PURSUANT  TO THIS CHAPTER, ANY PERSON WHO: (A) SELLS, TRANSFERS
    7  OR DISPOSES OF A FIREARM FOR WHICH HE OR SHE IS THE OWNER WITHOUT LEGAL-
    8  LY TRANSFERRING THE TITLE OF SUCH FIREARM TO THE NEW OWNER; OR (B) FAILS
    9  TO REPORT A FIREARM FOR WHICH HE OR SHE IS THE OWNER AS LOST OR  STOLEN;
   10  SHALL BE SUBJECT TO A CIVIL PENALTY AS FOLLOWS:
   11    (I)  FOR  FAILURE TO LEGALLY TRANSFER A FIREARM OR REPORT A FIREARM AS
   12  LOST OR STOLEN, SUCH OWNER SHALL BE SUBJECT TO A  CIVIL  PENALTY  IN  AN
   13  AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS;
   14    (II)  FOR FAILURE TO LEGALLY TRANSFER A FIREARM OR REPORT A FIREARM AS
   15  LOST OR STOLEN AND SUCH FIREARM IS USED IN THE COMMISSION OF A MISDEMEA-
   16  NOR, SUCH OWNER SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT  TO
   17  EXCEED FOUR THOUSAND DOLLARS;
   18    (III) FOR FAILURE TO LEGALLY TRANSFER A FIREARM OR REPORT A FIREARM AS
   19  LOST  OR  STOLEN AND SUCH FIREARM IS USED IN THE COMMISSION OF A FELONY,
   20  SUCH OWNER SHALL BE SUBJECT TO A CIVIL  PENALTY  IN  AN  AMOUNT  NOT  TO
   21  EXCEED SIX THOUSAND DOLLARS.
   22    2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PEACE OFFICERS OR
   23  FEDERAL  LAW  ENFORCEMENT  OFFICERS AS SUCH TERMS ARE DEFINED IN ARTICLE
   24  TWO OF THE CRIMINAL PROCEDURE LAW.
   25    S 2. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10072-02-5