Bill Text: NY A09062 | 2015-2016 | General Assembly | Amended

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Bill Title: Prohibits the purchase of a pistol, revolver, rifle, shotgun, machine gun or other firearm by persons who are not citizens of the United States.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-03 - enacting clause stricken [A09062 Detail]

Download: New_York-2015-A09062-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9062--A
                   IN ASSEMBLY
                                    January 20, 2016
                                       ___________
        Introduced  by  M.  of  A.  SKARTADOS  --  read once and referred to the
          Committee on Codes --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN  ACT  to amend the penal law, in relation to prohibiting the purchase
          of a pistol, revolver, rifle, shotgun, machine gun or other firearm by
          persons who are not citizens of the United States
          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 265.21 to
     2  read as follows:
     3  § 265.21 Purchase of weapons by a person who is not  a  citizen  of  the
     4             United States.
     5    A  person  is  guilty  of purchase of weapons by a person who is not a
     6  citizen of the United States when he or she purchases a  pistol,  revol-
     7  ver, rifle, shotgun, machine gun or other firearm in this state.
     8    Purchase  of  weapons  by  a person who is not a citizen of the United
     9  States is a class A misdemeanor; provided that the person purchasing the
    10  weapon is guilty of a class D felony if he or she  has  previously  been
    11  convicted of any crime.
    12    §  2.  Subdivision 1 of section 400.00 of the penal law, as amended by
    13  chapter 1 of the laws of 2013, is amended to read as follows:
    14    1. Eligibility. No license shall be issued or renewed pursuant to this
    15  section except by the licensing officer, and then  only  after  investi-
    16  gation  and  finding  that  all statements in a proper application for a
    17  license are true. No license shall be issued or renewed  except  for  an
    18  applicant  (a) twenty-one years of age or older, provided, however, that
    19  where such applicant has  been  honorably  discharged  from  the  United
    20  States  army,  navy,  marine  corps,  air  force  or coast guard, or the
    21  national guard of the state of New York, no such age  restriction  shall
    22  apply;  (b)  of  good  moral  character;  (c) who has not been convicted
    23  anywhere of a felony or a serious offense; (d) who  is  not  a  fugitive
    24  from  justice;  (e)  who  is  not an unlawful user of or addicted to any
    25  controlled substance as defined in section 21 U.S.C. 802; (f) who  being
    26  an alien (i) is not illegally or unlawfully in the United States or (ii)
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13677-03-6