Bill Text: NY A10292 | 2017-2018 | 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 provision of law prohibiting the possession of certain large capacity ammunition feeding devices; and repeals provisions of law relating to certain requirements for the sellers of ammunition.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-10 - referred to codes [A10292 Detail]

Download: New_York-2017-A10292-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10292
                   IN ASSEMBLY
                                     April 10, 2018
                                       ___________
        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 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]  January
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00340-01-7
        A. 10292                            2
     1  fifteenth, two thousand thirteen, may only be sold to, exchanged with or
     2  disposed  of  to a purchaser authorized to possess such weapons or to an
     3  individual or entity outside of the state provided that any such  trans-
     4  fer  to an individual or entity outside of the state must be reported to
     5  the entity wherein the weapon is registered within seventy-two hours  of
     6  such  transfer.  An  individual  who  transfers any such weapon or large
     7  capacity ammunition device 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 unless such large capacity  ammunition  feeding
    10  device,  the possession of which is made illegal by [the] chapter one of
    11  the laws of two thousand  thirteen  [which  added  this  paragraph],  is
    12  transferred within one year [of the effective date of the chapter of the
    13  laws  of  two  thousand  thirteen which added this paragraph] of January
    14  fifteenth, two thousand fourteen.
    15    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
    16  graph,  any  weapon  defined in paragraph (e) or (f) of this subdivision
    17  that was legally possessed and validly registered by an individual prior
    18  to his or her death may be transferred by the estate of such  individual
    19  to  one  of  his  or  her immediate family members. For purposes of this
    20  subparagraph, the meaning of immediate family member is  as  defined  by
    21  subdivision  one  of  section  eight hundred ninety-eight of the general
    22  business law.
    23    § 3. Subdivision 1 of section 898 of  the  general  business  law,  as
    24  added by chapter 1 of the laws of 2013, is amended to read as follows:
    25    1.  In addition to any other requirements pursuant to state and feder-
    26  al  law,  all sales, exchanges or disposals of firearms, rifles or shot-
    27  guns shall be conducted in accordance  with  this  section  unless  such
    28  sale, exchange or disposal is conducted by a licensed importer, licensed
    29  manufacturer  or licensed dealer, as those terms are defined in 18 USC §
    30  [922] 921, when such sale, exchange or disposal is conducted pursuant to
    31  that person's  federal  firearms  license  or  such  sale,  exchange  or
    32  disposal is between members of an immediate family. For purposes of this
    33  section, "immediate family" shall mean spouses, domestic partners, chil-
    34  dren and step-children, siblings, grandparents and grandchildren.
    35    §  4.  Subdivision 5 of section 400.00 of the penal law, as amended by
    36  chapter 1 of the laws of 2013, is amended to read as follows:
    37    5. Filing of approved applications.  [(a)]  The  application  for  any
    38  license,  if  granted,  shall be filed by the licensing officer with the
    39  clerk of the county of issuance, except that in the  city  of  New  York
    40  and,  in the counties of Nassau and Suffolk, the licensing officer shall
    41  designate the place of filing in the  appropriate  division,  bureau  or
    42  unit  of the police department thereof, and in the county of Suffolk the
    43  county clerk is hereby authorized to transfer all  records  or  applica-
    44  tions  relating  to  firearms to the licensing authority of that county.
    45  [Except as provided in paragraphs (b) through (f) of  this  subdivision,
    46  the  name  and  address]  The  application  and  any supporting records,
    47  including any information contained therein, of any person  to  whom  an
    48  application  for  any  license  has  been  granted shall not be a public
    49  record and shall not be subject to disclosure pursuant to article six of
    50  the public officers law.  Upon application by a licensee who has changed
    51  his or her place of residence such  records  or  applications  shall  be
    52  transferred  to  the  appropriate officer at the licensee's new place of
    53  residence. A duplicate copy of such application shall be  filed  by  the
    54  licensing officer in the executive department, division of state police,
    55  Albany,  within  ten days after issuance of the license. The superinten-
    56  dent of state police may designate that such application shall be trans-
        A. 10292                            3
     1  mitted to the division of state police electronically. In the event  the
     2  superintendent  of the division of state police determines that it lacks
     3  any of the records required to  be  filed  with  the  division,  it  may
     4  request  that  such  records be provided to it by the appropriate clerk,
     5  department or authority and such clerk, department  or  authority  shall
     6  provide the division with such records. In the event such clerk, depart-
     7  ment  or  authority  lacks  such  records,  the division may request the
     8  license holder provide information sufficient to constitute such  record
     9  and  such  license  holder shall provide the division with such informa-
    10  tion. Such information shall be limited to the  license  holder's  name,
    11  date of birth, gender, race, residential address, social security number
    12  and  firearms possessed by said license holder. Nothing in this subdivi-
    13  sion shall be construed to change the expiration date or  term  of  such
    14  licenses  if  otherwise  provided  for  in  law.  Records  assembled  or
    15  collected for purposes of inclusion in the database established by  this
    16  section  shall  be released pursuant to a court order. Records assembled
    17  or collected for purposes of inclusion in the database created  pursuant
    18  to  section  400.02  of  this  [chapter] article shall not be subject to
    19  disclosure pursuant to article six of the public officers law.
    20    [(b) Each application for a license pursuant to paragraph (a) of  this
    21  subdivision  shall  include,  on a separate written form prepared by the
    22  division of state police within thirty days of the effective date of the
    23  chapter of the  laws  of  two  thousand  thirteen,  which  amended  this
    24  section,  and provided to the applicant at the same time and in the same
    25  manner as the application for a license, an opportunity for  the  appli-
    26  cant  to  request  an  exception from his or her application information
    27  becoming public record pursuant to paragraph (a)  of  this  subdivision.
    28  Such  forms,  which  shall also be made available to individuals who had
    29  applied for or been granted a license prior to the effective date of the
    30  chapter of the laws of two thousand thirteen which amended this section,
    31  shall notify applicants that, upon discovery that an applicant knowingly
    32  provided false information, such applicant may be subject  to  penalties
    33  pursuant to section 175.30 of this chapter, and further, that his or her
    34  request  for  an exception shall be null and void, provided that written
    35  notice containing such  determination  is  provided  to  the  applicant.
    36  Further, such forms shall provide each applicant an opportunity to spec-
    37  ify  the  grounds  on  which  he  or she believes his or her application
    38  information should not be publicly disclosed. These grounds, which shall
    39  be identified on the application with a box beside each for checking, as
    40  applicable, by the applicant, shall be as follows:
    41    (i) the applicant's life or safety may  be  endangered  by  disclosure
    42  because:
    43    (A)  the applicant is an active or retired police officer, peace offi-
    44  cer, probation officer, parole officer, or corrections officer;
    45    (B) the applicant is a protected person under a currently valid  order
    46  of protection;
    47    (C) the applicant is or was a witness in a criminal proceeding involv-
    48  ing a criminal charge;
    49    (D)  the  applicant  is  participating or previously participated as a
    50  juror in a criminal proceeding, or is or was a member of a  grand  jury;
    51  or
    52    (E) the applicant is a spouse, domestic partner or household member of
    53  a  person  identified  in this subparagraph or subparagraph (ii) of this
    54  paragraph, specifying which subparagraph or  subparagraphs  and  clauses
    55  apply.
        A. 10292                            4

     1    (ii) the applicant has reason to believe his or her life or safety may
     2  be endangered by disclosure due to reasons stated by the applicant.
     3    (iii)  the applicant has reason to believe he or she may be subject to
     4  unwarranted harassment upon disclosure of such information.
     5    (c) Each form provided for recertification pursuant to  paragraph  (b)
     6  of  subdivision ten of this section shall include an opportunity for the
     7  applicant to request an exception from the information provided on  such
     8  form  becoming  public record pursuant to paragraph (a) of this subdivi-
     9  sion. Such forms shall notify applicants that, upon  discovery  that  an
    10  applicant  knowingly  provided  false information, such applicant may be
    11  subject to penalties pursuant to section 175.30  of  this  chapter,  and
    12  further,  that  his  or  her  request for an exception shall be null and
    13  void, provided that written  notice  containing  such  determination  is
    14  provided to the applicant. Further, such forms shall provide each appli-
    15  cant  an opportunity to either decline to request the grant or continua-
    16  tion of an exception, or specify the grounds on which he or she believes
    17  his or her information should not be publicly disclosed. These  grounds,
    18  which  shall be identified in the application with a box beside each for
    19  checking, as applicable, by the applicant, shall be the same as provided
    20  in paragraph (b) of this subdivision.
    21    (d) Information submitted on the forms described in paragraph  (b)  of
    22  this subdivision shall be excepted from disclosure and maintained by the
    23  entity  retaining  such  information  separate  and apart from all other
    24  records.
    25    (e) (i) Upon receiving a request for exception  from  disclosure,  the
    26  licensing  officer  shall  grant  such  exception, unless the request is
    27  determined to be null and void, pursuant to paragraph (b) or (c) of this
    28  subdivision.
    29    (ii) A request for an exception from disclosure may  be  submitted  at
    30  any time, including after a license or recertification has been granted.
    31    (iii)  If an exception is sought and granted pursuant to paragraph (b)
    32  of this subdivision, the application information  shall  not  be  public
    33  record,  unless  the  request  is  determined to be null and void. If an
    34  exception is sought and granted pursuant to paragraph (c) of this subdi-
    35  vision, the  information  concerning  such  recertification  application
    36  shall  not be public record, unless the request is determined to be null
    37  and void.
    38    (f) The information of licensees or applicants for a license shall not
    39  be disclosed to the public during the  first  one  hundred  twenty  days
    40  following  the effective date of the chapter of the laws of two thousand
    41  thirteen, which amended this section. After such period, the information
    42  of those who had applied for or been granted  a  license  prior  to  the
    43  preparation  of  the form for requesting an exception, pursuant to para-
    44  graph (b) of this subdivision, may be released only if such  individuals
    45  did not file a request for such an exception during the first sixty days
    46  following  such  preparation;  provided,  however,  that  no information
    47  contained in an application for licensure or  recertification  shall  be
    48  disclosed  by  an  entity  that  has  not  completed processing any such
    49  requests received during such sixty days.
    50    (g) If a request for an exception is determined to be  null  and  void
    51  pursuant  to  paragraph (b) or (c) of this subdivision, an applicant may
    52  request review of such determination pursuant to  article  seventy-eight
    53  of  the  civil  practice  laws  and rules. Such proceeding must commence
    54  within thirty days after service of the written  notice  containing  the
    55  adverse  determination. Notice of the right to commence such a petition,
    56  and the time period therefor, shall be included in  the  notice  of  the
        A. 10292                            5

     1  determination.  Disclosure  following  such a petition shall not be made
     2  prior to the disposition of such review.]
     3    §  5.  Subdivision  a of section 265.20 of the penal law is amended by
     4  adding a new paragraph 11-a to read as follows:
     5    11-a. Possession of a large capacity ammunition feeding device  by  an
     6  individual  who  legally possessed the large capacity ammunition feeding
     7  device before April fifteenth, two thousand thirteen.
     8    § 6. Section 265.37 of the penal law is REPEALED.
     9    § 7. Section 400.03 of the penal law is REPEALED.
    10    § 8.  Any funds or portion of funds allocated in the state  budget  or
    11  otherwise  appropriated  to  any  office,  agency  or department for the
    12  purpose of implementing the provisions of section 400.03  of  the  penal
    13  law  repealed  by  this act shall be reallocated or appropriated for the
    14  purpose of hiring school resource officers  in  public  schools  in  the
    15  state.
    16    §  9.  This act shall take effect immediately; provided, however, that
    17  the provisions of section four of this act shall take effect  the  first
    18  of  November  next  succeeding  the date on which it shall have become a
    19  law; and provided, further, that the provisions of section five of  this
    20  act  shall  be deemed to have been in full force and effect on and after
    21  January 15, 2014.