Bill Text: NY S00178 | 2011-2012 | General Assembly | Introduced

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Bill Title: Exempts wholesale distributors from complying with the provisions of the pistol and revolver ballistic identification databank; defines a wholesale distributor as a person, firm or corporation that sells or distributes pistols, revolvers or ammunition only to licensed dealers, law enforcement or government agencies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CONSUMER PROTECTION [S00178 Detail]

Download: New_York-2011-S00178-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          178
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general  business  law,  in  relation  to  exempting
         wholesale  distributors  from  complying  with  the  provisions of the
         pistol and revolver ballistic identification databank
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1, 3, 4 and 5 of section 396-ff of the general
    2  business  law,  as added by chapter 189 of the laws of 2000, are amended
    3  to read as follows:
    4    (1) For the purposes of this section, the following terms  shall  have
    5  the following meanings:
    6    (a)  "Manufacturer" means any person, firm or corporation possessing a
    7  valid federal license that permits such person, firm or  corporation  to
    8  engage  in the business of manufacturing pistols or revolvers or ammuni-
    9  tion therefor for the purpose of sale or distribution.
   10    (b) "Shell casing" means that part of ammunition capable of being used
   11  in a pistol or revolver that contains the primer and  propellant  powder
   12  to discharge the bullet or projectile.
   13    (C)  "WHOLESALE  DISTRIBUTOR"  MEANS  ANY  PERSON, FIRM OR CORPORATION
   14  POSSESSING VALID FEDERAL AND STATE LICENSES THAT  PERMITS  SUCH  PERSON,
   15  FIRM OR CORPORATION TO ENGAGE IN THE BUSINESS OF SELLING OR DISTRIBUTING
   16  PISTOLS  OR REVOLVERS OR AMMUNITION AND SUCH PERSON, FIRM OR CORPORATION
   17  SELLS OR DISTRIBUTES PISTOLS, REVOLVERS OR AMMUNITION ONLY  TO  LICENSED
   18  DEALERS, LAW ENFORCEMENT OR GOVERNMENT AGENCIES.
   19    (3)  A  gunsmith  or dealer in firearms licensed in this state, EXCEPT
   20  FOR A WHOLESALE DISTRIBUTOR, shall, within ten days of  the  receipt  of
   21  any pistol or revolver from a manufacturer that fails to comply with the
   22  provisions of this section, either (a) return such pistol or revolver to
   23  such  manufacturer,  or  (b) notify the division of state police of such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01362-01-1
       S. 178                              2
    1  noncompliance  and  thereafter  obtain  a  substitute  sealed  container
    2  through  participation  in  a  program  operated  by the state police as
    3  provided in subdivision four of this section.
    4    (4)  The  division  of state police shall no later than October first,
    5  two thousand, promulgate rules and regulations for the  operation  of  a
    6  program  which  provides  a gunsmith or a dealer in firearms licensed in
    7  this state, EXCEPT FOR A WHOLESALE DISTRIBUTOR, with a sealed  container
    8  enclosing  the  items  specified in subdivision two of this section. The
    9  program shall at a minimum:
   10    (a) be operational by January first, two thousand one;
   11    (b) operate in at least five regional locations within the state; and
   12    (c) specify procedures by which such gunsmith or dealer is to  deliver
   13  a  pistol or revolver to the regional program location closest to his or
   14  her place of business for testing and prompt return of  such  pistol  or
   15  revolver.
   16    (5)  On  and after March first, two thousand one, a gunsmith or dealer
   17  in firearms licensed in this state, EXCEPT FOR A WHOLESALE  DISTRIBUTOR,
   18  shall,  within ten days of delivering to any person a pistol or revolver
   19  received by such gunsmith or dealer in firearms on or after  such  date,
   20  forward  to the division of state police, along with the original trans-
   21  action report required by subdivision twelve of section  400.00  of  the
   22  penal  law,  the  sealed  container enclosing the shell casing from such
   23  pistol or revolver either (a) received from  the  manufacturer,  or  (b)
   24  obtained  through  participation in the program operated by the division
   25  of state police in accordance with subdivision four of this section.
   26    S 2. This act shall take effect immediately.