Bill Text: NY S00837 | 2019-2020 | 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00837 Detail]

Download: New_York-2019-S00837-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           837
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed 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, 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, may only be
    19  sold to, exchanged with or disposed of  to  a  purchaser  authorized  to
    20  possess  such weapons or to an individual or entity outside of the state
    21  provided that any such transfer to an individual or  entity  outside  of
    22  the  state  must  be reported to the entity wherein the weapon is regis-
    23  tered within seventy-two hours  of  such  transfer.  An  individual  who
    24  transfers  any  such  weapon  or  large capacity ammunition device to an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02850-01-9
        S. 837                              2
     1  individual  inside  New  York  state  or  without  complying  with   the
     2  provisions  of  this  paragraph shall be guilty of a class A misdemeanor
     3  unless such large capacity ammunition feeding device, the possession  of
     4  which  is made illegal by [the chapter of the laws of two thousand thir-
     5  teen which added] this paragraph, is transferred within one year of  the
     6  effective  date  of  [the  chapter  of the laws of two thousand thirteen
     7  which added] this paragraph.
     8    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
     9  graph,  any  weapon  defined in paragraph (e) or (f) of this subdivision
    10  that was legally possessed and validly registered by an individual prior
    11  to his or her death may be transferred by the estate of such  individual
    12  to  one  of  his  or  her immediate family members. For purposes of this
    13  subparagraph, the meaning of immediate family member is  as  defined  by
    14  subdivision  one  of  section  eight hundred ninety-eight of the general
    15  business law.
    16    § 3. This act shall take effect immediately.