Bill Text: NY S03563 | 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.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S03563 Detail]

Download: New_York-2017-S03563-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3563
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 24, 2017
                                       ___________
        Introduced  by Sens. GALLIVAN, AMEDORE, BONACIC, MARCHIONE -- 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00239-02-7
        S. 3563                             2
     1  transfers  any  such  weapon  or  large capacity ammunition device to an
     2  individual  inside  New  York  state  or  without  complying  with   the
     3  provisions  of  this  paragraph shall be guilty of a class A misdemeanor
     4  unless  such large capacity ammunition feeding device, the possession of
     5  which is made illegal by [the chapter of the laws of two thousand  thir-
     6  teen  which added] this paragraph, is transferred within one year of the
     7  effective date of [the chapter of the  laws  of  two  thousand  thirteen
     8  which added] this paragraph.
     9    (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
    10  graph, any weapon defined in paragraph (e) or (f)  of  this  subdivision
    11  that was legally possessed and validly registered by an individual prior
    12  to  his or her death may be transferred by the estate of such individual
    13  to one of his or her immediate family  members.  For  purposes  of  this
    14  subparagraph,  the  meaning  of immediate family member is as defined by
    15  subdivision one of section eight hundred  ninety-eight  of  the  general
    16  business law.
    17    § 3. This act shall take effect immediately.