Bill Text: NY S05961 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes the exchange or transfer of firearms, rifles and shotguns pursuant to a decedent's will and/or probate order; prohibits transfers of large capacity ammunition feeding devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S05961 Detail]

Download: New_York-2019-S05961-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5961

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  SAVINO -- 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 and the penal law, in  relation
          to  the exchange or transfer of firearms, rifles and shotguns pursuant
          to a decedent's will and/or probate order

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 1 of section 898 of the general business law,
     2  as added by chapter 1 of the  laws  of  2013,  is  amended  to  read  as
     3  follows:
     4    1.  In addition to any other requirements pursuant to state and feder-
     5  al  law,  all sales, exchanges or disposals of firearms, rifles or shot-
     6  guns shall be conducted in accordance  with  this  section  unless  such
     7  sale, exchange or disposal is conducted by a licensed importer, licensed
     8  manufacturer  or licensed dealer, as those terms are defined in 18 USC §
     9  922, when such sale, exchange or disposal is conducted pursuant to  that
    10  person's  federal firearms license or such sale, exchange or disposal is
    11  between members of an immediate family or such exchange or  transfer  is
    12  pursuant  to  decedent's  will  and/or  probate  order,  directing  such
    13  exchange or transfer to a person who qualifies under this  section.  For
    14  purposes  of this section, "immediate family" shall mean spouses, domes-
    15  tic partners, children and step-children.
    16    § 2. Paragraph (h) of subdivision 22 of section 265.00  of  the  penal
    17  law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
    18  follows:
    19    (h) Any weapon defined in paragraph (e) or (f) of this subdivision and
    20  any large capacity ammunition feeding device that was legally  possessed
    21  by  an  individual  prior to the enactment of the chapter of the laws of
    22  two thousand thirteen which added this paragraph, may only be  sold  to,
    23  exchanged  with or disposed of to a purchaser authorized to possess such
    24  weapons or to an individual or entity outside of the state provided that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10525-01-9
        S. 5961                             2

     1  any such transfer to an individual or entity outside of the  state  must
     2  be reported to the entity wherein the weapon is registered within seven-
     3  ty-two  hours  of  such  transfer.  Such  permissible  sale, exchange or
     4  disposal  of any weapon defined in paragraph (e) or (f) of this subdivi-
     5  sion that was legally possessed by an individual prior to the  enactment
     6  of  chapter  one  of  the laws of two thousand thirteen which added this
     7  paragraph shall also include a  member  of  the  transferor's  immediate
     8  family,  who resides either within or outside the state of New York, and
     9  shall include transfers  made  pursuant  to  a  decedent's  will  and/or
    10  probate order, directing such exchange or transfer to a person who qual-
    11  ifies  under this section, whether that person resides inside or outside
    12  the state of New York. Such permissible sale, exchange  or  disposal  of
    13  any  weapon  defined  in paragraph (e) or (f) of this subdivision, to an
    14  immediate family member as defined in section eight hundred ninety-eight
    15  of the general business law, and such permissible transfers made  pursu-
    16  ant  to  a decedent's will and/or probate order, directing such exchange
    17  or transfer to a person who qualifies  under  this  section,  shall  not
    18  include  transfers  of  large capacity ammunition feeding devices as the
    19  expression, 'large capacity ammunition feeding  device'  is  defined  in
    20  subdivision  twenty-three  of  this section. An individual who transfers
    21  any such weapon or large capacity ammunition  device  to  an  individual
    22  inside  New  York state or without complying with the provisions of this
    23  paragraph shall be guilty of a class A  misdemeanor  unless  such  large
    24  capacity  ammunition  feeding  device,  the  possession of which is made
    25  illegal by the chapter of the laws of two thousand thirteen which  added
    26  this  paragraph, is transferred within one year of the effective date of
    27  the chapter of the laws of two thousand thirteen which added this  para-
    28  graph.
    29    § 3. This act shall take effect immediately.