S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   360

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. PAULIN, PEOPLES-STOKES, GALEF, BING, DINOWITZ,
  ROSENTHAL, KAVANAGH -- Multi-Sponsored by -- M. of A. BRENNAN,  CLARK,
  COOK,  CYMBROWITZ,  GOTTFRIED,  HOOPER,  MAYERSOHN,  McENENY, MILLMAN,
  ORTIZ, PERRY, PHEFFER, ROBINSON, TOWNS, WEISENBERG --  read  once  and
  referred  to  the  Committee  on  Economic  Development, Job Creation,
  Commerce and Industry

AN ACT to amend the general business law, in relation  to  the  sale  or
  transfer  of  a  rifle  or  a  shotgun  between unlicensed persons and
  providing penalties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-eee to read as follows:
  S  396-EEE.  SALE  OR  TRANSFER  OF CERTAIN WEAPONS BETWEEN UNLICENSED
PERSONS. 1. THE SALE OR OTHER TRANSFER OF RIFLES OR  SHOTGUNS,  AS  SUCH
TERMS  ARE  DEFINED  IN  SECTION 265.00 OF THE PENAL LAW, BETWEEN TWO OR
MORE UNLICENSED PERSONS SHALL BE CONDUCTED THROUGH A FEDERALLY  LICENSED
FIREARMS DEALER AND SHALL COMPLY WITH APPLICABLE FEDERAL AND STATE LAWS.
A  PERSON SHALL COMPLETE ANY SALE, LOAN, OR TRANSFER OF A RIFLE OR SHOT-
GUN THROUGH A PERSON LICENSED PURSUANT TO SECTION 400.00  OF  THE  PENAL
LAW  IN  ACCORDANCE  WITH  THIS SECTION. THE SELLER OR TRANSFEROR OR THE
PERSON LOANING THE RIFLE OR SHOTGUN SHALL DELIVER THE RIFLE  OR  SHOTGUN
TO  THE DEALER WHO SHALL RETAIN POSSESSION OF THAT RIFLE OR SHOTGUN. THE
DEALER SHALL THEN DELIVER THE RIFLE  OR  SHOTGUN  TO  THE  PURCHASER  OR
TRANSFEREE OR THE PERSON BEING LOANED THE RIFLE OR SHOTGUN, IF IT IS NOT
PROHIBITED BY ANY PROVISION OF LAW. IF THE DEALER CANNOT LEGALLY DELIVER
THE  RIFLE OR SHOTGUN TO THE PURCHASER OR TRANSFEREE OR THE PERSON BEING
LOANED THE RIFLE OR SHOTGUN, THE DEALER SHALL FORTHWITH, WITHOUT WAITING
FOR THE CONCLUSION OF ANY APPLICABLE WAITING PERIOD, RETURN THE RIFLE OR
SHOTGUN TO THE TRANSFEROR OR SELLER OR THE PERSON LOANING THE  RIFLE  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00323-01-1

A. 360                              2

SHOTGUN.  THE DEALER SHALL NOT RETURN THE RIFLE OR SHOTGUN TO THE SELLER
OR TRANSFEROR OR THE PERSON LOANING THE RIFLE OR SHOTGUN WHEN TO  DO  SO
WOULD  CONSTITUTE  A  VIOLATION  OF  THE PENAL LAW. IF THE DEALER CANNOT
LEGALLY  RETURN  THE RIFLE OR SHOTGUN TO THE TRANSFEROR OR SELLER OR THE
PERSON LOANING THE RIFLE OR SHOTGUN, THEN  THE  DEALER  SHALL  FORTHWITH
DELIVER  THE  RIFLE OR SHOTGUN TO THE SHERIFF OF THE COUNTY OR THE CHIEF
OF POLICE OR OTHER HEAD OF A MUNICIPAL POLICE DEPARTMENT OF ANY CITY  OR
CITY  AND  COUNTY  WHO  SHALL  THEN DISPOSE OF THE FIREARM IN THE MANNER
PROVIDED BY SUCH MUNICIPALITY. THE FEDERALLY  LICENSED  FIREARMS  DEALER
MAY  CHARGE  A TRANSFER FEE NOT TO EXCEED TEN DOLLARS. THIS SECTION DOES
NOT APPLY TO THE SALE OR OTHER TRANSFER OF RIFLES OR SHOTGUNS IN ANY  OF
THE FOLLOWING SITUATIONS:
  A.  THE PERSON TRANSFERRING THE RIFLE OR SHOTGUN OR THE PERSON ACQUIR-
ING THE RIFLE OR SHOTGUN IS  A  LICENSED  FIREARMS  DEALER  PURSUANT  TO
FEDERAL LAW.
  B.  THE  RIFLE  OR  SHOTGUN ACQUIRED IS AN ANTIQUE RIFLE OR SHOTGUN, A
COLLECTOR'S ITEM, A DEVICE WHICH IS NOT DESIGNED OR REDESIGNED  FOR  USE
AS  A  RIFLE  OR SHOTGUN, A DEVICE WHICH IS DESIGNED SOLELY FOR USE AS A
SIGNALING, PYROTECHNIC, LINE-THROWING, SAFETY OR SIMILAR  DEVICE,  OR  A
RIFLE  OR  SHOTGUN  WHICH  IS UNSERVICEABLE BY REASON OF BEING UNABLE TO
DISCHARGE A SHOT BY MEANS OF AN EXPLOSIVE  AND  IS  INCAPABLE  OF  BEING
READILY RESTORED TO A FIRING CONDITION.
  C. THE PERSON ACQUIRING THE RIFLE OR SHOTGUN IS AUTHORIZED TO DO SO ON
BEHALF OF A LAW ENFORCEMENT AGENCY.
  2.  AN  UNLICENSED PERSON WHO SELLS OR TRANSFERS A SHOTGUN OR RIFLE TO
ANOTHER UNLICENSED PERSON, OR AN UNLICENSED PERSON WHO ACQUIRES A  RIFLE
OR  SHOTGUN FROM ANOTHER UNLICENSED PERSON, WITHOUT THE SALE OR TRANSFER
CONDUCTED BY A FEDERALLY LICENSED FIREARMS DEALER, SHALL BE GUILTY OF  A
CLASS A MISDEMEANOR PURSUANT TO SECTION 265.17 OF THE PENAL LAW.
  3.  A  PERSON  WHO  SELLS  OR  TRANSFERS A RIFLE OR SHOTGUN TO ANOTHER
PERSON, WHO THE TRANSFEROR KNOWS OR HAS REASON  TO  KNOW  IS  PROHIBITED
FROM POSSESSING FIREARMS, RIFLES OR SHOTGUNS UNDER FEDERAL OR STATE LAW,
SHALL  BE  GUILTY OF A CLASS A MISDEMEANOR PURSUANT TO SECTION 265.17 OF
THE PENAL LAW.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
firearms sold or transferred on or after such date.