senate Bill S178

Exempts wholesale distributors from complying with the provisions of the pistol and revolver ballistic identification databank

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CONSUMER PROTECTION
  • 04 / Jan / 2012
    • REFERRED TO CONSUMER PROTECTION

Summary

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.

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Bill Details

Versions:
S178
Legislative Cycle:
2011-2012
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง396-ff, Gen Bus L
Versions Introduced in 2009-2010 Legislative Cycle:
S308

Sponsor Memo

BILL NUMBER:S178

TITLE OF BILL: 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

PURPOSE: To define a "wholesale distributor" and exempt them from
complying with the provisions of the pistol and revolver ballistic
identification system.

SUMMARY OF PROVISIONS: Section 1. Subdivision 1, of section 396-ff of
the general business law, as added by chapter 189 of the laws of 2000,
are amended to define a "Wholesale Distributor" as any person, firm or
corporation possessing valid federal and state licenses that permits
such person, firm or corporation to engage in the business of selling
or distributing pistols or revolvers or ammunition and such person,
firm or corporation sells or distributes pistols, revolvers or
ammunition only to licensed dealers, law enforcement or government
agencies.

Section 1. Subdivisions 3, 4 and 5 of Section 396-ff of the general
business law, as added by chapter 189 of the laws of 2000, are amended
to exempt a "Wholesale Distributor" from complying with the provisions
of Section 396-ff of the general business law.

JUSTIFICATION: Out of state distributors are profiting at the expense
of law abiding citizens employed in the firearms industry in New York
State. Out of state distributors are selling non-compliant guns into
New York State because they feel that they have little risk of being
prosecuted by the State misdemeanor violations. What this means is
that employees of New York distributors are being punished by a law
that was not supposed to harm law abiding citizens in New York State.
Legal counsel for the New York distributors have advised their clients
not to sell non-compliant guns to dealers in New York even though the
law allows the dealers to have those guns made compliant. This has
caused the firearms industry in New York to be unable to participate
in hundreds of thousands of dollars in sales since the law's
inception.

PRIOR LEGISLATIVE HISTORY:
S.7099 of 2002: Referred to Consumer Protection
S.931 of 2003/2004: Referred to Consumer Protection
S.18 of 2005/2006: Referred to Consumer Protection
S.24 of 2007/2006: Referred to Consumer Protection
S.306 of 2009/2010: Referred to Consumer Protection

FISCAL IMPLICATIONS: Positive to the State, as there will be an
increase in the number of licenses that are issued.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    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:

  Section 1. Subdivisions 1, 3, 4 and 5 of section 396-ff of the general
business  law,  as added by chapter 189 of the laws of 2000, are amended
to read as follows:
  (1) For the purposes of this section, the following terms  shall  have
the following meanings:
  (a)  "Manufacturer" means any person, firm or corporation possessing a
valid federal license that permits such person, firm or  corporation  to
engage  in the business of manufacturing pistols or revolvers or ammuni-
tion therefor for the purpose of sale or distribution.
  (b) "Shell casing" means that part of ammunition capable of being used
in a pistol or revolver that contains the primer and  propellant  powder
to discharge the bullet or projectile.
  (C)  "WHOLESALE  DISTRIBUTOR"  MEANS  ANY  PERSON, FIRM OR CORPORATION
POSSESSING VALID FEDERAL AND STATE LICENSES THAT  PERMITS  SUCH  PERSON,
FIRM OR CORPORATION TO ENGAGE IN THE BUSINESS OF SELLING OR DISTRIBUTING
PISTOLS  OR REVOLVERS OR AMMUNITION AND SUCH PERSON, FIRM OR CORPORATION
SELLS OR DISTRIBUTES PISTOLS, REVOLVERS OR AMMUNITION ONLY  TO  LICENSED
DEALERS, LAW ENFORCEMENT OR GOVERNMENT AGENCIES.
  (3)  A  gunsmith  or dealer in firearms licensed in this state, EXCEPT
FOR A WHOLESALE DISTRIBUTOR, shall, within ten days of  the  receipt  of
any pistol or revolver from a manufacturer that fails to comply with the
provisions of this section, either (a) return such pistol or revolver to
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

noncompliance  and  thereafter  obtain  a  substitute  sealed  container
through  participation  in  a  program  operated  by the state police as
provided in subdivision four of this section.
  (4)  The  division  of state police shall no later than October first,
two thousand, promulgate rules and regulations for the  operation  of  a
program  which  provides  a gunsmith or a dealer in firearms licensed in
this state, EXCEPT FOR A WHOLESALE DISTRIBUTOR, with a sealed  container
enclosing  the  items  specified in subdivision two of this section. The
program shall at a minimum:
  (a) be operational by January first, two thousand one;
  (b) operate in at least five regional locations within the state; and
  (c) specify procedures by which such gunsmith or dealer is to  deliver
a  pistol or revolver to the regional program location closest to his or
her place of business for testing and prompt return of  such  pistol  or
revolver.
  (5)  On  and after March first, two thousand one, a gunsmith or dealer
in firearms licensed in this state, EXCEPT FOR A WHOLESALE  DISTRIBUTOR,
shall,  within ten days of delivering to any person a pistol or revolver
received by such gunsmith or dealer in firearms on or after  such  date,
forward  to the division of state police, along with the original trans-
action report required by subdivision twelve of section  400.00  of  the
penal  law,  the  sealed  container enclosing the shell casing from such
pistol or revolver either (a) received from  the  manufacturer,  or  (b)
obtained  through  participation in the program operated by the division
of state police in accordance with subdivision four of this section.
  S 2. This act shall take effect immediately.

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