S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
Introduced by Sen. PERALTA -- 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 the disposal of firearms,
rifles and shotguns by the state and local governments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 16 of section 400.00 of the penal law, as added
by chapter 233 of the laws of 1980, is amended to read as follows:
16. Unlawful disposal. (A) No person shall except as otherwise author-
ized pursuant to law dispose of any firearm unless he OR SHE is licensed
as gunsmith or dealer in firearms.
(B) NO DEPARTMENT, BOARD, BUREAU, COMMISSION, AGENCY OR OTHER DIVISION
OF THE STATE OR LOCAL GOVERNMENT SHALL SELL OR OTHERWISE TRANSFER ANY
FIREARM, RIFLE OR SHOTGUN TO ANY PERSON OR ENTITY OTHER THAN TO A LAW
ENFORCEMENT AGENCY FOR USE BY SUCH LAW ENFORCEMENT AGENCY. ANY DEPART-
MENT, BOARD, BUREAU, COMMISSION, AGENCY OR OTHER DIVISION OF THE STATE
OR LOCAL GOVERNMENT INTENDING TO DISPOSE OF ANY FIREARM, RIFLE OR SHOT-
GUN SHALL, IF AUTHORIZED, EITHER SELL OR TRANSFER SUCH FIREARM, RIFLE OR
SHOTGUN TO A LAW ENFORCEMENT AGENCY FOR USE BY SUCH LAW ENFORCEMENT
AGENCY, OR DISPOSE OF THE FIREARM, RIFLE OR SHOTGUN BY DESTROYING THE
SAME OR CAUSING IT TO BE DESTROYED OR RENDERING THE SAME OR CAUSING IT
TO BE RENDERED INEFFECTIVE AND USELESS FOR ITS INTENDED PURPOSES AND
HARMLESS TO HUMAN LIFE.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.