senate Bill S69

Makes provision for the disposal of firearms, rifles and shotguns owned by the state and local governments

download pdf

Sponsor

Bill Status


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

actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 08 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Requires the disposal of firearms, rifles and shotguns owned by any department, board, bureau, commission or agency of the state of New York and local governments by either selling or transferring to a law enforcement agency for destruction; prohibits the sale of any such weapon to any other person or entity.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A8352
Versions:
S69
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S7633, S7633

Sponsor Memo

BILL NUMBER:S69

TITLE OF BILL:
An act
to amend the penal law, in relation to the disposal of firearms,
rifles and shotguns by the state and local governments

PURPOSE:
This bill would prevent the state and local agencies from selling guns
to private gun dealers.

SUMMARY OF PROVISIONS:
This bill would amend the penal law §400.00 subdivision 16 by adding a
new paragraph (b) which would prohibit state and local agencies from
selling or transferring any firearm, rifle, or shotgun to any person
or entity, other than to a law enforcement agency. The bill would
require that state and local agencies seeking to dispose of such
weapons either sell or transfer such weapons to a law enforcement
agency or destroy such weapons.

JUSTIFICATION:
In order to finance the purchase of new and more effective weapons,
state and local agencies have periodically sold or traded in weapons
to lawful gun dealers. Given the growing concern over gun-related
violence and accidents, however, this practice should be modified by
authorizing such sales only to other law enforcement agencies. This
would reduce the number of guns in circulation and ensure that state
and local agencies do not add to the supply of available weapons.

LEGISLATIVE HISTORY:
2010: S.7633/A.4486
2006: A.9672 3rd Reading Cal. 796
2007-08 A.4708 Ordered to 3rd Reading Rules Cal. 522
2000: A.1379 3rd Reading Cal. 325
1999: A.1379 Passed in Assembly
1998: A.1676-A Passed in Assembly
1997: A.1676-A Reported to Rules
1996: A.1504-A Referred to Codes
1995: A.1504-A Referred to Rules
1993-94: A.9054-A (A.40007 - Extraordinary Session) - Passed in Assembly

FISCAL IMPLICATIONS:
Minimal.

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
________________________________________________________________________

                                   69

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             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.
                                                           LBD03341-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.