senate Bill S4256

Amended

Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts

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Bill Status


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

  • 15 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO CODES
  • 09 / Jan / 2014
    • PRINT NUMBER 4256A
  • 12 / Feb / 2014
    • AMEND AND RECOMMIT TO CODES
  • 12 / Feb / 2014
    • PRINT NUMBER 4256B

Summary

Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts.

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Bill Details

See Assembly Version of this Bill:
A6389
Versions:
S4256
S4256A
S4256B
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง265.20, Pen L

Sponsor Memo

BILL NUMBER:S4256

TITLE OF BILL: An act to amend the penal law, in relation to certain
exemptions for licensed gunsmiths, manufacturers and dealers employed
in the fulfillment of government, law enforcement, or other state and
municipal contracts

PURPOSE: To create an exemption under state law for businesses or
companies that test firearms. This bill does not exempt companies
seeking to offer for-sale weapons, instruments, appliances or
substances within the state, where such sale is otherwise prohibited
by the state.

SUMMARY OF PROVISIONS:

Section 1. The bill amends Section 255.20 of the penal law making
technical corrections to include the new sections of law created by
SAFE Act. The bill also adds a new subparagraph, (d-l), creating an
exemption under state law for licensed gunsmiths, manufacturers, and
dealers not seeking to offer for-sale weapons, instruments, appliances
or substances within the state, where such sale is otherwise
prohibited by state law.

Paragraph (e) is amended to include law enforcement, state,
municipalities, or commercial contracts with licensed gunsmiths,
manufacturers and dealers in relation to when the possession of
firearms is necessary for the manufacture, transport, installation
and/or testing under the requirements of such contract.

Section 2. Effective Date

JUSTIFICATION: The newly interpreted definition by the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) has removed testing as
part of the manufacturing process. This has caused the possession of
firearms by a company, for testing purposes only, to fall out of the
current manufacturers exemption under state law. As the law currently
stands, manufacturers can legally manufacture firearms in the state,
but testing facilities can no long possess firearms to test the
firearms for safety or quality control.

This bill creates an exemption for companies that have contracts with
manufacturers for the sole purpose of testing firearms. This bill will
allow New York businesses who are currently involved in this business
to continue and keep jobs in New York State.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the same date and in
the same manner as section 58 of chapter 1 of the laws of 2013 takes
effect.

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

                                  4256

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- 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  certain  exemptions  for
  licensed gunsmiths, manufacturers and dealers employed in the fulfill-
  ment  of  government,  law  enforcement,  or other state and municipal
  contracts

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

  Section  1.  The opening paragraph and paragraph 1 of subdivision a of
section 265.20 of the penal law, the opening  paragraph  as  amended  by
chapter  496 of the laws of 1991, paragraph 1 as amended by chapter 1041
of the laws of 1974, subparagraph (a) of paragraph 1 as amended by chap-
ter 141 of the laws of 1988, subparagraphs (b) and (c) of paragraph 1 as
added and subparagraphs (d) and (e) of  paragraph  1  as  relettered  by
chapter  843  of the laws of 1980 and subparagraph (f) of paragraph 1 as
amended by chapter 578 of the laws  of  2006,  are  amended  and  a  new
subparagraph (d-1) is added to read as follows:
  Sections  265.01,  265.01-B,  265.02,  265.03, 265.04, 265.05, 265.06,
265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05  shall
not apply to:
  1.  Possession  of  any  of  the  weapons,  instruments, appliances or
substances specified  in  sections  265.01,  265.01-B,  265.02,  265.03,
265.04,  265.05, 265.06, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
265.37 and 270.05 by the following:
  (a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess  the
same.
  (b)  Police  officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
  (c) Peace officers as defined by section 2.10 of the  criminal  proce-
dure law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09201-01-3

S. 4256                             2

  (d)  Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal  law,  regu-
lation or order to possess the same.
  (D-1)  LICENSED  GUNSMITHS,  MANUFACTURERS  AND DEALERS NOT SEEKING TO
OFFER FOR SALE WEAPONS, INSTRUMENTS, APPLIANCES OR SUBSTANCES WITHIN THE
STATE WHERE SUCH SALE IS OTHERWISE PROHIBITED BY STATE LAW.
  (e) Persons employed in fulfilling defense, LAW ENFORCEMENT, OR  OTHER
contracts  with  the  government  of  the United States, STATES, MUNICI-
PALITIES or agencies  thereof  OR  COMMERCIAL  CONTRACTS  WITH  LICENSED
GUNSMITHS,  MANUFACTURERS,  AND  DEALERS  when possession of the same is
necessary for manufacture, transport, installation and testing under the
requirements of such contract.
  (f) A person voluntarily surrendering such weapon, instrument,  appli-
ance  or  substance,  provided  that such surrender shall be made to the
superintendent of the division of  state  police  or  a  member  thereof
designated  by  such  superintendent, or to the sheriff of the county in
which such person resides, or in the county of Nassau or in the towns of
Babylon, Brookhaven, Huntington, Islip and Smithtown in  the  county  of
Suffolk  to the commissioner of police or a member of the police depart-
ment thereof designated by such commissioner, or if such person  resides
in a city, town other than one named in this subparagraph, or village to
the police commissioner or head of the police force or department there-
of  or to a member of the force or department designated by such commis-
sioner or head; and provided, further, that the same  shall  be  surren-
dered by such person in accordance with such terms and conditions as may
be  established by such superintendent, sheriff, police force or depart-
ment. Nothing in this paragraph shall be construed as granting  immunity
from  prosecution  for  any  crime  or  offense  except that of unlawful
possession  of  such  weapons,  instruments,  appliances  or  substances
surrendered  as herein provided. A person who possesses any such weapon,
instrument, appliance or substance as an executor  or  administrator  or
any  other  lawful possessor of such property of a decedent may continue
to possess such property for a period not over  fifteen  days.  If  such
property  is  not  lawfully disposed of within such period the possessor
shall deliver it to an appropriate official described in this  paragraph
or such property may be delivered to the superintendent of state police.
Such  officer shall hold it and shall thereafter deliver it on the writ-
ten request of such executor, administrator or other lawful possessor of
such property to a named person, provided such named person is  licensed
to or is otherwise lawfully permitted to possess the same. If no request
to  deliver the property is received by such official within one year of
the delivery of such property, such official  shall  dispose  of  it  in
accordance with the provisions of section 400.05 of this chapter.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as section 58 of chapter 1 of the laws of 2013, takes effect.

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