senate Bill S805

Provides for the registration of firearms by the owner thereof at the county clerks office of the county where the owner resides, except in New York City

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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

  • 09 / Jan / 2013
    • REFERRED TO CODES

Summary

Provides for the registration of firearms by the owner thereof at the county clerks office of the county where the owner resides, except in New York city; establishes fees for original registration and annual renewal thereof.

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Bill Details

Versions:
S805
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §400.02, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2994
2009-2010: S2646

Sponsor Memo

BILL NUMBER:S805

TITLE OF BILL:
An act
to amend the penal law, in relation to the registration of firearms

PURPOSE:
The purpose of this bill is to provide for the registration of
firearms by the owner thereof at the county clerks office of the
county where the owner resides, except in New York City.

SUMMARY OF PROVISIONS:
This bill incorporates a new section into the New York State Penal
Law. §400.02 will state that any person who owns a firearm in New
York State needs to register that firearm every year. Along with the
annual registration of firearms, there will be other requirements
that firearms owners will have to meet in order to legally possess
firearms in New York State.

The registration of firearms will be done by mail or if you are
residing within a city it may be done at a precinct. This
registration should include the description of the firearm, meaning
any serial numbers on the firearm, owner's name, address and phone
number. The location of where the firearm will be located when it is
not in use should also be incorporated into this registration.
Also note that a ten dollar fee would be charged for the registration
of a firearm. Photo identification will be given to the register
owner after he/she has registered their firearm. In this photo
identification the description of the firearm will be included.

PRIOR LEGISLATIVE HISTORY:

S.7486: 04/07/08 Referred to Codes
S.2646: 02/26/09 Referred to Codes
S.2994: 01/06/10 Referred to Codes

JUSTIFICATION:
Through the use of an annual firearm registration, we are able to have
better tracking supervision of the firearms circulating in New York
State. There are many firearms that are illegally possessed in New
York State but by implementing a constant registry of firearms we can
come a step closer to identifying those illegal firearms. Also with
this annual registration of firearms, firearm owners are better
protected by law if the firearm is stolen or lost and something
unfortunately happens with their particular firearm.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the 120th day after it shall have become a law.


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

                                   805

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ADAMS, SERRANO -- 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  registration  of
  firearms

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

  Section 1. The penal law is amended by adding a new section 400.02  to
read as follows:
S 400.02 REGISTRATION OF FIREARMS; FEES; RENEWALS.
  1.  EVERY OWNER OF A FIREARM SHALL PRESENT BY MAIL OR OTHERWISE TO THE
CLERK OF THE COUNTY WHEREIN HE OR SHE RESIDES AN APPLICATION FOR  REGIS-
TRATION  OF  SUCH  FIREARM.  FOR  OWNERS  RESIDING IN A COUNTY CONTAINED
ENTIRELY WITHIN A CITY, SUCH APPLICATION SHALL BE MADE AT  THE  PRECINCT
STATION  SERVING  THE  AREA WHEREIN SUCH OWNER RESIDES. SUCH APPLICATION
SHALL CONTAIN A BRIEF DESCRIPTION OF  EACH  FIREARM  TO  BE  REGISTERED,
INCLUDING ANY SERIAL NUMBER THEREON, THE OWNER'S NAME, ADDRESS AND PHONE
NUMBER,  AND THE LOCATION WHERE THE FIREARM IS TO BE LOCATED WHEN NOT IN
USE. WITH RESPECT TO A NEWLY ACQUIRED  FIREARM,  THE  APPLICATION  SHALL
INCLUDE WHERE AND HOW SUCH FIREARM WAS ACQUIRED.
  2.  UPON  RECEIPT  OF A SUFFICIENT APPLICATION, THE REGISTERING OFFICE
SHALL PROVIDE THE APPLICANT WITH A REGISTRATION UPON PAYMENT OF A FEE OF
FIFTEEN DOLLARS FOR EACH FIREARM REGISTERED.
  3. A PERMANENT RECORD OF SUCH REGISTRATION SHALL BE MAINTAINED BY  THE
REGISTERING  OFFICE, AND THE FIREARM OWNER SHALL BE ISSUED A PHOTO IDEN-
TIFICATION POCKET CARD INDICATING THE FIREARM  HAS  BEEN  REGISTERED  TO
SUCH OWNER.
  4.  SUCH  REGISTRATION  SHALL  BE  RENEWED  EACH YEAR FOR A FEE OF TEN
DOLLARS. WHENEVER THE REGISTERED OWNER SHALL GIVE, SELL, LOSE OR  OTHER-
WISE  CEASE  TO  POSSESS  THE REGISTERED FIREARM, THE REGISTERING OFFICE
SHALL BE MADE AWARE OF SUCH TERMINATION OF POSSESSION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04532-01-3

S. 805                              2

  5. WILLFUL FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL
BE A MISDEMEANOR.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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