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Assembly Bill A1084

2009-2010 Legislative Session

Provides a prohibition on the exchange of firearms, rifles or shotguns by second-hand dealers

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Archive: Last Bill Status - In Assembly Committee

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2009-A1084 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add ยง392-j, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A355

2009-A1084 (ACTIVE) - Summary

Provides a prohibition on the exchange of firearms, rifles or shotguns by second-hand dealers; exempts antique firearms, rifles or shotguns as defined in federal law.

2009-A1084 (ACTIVE) - Bill Text download pdf 

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

                                  1084

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  HOYT,  J. RIVERA, TOWNSEND, PEOPLES, MARKEY,
  EDDINGTON, LAVINE -- Multi-Sponsored by -- M. of A. BOYLAND,  BRENNAN,
  BROOK-KRASNY,  COOK,  DIAZ,  GLICK,  GOTTFRIED,  JOHN, KOON, V. LOPEZ,
  PHEFFER, ROSENTHAL, TOWNS, WEISENBERG -- read once and referred to the
  Committee on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the general business law, in relation to the exchange of
  firearms, rifles and shotguns by second-hand dealers

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

  Section 1. The general business law is amended by adding a new section
392-j to read as follows:
  S  392-J.  SECOND-HAND  DEALERS;  PROHIBITION ON EXCHANGE OF FIREARMS,
RIFLES OR SHOTGUNS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "SECOND-HAND DEALERS" SHALL MEAN ANY  PERSON,  FIRM,  PARTNERSHIP,
CORPORATION  OR ASSOCIATION WHO, EITHER WHOLLY OR IN PART, ENGAGES IN OR
OPERATES THE TRADE OR BUSINESS OF BUYING, SELLING, TRADING, BARTERING OR
EXCHANGING SECOND-HAND PERSONAL ITEMS.
  (B) "FIREARM" HAS THE SAME MEANING AS  THAT  TERM  IS  DEFINED  IN  18
U.S.C.    921(A)(3),  BUT SHALL NOT INCLUDE AN "ANTIQUE FIREARM" AS THAT
TERM IS DEFINED IN 18 U.S.C. 921(A)(16).
  (C) "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN 18  U.S.C.
921(A)(7).
  (D)  "SHOTGUN"  HAS  THE  SAME  MEANING  AS THAT TERM IS DEFINED IN 18
U.S.C.  921(A)(5).
  2. SECOND-HAND DEALERS ARE PROHIBITED FROM BUYING,  SELLING,  TRADING,
BARTERING OR EXCHANGING FIREARMS, RIFLES OR SHOTGUNS.
  3. VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY OF
NOT  MORE  THAN ONE HUNDRED DOLLARS FOR THE FIRST OFFENSE, NOT MORE THAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02866-01-9

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