S T A T E O F N E W Y O R K
________________________________________________________________________
2884
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. KOON, ENGLEBRIGHT, DESTITO -- Multi-Sponsored by
-- M. of A. BRADLEY, GALEF -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to prohibiting the sale of
guns at a gun show located on public property
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 265.45 to
read as follows:
S 265.45 ILLEGAL SALE OF A GUN AT A GUN SHOW LOCATED ON PUBLIC PROPERTY.
A PERSON IS GUILTY OF ILLEGAL SALE OF A GUN AT A GUN SHOW LOCATED ON
PUBLIC PROPERTY WHEN HE OR SHE SELLS, TRANSFERS, EXCHANGES, GIVES OR
DISPOSES OF A RIFLE, SHOTGUN OR FIREARM AT A GUN SHOW WHERE THE GUN SHOW
IS LOCATED ON PROPERTY OWNED BY THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF.
FOR PURPOSES OF THIS SECTION, "GUN SHOW" SHALL MEAN ANY EVENT AT WHICH
TWENTY OR MORE GUNS ARE OFFERED OR EXHIBITED FOR SALE, TRANSFER OR
EXCHANGE AND AT WHICH THREE OR MORE PERSONS ARE OFFERING OR EXHIBITING
ONE OR MORE GUNS FOR SALE, TRANSFER, OR EXCHANGE.
ILLEGAL SALE OF A GUN AT A GUN SHOW LOCATED ON PUBLIC PROPERTY IS A
CLASS A MISDEMEANOR.
S 2. Subdivision 8 of section 400.00 of the penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
8. License: exhibition and display. Every licensee while carrying a
pistol or revolver shall have on his or her person a license to carry
the same. Every person licensed to possess a pistol or revolver on
particular premises shall have the license for the same on such prem-
ises. Upon demand, the license shall be exhibited for inspection to any
peace officer, who is acting pursuant to his or her special duties, or
police officer. A license as gunsmith or dealer in firearms shall be
prominently displayed on the licensed premises. A gunsmith or dealer of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02346-01-9
A. 2884 2
firearms may conduct business temporarily at a location other than the
location specified on the license if such temporary location is the
location for a gun show or event NOT LOCATED ON PROPERTY OWNED BY THE
STATE OR ANY POLITICAL SUBDIVISION THEREOF sponsored by any national,
state, or local organization, or any affiliate of any such organization
devoted to the collection, competitive use or other sporting use of
firearms. Any sale or transfer at a gun show must also comply with the
provisions of article thirty-nine-DD of the general business law.
Records of receipt and disposition of firearms transactions conducted at
such temporary location shall include the location of the sale or other
disposition and shall be entered in the permanent records of the
gunsmith or dealer of firearms and retained on the location specified on
the license. Nothing in this section shall authorize any licensee to
conduct business from any motorized or towed vehicle. A separate fee
shall not be required of a licensee with respect to business conducted
under this subdivision. Any inspection or examination of inventory or
records under this section at such temporary location shall be limited
to inventory consisting of, or records related to, firearms held or
disposed at such temporary locations. Failure of any licensee to so
exhibit or display his or her license, as the case may be, shall be
presumptive evidence that he or she is not duly licensed.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.