Senate Bill S1713

2009-2010 Legislative Session

Requires sale or transfer of certain firearms between unlicensed persons shall be conducted through a licensed firearms dealer

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1713 (ACTIVE) - Details

See Assembly Version of this Bill:
A1186
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-eee, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S678, A360
2013-2014: S66

2009-S1713 (ACTIVE) - Summary

Requires sale or transfer of rifles and shotguns between unlicensed persons shall be conducted through a federally licensed firearms dealer; makes exceptions; provides penalties.

2009-S1713 (ACTIVE) - Sponsor Memo

2009-S1713 (ACTIVE) - Bill Text download pdf

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

                                  1713

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sens. SCHNEIDERMAN, ADAMS, DIAZ, DUANE, KRUEGER, PARKER,
  PERKINS, SAMPSON, STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation  to  the  sale  or
  transfer  of  a  rifle  or  a  shotgun  between unlicensed persons and
  providing penalties

  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
396-eee to read as follows:
  S  396-EEE.  SALE  OR  TRANSFER  OF CERTAIN WEAPONS BETWEEN UNLICENSED
PERSONS. 1. THE SALE OR OTHER TRANSFER OF RIFLES OR  SHOTGUNS,  AS  SUCH
TERMS  ARE  DEFINED  IN  SECTION 265.00 OF THE PENAL LAW, BETWEEN TWO OR
MORE UNLICENSED PERSONS SHALL BE CONDUCTED THROUGH A FEDERALLY  LICENSED
FIREARMS DEALER AND SHALL COMPLY WITH APPLICABLE FEDERAL AND STATE LAWS.
A  PERSON SHALL COMPLETE ANY SALE, LOAN, OR TRANSFER OF A RIFLE OR SHOT-
GUN THROUGH A PERSON LICENSED PURSUANT TO SECTION 400.00  OF  THE  PENAL
LAW  IN  ACCORDANCE  WITH  THIS SECTION. THE SELLER OR TRANSFEROR OR THE
PERSON LOANING THE RIFLE OR SHOTGUN SHALL DELIVER THE RIFLE  OR  SHOTGUN
TO  THE DEALER WHO SHALL RETAIN POSSESSION OF THAT RIFLE OR SHOTGUN. THE
DEALER SHALL THEN DELIVER THE RIFLE  OR  SHOTGUN  TO  THE  PURCHASER  OR
TRANSFEREE OR THE PERSON BEING LOANED THE RIFLE OR SHOTGUN, IF IT IS NOT
PROHIBITED BY ANY PROVISION OF LAW. IF THE DEALER CANNOT LEGALLY DELIVER
THE  RIFLE OR SHOTGUN TO THE PURCHASER OR TRANSFEREE OR THE PERSON BEING
LOANED THE RIFLE OR SHOTGUN, THE DEALER SHALL FORTHWITH, WITHOUT WAITING
FOR THE CONCLUSION OF ANY APPLICABLE WAITING PERIOD, RETURN THE RIFLE OR
SHOTGUN TO THE TRANSFEROR OR SELLER OR THE PERSON LOANING THE  RIFLE  OR
SHOTGUN.  THE DEALER SHALL NOT RETURN THE RIFLE OR SHOTGUN TO THE SELLER
OR TRANSFEROR OR THE PERSON LOANING THE RIFLE OR SHOTGUN WHEN TO  DO  SO
WOULD  CONSTITUTE  A  VIOLATION  OF  THE PENAL LAW. IF THE DEALER CANNOT
LEGALLY RETURN THE RIFLE OR SHOTGUN TO THE TRANSFEROR OR SELLER  OR  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01431-01-9
              

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