Senate Bill S2374

2009-2010 Legislative Session

Provides for a temporary commission to study the proper safe and secure storage and display of guns at licensed dealerships

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Archive: Last Bill Status - In Senate Committee Finance 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Feb 19, 2009	referred to finance

2009-S2374 (ACTIVE) - Details

See Assembly Version of this Bill:: A497
Current Committee:: Senate Finance
Law Section:: Homeland Security

2009-S2374 (ACTIVE) - Summary

Provides for a temporary commission to study the proper safe and secure storage and display of guns at licensed dealerships.

2009-S2374 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2374

 TITLE OF BILL :
An act to create a temporary state commission to study the safe and
secure storage of guns at dealerships and providing for the repeal of
such provisions upon expiration thereof

 PURPOSE :
To create a temporary commission to study the proper safe and secure
storage of guns at licensed dealerships.

 SUMMARY OF PROVISIONS :
Section 1 establishes that the commission shall make a complete study
and investigation of the problems associated with maintaining safety
and security of guns that are stored and displayed at any place guns
are sold.

Section 2 establishes that the commission shall consist of seven
members including two recommendations from both the temporary
president of the senate and the speaker of the assembly, and one
recommendation each from the senate minority leader and the assembly
minority leader. The governor shall appoint the seventh member, who
shall be the chair of the commission.

Sections three through eight establish the powers and parameters of
the commission as well as providing the commission with necessary

resources and stipulating that the commission submit a report to the
legislature including its findings as well as its recommendations no
later than June 30, 2008.

 EXISTING LAW :
One of the purposes of this commission is to research existing laws
regulating the storage of guns, as well as the extent to which these
laws have been enforced.

 JUSTIFICATION :
The reasons to study this issue are clear. In the fall of last year,
Ralph "Bucky" Phillips who killed one State Trooper and seriously
injured another, allegedly broke into a gun shop and walked away with
what was described as an "arsenal" of weapons. In another incident,
during the freak winter storm that hit Buffalo last October, people
broke into an inner city pawn shop and were seen walking away with
armloads of guns because of insufficient security measures.

On the national level, the Brady Campaign has determined that theft
from dealers who lack adequate security systems is one of the ways
that guns enter the illegal market. Because of this, the Brady
campaign has long been supporting both industry and government
regulations for security systems at gun dealerships. As these recent
tragedies clearly demonstrate, New York State's existing laws and/or
law enforcement are not doing enough to ensure the safety of New
Yorkers and keep guns out of the wrong hands.

Because of the seriousness of this problem, as well as the extensive
amounts of research and expertise required, a commission of experts is
necessary in order to generate effective and fair regulations for
security standards.

 LEGISLATIVE HISTORY :
S.5424/A.8254 of 2007-08

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately following enactment.

2009-S2374 (ACTIVE) - Bill Text download pdf

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

                                  2374

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to create a temporary state commission  to  study  the  safe  and
  secure  storage of guns at dealerships and providing for the repeal of
  such provisions upon expiration thereof

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

  Section  1. A temporary state commission, to be known as the temporary
state commission on the safe and secure storage of guns at  dealerships,
is  hereby  created  to  make  a complete study and investigation of the
problems associated with maintaining safety and security  of  guns  that
are stored and displayed at licensed dealerships.
  S  2.  a.  Such  commission  shall consist of a total of seven members
appointed by the governor. Two such appointments shall be upon recommen-
dation of the temporary president of the senate, two  such  appointments
shall  be  upon  recommendation of the speaker of the assembly, one such
appointment shall be upon recommendation of the minority leader  of  the
senate,  and  one  such  appointment shall be upon recommendation of the
minority leader of the assembly. The remaining appointment shall be made
by the governor and shall be the chair of the commission.  Four  members
of  the  commission shall constitute a quorum for the transaction of any
business of the commission.
  b. No member, officer or employee of the commission shall be disquali-
fied from holding any other public office or employment, nor shall he or
she forfeit any such office or  employment  by  reason  of  his  or  her
appointment  hereunder,  notwithstanding  the provisions of any general,
special or local law, ordinance or city charter.
  S 3. The office of homeland security shall provide the commission such
facilities and assistance as will enable the commission to carry out its
powers and duties. Additionally, all other departments  or  agencies  of
the  state  or  subdivisions thereof shall, at the request of the chair,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02848-01-9

S. 2374                             2

provide the commission such facilities, assistance,  and  data  as  will
enable the commission to carry out its powers and duties.
  S  4.  The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  S 5. The commission may employ and at pleasure remove  such  personnel
as  it  may  deem necessary for the performance of its functions and fix
their compensation within the amounts made  available  by  appropriation
therefor.   The commission may meet and hold public and/or private hear-
ings within or without the state, and shall have all  the  powers  of  a
legislative committee pursuant to the legislative law.
  S  6.  For the accomplishment of its purposes, the commission shall be
authorized and empowered to undertake any studies, inquiries, surveys or
analyses it may deem relevant through its own personnel  or  in  cooper-
ation with or by agreement with any other public or private agency.
  S  7.  a. The commission shall make a report of its findings including
detailing the problems associated with the safe and secure  storage  and
display  of  guns  and  ammunition in licensed dealerships; and possible
solutions for the problem of licensed gun dealerships  inadvertent  loss
of  guns and ammunition through robbery or theft of inventory including,
but not limited to, the feasibility of requiring secure storage  facili-
ties,  the  feasibility of immediate reporting requirements beyond local
law enforcement, and the feasibility of continued tracking of such weap-
ons and ammunition.
  b. The commission shall submit such report developed by it,  including
any  recommendations for legislative action as it may deem necessary and
appropriate, to the governor, the temporary president of the senate  and
the speaker of the assembly no later than June 30, 2010.
  S 8. This act shall take effect immediately and shall continue in full
force  and  effect  until  December  31,  2010  when  upon such date the
provisions of this act shall expire and be deemed repealed.

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Senate Bill S2374

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2009-S2374 (ACTIVE) - Details

2009-S2374 (ACTIVE) - Summary

2009-S2374 (ACTIVE) - Sponsor Memo

2009-S2374 (ACTIVE) - Bill Text download pdf

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Sponsored By

Frank Padavan

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2009-S2374 (ACTIVE) - Details

2009-S2374 (ACTIVE) - Summary

2009-S2374 (ACTIVE) - Sponsor Memo

2009-S2374 (ACTIVE) - Bill Text download pdf

Comments