NY State Senate Bill 2009-S308

Senate Bill S308

2009-2010 Legislative Session

Exempts wholesale distributors from complying with the provisions of the pistol and revolver ballistic identification databank

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jan 07, 2009	referred to consumer protection

2009-S308 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §396-ff, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S178

2009-S308 (ACTIVE) - Summary

Exempts wholesale distributors from complying with the provisions of the pistol and revolver ballistic identification databank; defines a wholesale distributor as a person, firm or corporation that sells or distributes pistols, revolvers or ammunition only to licensed dealers, law enforcement or government agencies.

2009-S308 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S308

 TITLE OF BILL :
An act to amend the general business law, in relation to exempting
wholesale distributors from complying with the provisions of the
pistol and revolver ballistic identification databank


 PURPOSE :
To define a "wholesale distributor" and exempt them from complying
with the provisions of the pistol and revolver ballistic
identification system.

 SUMMARY OF PROVISIONS :
Section 1. Subdivision 1, of section 396-ff of the general business
law, as added by chapter 189 of the laws of 2000, are amended to
define a "Wholesale Distributor" as any person, firm or corporation
possessing valid federal and state licenses that permits such person,
firm or corporation to engage in the business of selling or
distributing pistols or revolvers or ammunition and such person, firm
or corporation sells or distributes pistols, revolvers or ammunition
only to licensed dealers, law enforcement or government agencies.

Section 1.  Subdivisions 3, 4 and 5 of Section 396-ff of the general
business law, as added by chapter 189 of the laws of 2000, are amended
to exempt a "Wholesale Distributor" from complying with the provisions

of Section 396-ff of the general business law.

 JUSTIFICATION :
Out of state distributors are profiting at the expense of law abiding
citizens employed in the firearms industry in New York State.  Out of
state distributors are selling non-compliant guns into New York State
because they feel that they have little risk of being prosecuted by
the State misdemeanor violations.  What this means is that employees
of New York distributors are being punished by a law that was not
supposed to harm law abiding citizens in New York State.  Legal
counsel for the New York distributors have advised their clients not
to sell non-compliant guns to dealers in New York even though the law
allows the dealers to have those guns made compliant.  This has caused
the firearms industry in New York to be unable to participate in
hundreds of thousands of dollars in sales since the law's inception.

 PRIOR LEGISLATIVE HISTORY :
S.7099 of 2002: Referred to Consumer Protection
S.931 of 2003/2004: Referred to Consumer Protection
S.18 of 2005/2006: Referred to Consumer Protection
S.24 of 2007-2008: Referred to Consumer Protection

 FISCAL IMPLICATIONS :
Positive to the State, as there will be an increase in the number of
licenses that are issued.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S308 (ACTIVE) - Bill Text download pdf

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

                                   308

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  exempting
  wholesale  distributors  from  complying  with  the  provisions of the
  pistol and revolver ballistic identification databank

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

  Section 1. Subdivisions 1, 3, 4 and 5 of section 396-ff of the general
business  law,  as added by chapter 189 of the laws of 2000, are amended
to read as follows:
  (1) For the purposes of this section, the following terms  shall  have
the following meanings:
  (a)  "Manufacturer" means any person, firm or corporation possessing a
valid federal license that permits such person, firm or  corporation  to
engage  in the business of manufacturing pistols or revolvers or ammuni-
tion therefor for the purpose of sale or distribution.
  (b) "Shell casing" means that part of ammunition capable of being used
in a pistol or revolver that contains the primer and  propellant  powder
to discharge the bullet or projectile.
  (C)  "WHOLESALE  DISTRIBUTOR"  MEANS  ANY  PERSON, FIRM OR CORPORATION
POSSESSING VALID FEDERAL AND STATE LICENSES THAT  PERMITS  SUCH  PERSON,
FIRM OR CORPORATION TO ENGAGE IN THE BUSINESS OF SELLING OR DISTRIBUTING
PISTOLS  OR REVOLVERS OR AMMUNITION AND SUCH PERSON, FIRM OR CORPORATION
SELLS OR DISTRIBUTES PISTOLS, REVOLVERS OR AMMUNITION ONLY  TO  LICENSED
DEALERS, LAW ENFORCEMENT OR GOVERNMENT AGENCIES.
  (3)  A  gunsmith  or dealer in firearms licensed in this state, EXCEPT
FOR A WHOLESALE DISTRIBUTOR, shall, within ten days of  the  receipt  of
any pistol or revolver from a manufacturer that fails to comply with the
provisions of this section, either (a) return such pistol or revolver to
such  manufacturer,  or  (b) notify the division of state police of such

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

                                                           LBD01158-01-9

S. 308                              2

noncompliance  and  thereafter  obtain  a  substitute  sealed  container
through  participation  in  a  program  operated  by the state police as
provided in subdivision four of this section.
  (4)  The  division  of state police shall no later than October first,
two thousand, promulgate rules and regulations for the  operation  of  a
program  which  provides  a gunsmith or a dealer in firearms licensed in
this state, EXCEPT FOR A WHOLESALE DISTRIBUTOR, with a sealed  container
enclosing  the  items  specified in subdivision two of this section. The
program shall at a minimum:
  (a) be operational by January first, two thousand one;
  (b) operate in at least five regional locations within the state; and
  (c) specify procedures by which such gunsmith or dealer is to  deliver
a  pistol or revolver to the regional program location closest to his or
her place of business for testing and prompt return of  such  pistol  or
revolver.
  (5)  On  and after March first, two thousand one, a gunsmith or dealer
in firearms licensed in this state, EXCEPT FOR A WHOLESALE  DISTRIBUTOR,
shall,  within ten days of delivering to any person a pistol or revolver
received by such gunsmith or dealer in firearms on or after  such  date,
forward  to the division of state police, along with the original trans-
action report required by subdivision twelve of section  400.00  of  the
penal  law,  the  sealed  container enclosing the shell casing from such
pistol or revolver either (a) received from  the  manufacturer,  or  (b)
obtained  through  participation in the program operated by the division
of state police in accordance with subdivision four of this section.
  S 2. This act shall take effect immediately.

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