Assembly Bill A355

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • 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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2011-A355 (ACTIVE) - Details

See Senate Version of this Bill:
S4207
Law Section:
General Business Law
Laws Affected:
Add ยง392-j, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1084
2013-2014: S2825

2011-A355 (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.

2011-A355 (ACTIVE) - Bill Text download pdf 

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

                                   355

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. HOYT, J. RIVERA, PEOPLES-STOKES, MARKEY, LAVINE
  -- Multi-Sponsored by -- M.  of  A.  BOYLAND,  BRENNAN,  BROOK-KRASNY,
  COOK,  GLICK,  GOTTFRIED, V. LOPEZ, PHEFFER, ROSENTHAL, TOWNS, WEISEN-
  BERG -- read once and referred to the Committee on  Economic  Develop-
  ment, 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.
                                                           LBD01093-01-1

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