Assembly Bill A362

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

                                   362

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PAULIN, SCHIMEL, BING, DINOWITZ, GALEF, JAFFEE,
  MAISEL, PEOPLES-STOKES, ROSENTHAL, KAVANAGH -- Multi-Sponsored  by  --
  M. of A. BOYLAND, BRENNAN, CAMARA, CLARK, COOK, CYMBROWITZ, GOTTFRIED,
  HOOPER, MARKEY, MAYERSOHN, McENENY, MILLMAN, ORTIZ, PHEFFER, ROBINSON,
  TOWNS,  WEISENBERG  --  read  once  and  referred  to the Committee on
  Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the general business law, in relation to the sale  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 OF CERTAIN WEAPONS BETWEEN UNLICENSED PERSONS. 1.  THE
SALE  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
OF A RIFLE OR SHOTGUN THROUGH A  PERSON  LICENSED  PURSUANT  TO  SECTION
400.00  OF  THE PENAL LAW IN ACCORDANCE WITH THIS SECTION. THE SELLER OF
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 OF THE RIFLE OR SHOT-
GUN, IF IT IS NOT PROHIBITED BY ANY PROVISION  OF  LAW.  IF  THE  DEALER
CANNOT  LEGALLY  DELIVER  THE  RIFLE  OR SHOTGUN TO THE PURCHASER OF 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  SELLER OF THE RIFLE OR SHOTGUN. THE DEALER SHALL NOT RETURN THE
RIFLE OR SHOTGUN TO THE SELLER OF 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 SELLER OF THE RIFLE OR  SHOT-

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

                                                           LBD00325-01-1

A. 362                              2

GUN, THEN THE DEALER SHALL FORTHWITH DELIVER THE RIFLE OR SHOTGUN TO THE
SHERIFF  OF THE COUNTY OR THE CHIEF OF POLICE OR OTHER HEAD OF A MUNICI-
PAL POLICE DEPARTMENT OF ANY CITY OR CITY  AND  COUNTY  WHO  SHALL  THEN
DISPOSE  OF THE FIREARM IN THE MANNER PROVIDED BY SUCH MUNICIPALITY. THE
FEDERALLY LICENSED FIREARMS DEALER MAY CHARGE  A  TRANSFER  FEE  NOT  TO
EXCEED TEN DOLLARS. THIS SECTION DOES NOT APPLY TO THE SALE OF RIFLES OR
SHOTGUNS IN ANY OF THE FOLLOWING SITUATIONS:
  A.  THE  PERSON  SELLING THE RIFLE OR SHOTGUN OR THE PERSON PURCHASING
THE RIFLE OR SHOTGUN IS A LICENSED FIREARMS DEALER PURSUANT  TO  FEDERAL
LAW.
  B.  THE  RIFLE  OR  SHOTGUN  BOUGHT  IS AN ANTIQUE RIFLE OR SHOTGUN, A
COLLECTOR'S ITEM, A DEVICE WHICH IS NOT DESIGNED OR REDESIGNED  FOR  USE
AS  A  RIFLE  OR SHOTGUN, A DEVICE WHICH IS DESIGNED SOLELY FOR USE AS A
SIGNALING, PYROTECHNIC, LINE-THROWING, SAFETY OR SIMILAR  DEVICE,  OR  A
RIFLE  OR  SHOTGUN  WHICH  IS UNSERVICEABLE BY REASON OF BEING UNABLE TO
DISCHARGE A SHOT BY MEANS OF AN EXPLOSIVE  AND  IS  INCAPABLE  OF  BEING
READILY RESTORED TO A FIRING CONDITION.
  C.  THE  PERSON PURCHASING THE RIFLE OR SHOTGUN IS AUTHORIZED TO DO SO
ON BEHALF OF A LAW ENFORCEMENT AGENCY.
  D. THE PERSON PURCHASING THE RIFLE OR SHOTGUN FROM THE  SELLER  IS  AN
IMMEDIATE  FAMILY  MEMBER  OF  SUCH  PERSON, WHICH SHALL INCLUDE SPOUSE;
NATURAL AND ADOPTIVE PARENTS, CHILDREN AND SIBLINGS; STEPPARENTS,  STEP-
CHILDREN  AND STEPSIBLINGS; FATHERS-IN-LAW, MOTHERS-IN-LAW, BROTHERS-IN-
LAW, SISTERS-IN-LAW, SONS-IN-LAW AND DAUGHTERS-IN-LAW; AND  GRANDPARENTS
AND GRANDCHILDREN.
  2.  AN UNLICENSED PERSON WHO SELLS A SHOTGUN OR RIFLE TO ANOTHER UNLI-
CENSED PERSON, OR AN UNLICENSED PERSON WHO PURCHASES A RIFLE OR  SHOTGUN
FROM  ANOTHER  UNLICENSED PERSON, WITHOUT THE SALE CONDUCTED BY A FEDER-
ALLY LICENSED FIREARMS DEALER, SHALL BE GUILTY OF A CLASS A  MISDEMEANOR
PURSUANT TO SECTION 265.17 OF THE PENAL LAW.
  3.  A  PERSON  WHO SELLS A RIFLE OR SHOTGUN TO ANOTHER PERSON, WHO THE
SELLER KNOWS OR  HAS  REASON  TO  KNOW  IS  PROHIBITED  FROM  POSSESSING
FIREARMS, RIFLES OR SHOTGUNS UNDER FEDERAL OR STATE LAW, SHALL BE GUILTY
OF A CLASS A MISDEMEANOR PURSUANT TO SECTION 265.17 OF THE PENAL LAW.
  S 2. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
firearms sold on or after such date.