senate Bill S6263

2011-2012 Legislative Session

Requires convicted felons to apply for a permt to purchase, carry, possess, repair and dispose of rifles and/or shotguns

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 18, 2012 referred to codes

Co-Sponsors

S6263 - Bill Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §400.03, Pen L

S6263 - Bill Texts

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Requires convicted felons to apply for a permit to purchase, carry, possess, repair and dispose of rifles and/or shotguns.

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BILL NUMBER:S6263

TITLE OF BILL:
An act
to amend the penal law, in relation to purchase and possession of rifles
and shotguns by convicted felons

PURPOSE OR GENERAL IDEA OF BILL:
To require persons convicted of a felony to apply for a shotgun and or
a rifle to a licensing officer in order to purchase, carry, possess,
repair or dispose of rifles and or shotguns.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the Penal Law by adding a new section
400.03. Part 1 of new section 400.03 requires a person who is
convicted of a felony to apply to a licensing officer in their city
or county where they preside in order to purchase, carry, possess,
repair or dispose of rifles and or shotguns.

Part 2 of section 400.03 establishes that the application for the
license shall be in the same form as prescribed by section 400.00 of
the Penal Law.

JUSTIFICATION:
This bill is necessary to insure that the application for the
registration of shotguns and rifles by convicted felons are reviewed
by a qualified licensing officer who can assess if the applicant
should be able to purchase, carry, possess, repair or dispose of
rifles and or shotguns.

This bill proposes to amend §265.00 (11) and (12) of the Penal Law to
define a rifle or shotgun as a "firearm" and requiring persons
convicted of a felony to apply for a permit from their applicable law
enforcement jurisdiction for the purchase, exchange, possession or
use of an operable rifle or shot gun (as defined in §10.00(8)).

Currently, with the exception of New York City, there is no
requirement for any person to acquire a permit to purchase, register,
license or permit to carry a rifle or a shotgun. This amendment does
not seek to infringe upon the constitutional rights guaranteed by
Article 2, Section 4 of the New York Civil Rights Law which provides
for a "well regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms." However,
it does seek to limit access to any "firearm" to a convicted felon by
requiring the submission of an application for a permit to purchase,
exchange, posses or use an operable rifle or shotgun.

The impact of such an enacted law would require the judicial system to
make the determination in each case.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect 180 days after it shall become law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implantation of this act on its
effective date are authorized and directed to be made and completed
on or before such effective date.

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

                                  6263

                            I N  S E N A T E

                            January 18, 2012
                               ___________

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

AN ACT to amend the penal law, in relation to purchase and possession of
  rifles and shotguns by convicted felons

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

  Section 1. The penal law is amended by adding a new section 400.03  to
read as follows:
S 400.03 LICENSES TO CARRY, POSSESS, REPAIR AND DISPOSE OF RIFLES AND/OR
           SHOTGUNS BY CONVICTED FELONS.
  1.  ANY  PERSON  CONVICTED  OF  A  FELONY  ANYWHERE SHALL APPLY TO THE
LICENSING OFFICER IN THE CITY OR COUNTY, AS THE CASE MAY BE,  WHERE  THE
APPLICANT  RESIDES,  IS PRINCIPALLY EMPLOYED OR HAS HIS OR HER PRINCIPAL
PLACE OF BUSINESS AS MERCHANT OR STOREKEEPER, FOR A LICENSE TO PURCHASE,
CARRY, POSSESS, REPAIR OR DISPOSE OF RIFLES AND/OR SHOTGUNS.
  2. THE APPLICATION FOR THE LICENSE REQUIRED PURSUANT TO  THIS  SECTION
SHALL  BE IN THE SAME FORM AND MANNER AS PRESCRIBED BY SECTION 400.00 OF
THIS ARTICLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13739-01-1

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