senate Bill S678

2011-2012 Legislative Session

Requires sale or transfer of certain firearms between unlicensed persons shall be conducted through a licensed firearms dealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Mar 08, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to consumer protection
Jan 05, 2011 referred to consumer protection

S678 - Bill Details

See Assembly Version of this Bill:
A360
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add ยง396-eee, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S1713, A1186

S678 - Bill Texts

view summary

Requires sale or transfer of rifles and shotguns between unlicensed persons shall be conducted through a federally licensed firearms dealer; makes exceptions; provides penalties.

view sponsor memo
BILL NUMBER:S678

TITLE OF BILL:
An act
to amend the general business law, in relation to the sale or transfer
of a rifle or a shotgun between unlicensed persons and providing
penalties

PURPOSE:
To require the sale or transfer of certain weapons between unlicensed
persons to be conducted through a federally licensed firearm dealer.

SUMMARY OF PROVISIONS:
Section one adds a new section 396-eee to the general business law and
requires any sale or transfer of a rifle or shotgun to be conducted
through a federally licensed firearms dealer. This section provides
for the return of the firearm to the appropriate party, designated
within this section, should transfer of the firearm constitute a
violation of the penal law. This section does not apply to the sale
or transfer of firearms in three specified situations. A violation of
this section shall result in a class A misdemeanor pursuant to
section 265.17 of the penal law.

Section two defines the date of enactment as the first of November
following the date on which this act shall become a law.

JUSTIFICATION:
Currently, the unregulated secondary market provides an easy avenue
for prohibited persons to obtain weapons from places such as
newspaper ads, garage sales and flea markets. This legislation would
require that a background check be performed by a licensed firearms
dealer before a firearm is resold in New York State, thus potentially
reducing violent crime. There is similar legislation in California,
Rhode Island and the District of Columbia, as well as in New York
City, Chicago, Omaha, Nebraska and Columbus, Ohio. In addition, in
its 2007 report, the International Association of Chiefs of Police
recommended requiring background checks prior to third party
transfers to reduce gun violence.

LEGISLATIVE HISTORY:
2009 - Referred to Consumer Protection
2008 - Referred to Consumer Protection
2007 - Referred to Consumer Protection

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November following enactment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   678

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. PERALTA -- 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  the  sale  or
  transfer  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  OR  TRANSFER  OF CERTAIN WEAPONS BETWEEN UNLICENSED
PERSONS. 1. THE SALE OR OTHER TRANSFER 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, LOAN, OR TRANSFER OF A RIFLE OR SHOT-
GUN THROUGH A PERSON LICENSED PURSUANT TO SECTION 400.00  OF  THE  PENAL
LAW  IN  ACCORDANCE  WITH  THIS SECTION. THE SELLER OR TRANSFEROR OR THE
PERSON LOANING 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  OR
TRANSFEREE OR THE PERSON BEING LOANED THE RIFLE OR SHOTGUN, IF IT IS NOT
PROHIBITED BY ANY PROVISION OF LAW. IF THE DEALER CANNOT LEGALLY DELIVER
THE  RIFLE OR SHOTGUN TO THE PURCHASER OR TRANSFEREE OR THE PERSON BEING
LOANED 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 TRANSFEROR OR SELLER OR THE PERSON LOANING THE  RIFLE  OR
SHOTGUN.  THE DEALER SHALL NOT RETURN THE RIFLE OR SHOTGUN TO THE SELLER
OR TRANSFEROR OR THE PERSON LOANING 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 TRANSFEROR OR SELLER  OR  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00323-01-1

S. 678                              2

PERSON  LOANING  THE  RIFLE  OR SHOTGUN, 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 MUNICIPAL 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 OR OTHER TRANSFER OF RIFLES OR SHOTGUNS IN ANY  OF
THE FOLLOWING SITUATIONS:
  A.  THE PERSON TRANSFERRING THE RIFLE OR SHOTGUN OR THE PERSON ACQUIR-
ING THE RIFLE OR SHOTGUN IS  A  LICENSED  FIREARMS  DEALER  PURSUANT  TO
FEDERAL LAW.
  B.  THE  RIFLE  OR  SHOTGUN ACQUIRED 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 ACQUIRING THE RIFLE OR SHOTGUN IS AUTHORIZED TO DO SO ON
BEHALF OF A LAW ENFORCEMENT AGENCY.
  2.  AN  UNLICENSED PERSON WHO SELLS OR TRANSFERS A SHOTGUN OR RIFLE TO
ANOTHER UNLICENSED PERSON, OR AN UNLICENSED PERSON WHO ACQUIRES A  RIFLE
OR  SHOTGUN FROM ANOTHER UNLICENSED PERSON, WITHOUT THE SALE OR TRANSFER
CONDUCTED BY A FEDERALLY 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  OR  TRANSFERS A RIFLE OR SHOTGUN TO ANOTHER
PERSON, WHO THE TRANSFEROR 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 or transferred on or after such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.