|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|
senate Bill S678
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S678 - Details
S678 - 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.
S678 - Bill 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.
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