senate Bill S7834

2011-2012 Legislative Session

Prohibits the purchase of more than 1 firearm during any period of 30 days

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Sponsored By

Archive: Last Bill Status -


  • 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
Aug 13, 2012 referred to rules

Co-Sponsors

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S7834 - Details

Law Section:
Penal Law
Laws Affected:
Add §§265.45 & 400.15, amd §265.20, Pen L

S7834 - Summary

Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more that 1 firearm during any period of 30 days.

S7834 - Sponsor Memo

S7834 - Bill Text download pdf

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

                                  7834

                            I N  S E N A T E

                             August 13, 2012
                               ___________

Introduced  by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, HASSELL-
  THOMPSON, KRUEGER, MONTGOMERY, OPPENHEIMER, PERKINS, RIVERA,  SERRANO,
  STAVISKY  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Rules

AN ACT to amend the penal law, in relation to the  unlawful  procurement
  of a firearm

  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 265.45 to
read as follows:
S 265.45 UNLAWFUL PROCUREMENT OF A FIREARM.
  A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN:
  1. HE OR SHE PURCHASES OR TAKES POSSESSION OF MORE  THAN  ONE  FIREARM
FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR
  2.  BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A FIREARM
TO ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM  DURING
THE PREVIOUS THIRTY DAYS.
  UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR.
  S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
  E. SECTION 265.45 OF THIS ARTICLE SHALL NOT APPLY TO:
  1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS
OFFICER  ACTING  WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT OR
OFFICIAL DUTIES;
  2. A UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF  THE  UNITED
STATES  OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED TO
POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES;
  3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
ENGAGED  IN  THE  COURSE  AND  SCOPE  OF  THEIR ACTIVITIES AS LICENSEES,
PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;
  4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR
REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK
FROM SUCH A GUNSMITH;

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

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