S T A T E O F N E W Y O R K
________________________________________________________________________
5951
2013-2014 Regular Sessions
I N A S S E M B L Y
March 11, 2013
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Introduced by M. of A. CORWIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to authorizing the transfer
of certain weapons from an estate to an immediate member of the
decedent's family
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (g) of subdivision 22 of section 265.00 of the
penal law is amended by adding a new subparagraph (vii) to read as
follows:
(VII) ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT TO
SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS CHAPTER PRIOR TO SUCH
PERSON'S DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN IMMEDI-
ATE FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION. FOR PURPOSES OF THIS
SUBPARAGRAPH, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE;
S 2. Paragraph (h) of subdivision 22 of section 265.00 of the penal
law, as added by chapter 1 of the laws of 2013, is amended to read as
follows:
(h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
and any large capacity ammunition feeding device that was legally
possessed by an individual prior to the enactment of the chapter of the
laws of two thousand thirteen which added this paragraph, may only be
sold to, exchanged with or disposed of to a purchaser authorized to
possess such weapons or to an individual or entity outside of the state
provided that any such transfer to an individual or entity outside of
the state must be reported to the entity wherein the weapon is regis-
tered within seventy-two hours of such transfer. An individual who
transfers any such weapon or large capacity ammunition device to an
individual inside New York state or without complying with the
provisions of this paragraph shall be guilty of a class A misdemeanor
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08192-01-3
A. 5951 2
unless such large capacity ammunition feeding device, the possession of
which is made illegal by the chapter of the laws of two thousand thir-
teen which added this paragraph, is transferred within one year of the
effective date of the chapter of the laws of two thousand thirteen which
added this paragraph.
(II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION
THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
TO HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH INDIVIDUAL
TO ONE OF HIS OR HER IMMEDIATE FAMILY MEMBERS. FOR PURPOSES OF THIS
SUBPARAGRAPH, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE.
S 3. This act shall take effect on the same date and in the same
manner as subdivision d of section 58 of chapter 1 of the laws of 2013,
takes effect.