NY State Senate Bill 2013-S4995

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
May 03, 2013	referred to codes

2013-S4995 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1004
2017-2018: S1669
2019-2020: S536
2021-2022: S1719
2023-2024: S248
2025-2026: S638

2013-S4995 (ACTIVE) - Summary

Relates to gun buy back programs; requires entities operating such programs to check the serial number of all firearms obtained against the NYSPIN records and to obtain the express permission of the lawful owner of any firearm found to be stolen before the destruction thereof.

2013-S4995 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4995

TITLE OF BILL:  An act to amend the penal law, in relation to gun
buyback programs

PURPOSE:

This legislation would require that all firearms obtained through a
private or governmental "gun buyback program" be checked against the
New York Statewide Police Information Network (NYSPIN) to insure the
firearms have not been reported as stolen.

SUMMARY OF PROVISIONS:

Paragraph (a) (i) requires that the serial numbers of every firearm
obtained through a gun buyback program be cross-referenced with the
NYSPIN records of stolen firearms before being destroyed. This section
allows for the firearm to be destroyed only after obtaining the
express permission of the lawful owner and requires the firearm to be
returned if the lawful owner does not give express permission to
destroy the firearm. Paragraph (a) (ii) sets out that before a stolen
firearm can be returned, it must be determined that the lawful owner
is eligible to possess such firearm. If it is determined that the
lawful owner is not eligible to possess the stolen firearm, then the
firearm can be destroyed even without the express consent of the
lawful owner. Paragraph (b) sets out the definition of a "gun buyback

program" for purposes of this section.

JUSTIFICATION:

Currently, there is no requirement that private or governmental
entities running "gun buyback programs" need to check the recovered
weapons prior to disposing of them. The purpose of these gun buyback
programs is to try to get guns off the streets and out of the hands of
criminals. However, we do not want these programs to encourage the
theft of lawfully owned firearms. In order to ensure that the guns
turned in are either unaccounted for or returned by their lawful
owner, this legislation would require that the serial numbers of the
guns be cross-referenced with NYSPIN, which already keeps a record of
firearms reported as stolen.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become law; provided, however. that
effective immediately, any rules and regulations necessary to
implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.

2013-S4995 (ACTIVE) - Bill Text download pdf

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

                                  4995

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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 gun buyback programs

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

  Section  1.  Subdivision  1  of  section  400.05  of the penal law, as
amended by chapter 350 of the laws of 1986, is amended and a new  subdi-
vision 7 is added to read as follows:
  1. Any weapon, instrument, appliance or substance specified in article
two hundred sixty-five OF THIS CHAPTER, when unlawfully possessed, manu-
factured, transported or disposed of, or when utilized in the commission
of  an  offense, is hereby declared a nuisance. When the same shall come
into the possession of any police officer or peace officer, it shall  be
surrendered immediately to the official mentioned in [paragraph] SUBPAR-
AGRAPH  (f)  of  [subdivision] PARAGRAPH one OF SUBDIVISION A of section
265.20 OF THIS CHAPTER, except that such weapon,  instrument,  appliance
or  substance  coming  into  the possession of the state police shall be
surrendered to the superintendent of state police.
  7. (A) ANY PRIVATE OR GOVERNMENTAL  ENTITY  OPERATING  A  GUN  BUYBACK
PROGRAM SHALL:
  (I)  REQUIRE  THAT THE SERIAL NUMBER OF EVERY FIREARM OBTAINED BY SUCH
GUN BUYBACK PROGRAM IS CHECKED AGAINST THE  NEW  YORK  STATEWIDE  POLICE
INFORMATION  NETWORK  (NYSPIN)  RECORDS OF STOLEN FIREARMS AND, IF IT IS
FOUND THAT ANY SUCH FIREARM IS A STOLEN FIREARM, THAT THE FIREARM IS NOT
DESTROYED WITHOUT THE EXPRESS PERMISSION OF THE LAWFUL OWNER THEREOF AND
THAT IF THE LAWFUL OWNER OF THE FIREARM DOES NOT GIVE EXPRESS PERMISSION
FOR THE FIREARM TO BE DESTROYED, THAT THE FIREARM  IS  RETURNED  TO  ITS
LAWFUL OWNER;
  (II)  PRIOR TO RETURNING A STOLEN FIREARM TO A LAWFUL OWNER, DETERMINE
WHETHER OR NOT THE LAWFUL OWNER IS ELIGIBLE TO POSSESS A  FIREARM  UNDER
THIS  CHAPTER.  IF  THE  LAWFUL  OWNER  OF  THE FIREARM IS INELIGIBLE TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05650-01-3

S. 4995                             2

POSSESS A FIREARM UNDER THIS  CHAPTER,  THE  ENTITY  OPERATING  THE  GUN
BUYBACK  PROGRAM  MAY DESTROY THE FIREARM IN COMPLIANCE WITH SUBDIVISION
TWO OF THIS SECTION.
  (B)  FOR  THE PURPOSES OF THIS SECTION, THE TERM "GUN BUYBACK PROGRAM"
SHALL MEAN ANY PROGRAM IN WHICH FIREARMS, MACHINE-GUNS OR AMMUNITION ARE
PURCHASED BY OR SURRENDERED TO THE SUPERINTENDENT  OF  THE  DIVISION  OF
STATE  POLICE  OR A MEMBER THEREOF DESIGNATED BY SUCH SUPERINTENDENT, OR
TO A COUNTY SHERIFF, OR IN THE COUNTY OF NASSAU OR IN THE TOWNS OF BABY-
LON, BROOKHAVEN, HUNTINGTON,  ISLIP  AND  SMITHTOWN  IN  THE  COUNTY  OF
SUFFOLK  TO THE COMMISSIONER OF POLICE OR A MEMBER OF THE POLICE DEPART-
MENT THEREOF DESIGNATED BY SUCH COMMISSIONER, OR TO THE  POLICE  COMMIS-
SIONER OR HEAD OF THE POLICE FORCE OR DEPARTMENT OF ANY CITY, TOWN OTHER
THAN  ONE  NAMED IN THIS PARAGRAPH, OR VILLAGE THEREOF OR TO A MEMBER OF
THE FORCE OR DEPARTMENT DESIGNATED BY SUCH COMMISSIONER OR HEAD.
  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. Effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such date.

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Senate Bill S4995

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Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2013-S4995 (ACTIVE) - Details

2013-S4995 (ACTIVE) - Summary

2013-S4995 (ACTIVE) - Sponsor Memo

2013-S4995 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2013-S4995 (ACTIVE) - Details

2013-S4995 (ACTIVE) - Summary

2013-S4995 (ACTIVE) - Sponsor Memo

2013-S4995 (ACTIVE) - Bill Text download pdf

Comments