NY State Senate Bill 2013-S2825

Senate Bill S2825

2013-2014 Legislative Session

Provides a prohibition on the exchange of firearms, rifles or shotguns by second-hand dealers

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Archive: Last Bill Status - In Senate Committee Consumer Protection 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2013	referred to consumer protection

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2013-S2825 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §392-j, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S4207

2013-S2825 (ACTIVE) - Summary

Provides a prohibition on the exchange of firearms, rifles or shotguns by second-hand dealers; exempts antique firearms, rifles or shotguns as defined in federal law.

2013-S2825 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2825

TITLE OF BILL:
An act
to amend the general business law, in relation to the exchange of
firearms, rifles and shotguns by second-hand dealers

PURPOSE:
To stem the illegal flow of firearms by prohibiting the sale or
exchange of firearms by secondhand dealers.

SUMMARY OF PROVISIONS:

Section 1 defines certain terms.

Section 2 prohibits second-hand dealers from buying, selling, trading,
bartering, or exchanging firearms, rifles, or shotguns.

Section 3 establishes the civil penalties for violation of the law.

JUSTIFICATION:
A recent investigation by staff found that handguns that were" being
sold at pawn shops were offered for sale without necessary
protections found at first-hand gun dealers. Investigators were told
that they could buy handguns even if they were unable to pass the
screening required before the purchase of such a gun.

This same investigations also found that handguns at pawnshops were
not a well protected as those sold at other gun stores. During the
freak winter storm that hit Buffalo in October 2006, people were
walking away with armloads of guns because security measure which
should have been in place were not. That means that guns are being
put into the hand of thieves.

In a third incident, a criminal, James Kopp killed Dr. Bernard Slepian
using a gum purchased at a pawnshop. This easy theft, which
ultimately resulted in a murder, is the type of action this bill
seeks to prevent.

LEGISLATIVE HISTORY:
04/20/07 A.7628 REVISED
6/12/07 Referred to Economic Development
01/09/08 Referred to Economic Development
01/07/09 Referred to Economic Development
01/06/10 Referred to Economic Development
S.4207 03/23/11 - Referred to Consumer Protection
S.4207 01/04/12 - Referred to Consumer Protection

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
Immediately following enactment.

2013-S2825 (ACTIVE) - Bill Text download pdf

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

                                  2825

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 exchange of
  firearms, rifles and shotguns by second-hand dealers

  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
392-j to read as follows:
  S  392-J.  SECOND-HAND  DEALERS;  PROHIBITION ON EXCHANGE OF FIREARMS,
RIFLES OR SHOTGUNS. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "SECOND-HAND DEALERS" SHALL MEAN ANY  PERSON,  FIRM,  PARTNERSHIP,
CORPORATION  OR ASSOCIATION WHO, EITHER WHOLLY OR IN PART, ENGAGES IN OR
OPERATES THE TRADE OR BUSINESS OF BUYING, SELLING, TRADING, BARTERING OR
EXCHANGING SECOND-HAND PERSONAL ITEMS.
  (B) "FIREARM" HAS THE SAME MEANING AS  THAT  TERM  IS  DEFINED  IN  18
U.S.C.    921(A)(3),  BUT SHALL NOT INCLUDE AN "ANTIQUE FIREARM" AS THAT
TERM IS DEFINED IN 18 U.S.C. 921(A)(16).
  (C) "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN 18  U.S.C.
921(A)(7).
  (D)  "SHOTGUN"  HAS  THE  SAME  MEANING  AS THAT TERM IS DEFINED IN 18
U.S.C.  921(A)(5).
  2. SECOND-HAND DEALERS ARE PROHIBITED FROM BUYING,  SELLING,  TRADING,
BARTERING OR EXCHANGING FIREARMS, RIFLES OR SHOTGUNS.
  3. VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY OF
NOT  MORE  THAN ONE HUNDRED DOLLARS FOR THE FIRST OFFENSE, NOT MORE THAN
TWO HUNDRED FIFTY DOLLARS FOR THE SECOND OFFENSE AND NOT MORE THAN  FIVE
HUNDRED DOLLARS FOR ANY SUBSEQUENT OFFENSE.
  4.  NOTHING  IN  THIS  SECTION SHALL APPLY TO FIREARM DEALERS LICENSED
UNDER FEDERAL LAW.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06066-01-3

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Senate Bill S2825

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Sponsored By

Eric Adams