senate Bill S41A

2013-2014 Legislative Session

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 print number 41a
amend (t) and recommit to codes
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S41 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Ren Art 40 §§900 & 901 to be Art 50 §§1001 & 1002, add Art 40 §§900 - 911, amd §396-ee, Gen Bus L; amd §400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S965
2009-2010: S1715A

S41 - Summary

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training  (view more) prohibits straw purchases; imposes additional license conditions.

S41 - Sponsor Memo

S41 - Bill Text download pdf

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

                                   41

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the general business law and the penal law, in  relation
  to preventing the sale of firearms, rifles, and shotguns to criminals

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

  Section 1. Legislative findings and declaration. The legislature here-
by finds and declares as follows:
  1. Firearms, rifles and shotguns are used to kill nearly 30,000  indi-
viduals  in the United States every year, including 1,000 individuals in
New York state alone. Additionally, there are 100,000 non-fatal injuries
across the country. The federal  government  has  largely  ignored  this
public  health  crisis and has left it up to state and local governments
to protect its citizens. Firearm violence also costs millions of dollars
and causes  incalculable  emotional  damage,  devastating  families  and
communities  throughout  the country.   Therefore, the state of New York
has a strong interest in reducing violence and crimes that  involve  the
use  of  firearms  and the illegal trafficking of firearms. Illegal guns
obtained throughout the state end up in the hands  of  criminals,  youth
and violent individuals who use them to threaten, maim and kill.
  2. There is a thriving underground market for illegal firearms, large-
ly  driven by demand from drug gangs and other criminals. A highly effi-
cient and continuous business practice  exists  in  which  firearms  are
moved  from  legal manufacture and sale to prohibited purchasers, making
them illegal firearms. In 2001, approximately 12,000  illegal  firearms,
rifles  and  shotguns were seized in New York state.  From November 2000
to April 2002, 2,700 crime guns were entered into the  state  crime  gun
database.  In 2008, according to a review by the federal bureau of alco-
hol,  tobacco, firearms, and explosives (ATF) of trace data compiled for
several regions in the  state,  including  Albany,  Buffalo,  Rochester,

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

S41A (ACTIVE) - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Ren Art 40 §§900 & 901 to be Art 50 §§1001 & 1002, add Art 40 §§900 - 911, amd §396-ee, Gen Bus L; amd §400.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S965
2009-2010: S1715A

S41A (ACTIVE) - Summary

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training  (view more) prohibits straw purchases; imposes additional license conditions.

S41A (ACTIVE) - Sponsor Memo

S41A (ACTIVE) - Bill Text download pdf

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

                                  41--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the general business law and the penal law, in relation
  to preventing the sale of firearms, rifles and shotguns to criminals

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

  Section 1. Legislative findings and declaration. The legislature here-
by finds and declares as follows:
  1.  Firearms, rifles and shotguns are used to kill nearly 30,000 indi-
viduals in the United States every year, including 1,000 individuals  in
New York state alone. Additionally, there are 100,000 non-fatal injuries
across  the  country.  The  federal  government has largely ignored this
public health crisis and has left it up to state and  local  governments
to protect its citizens. Firearm violence also costs millions of dollars
and  causes  incalculable  emotional  damage,  devastating  families and
communities throughout the country.  Therefore, the state  of  New  York
has  a  strong interest in reducing violence and crimes that involve the
use of firearms and the illegal trafficking of  firearms.  Illegal  guns
obtained  throughout  the  state end up in the hands of criminals, youth
and violent individuals who use them to threaten, maim and kill.
  2. There is a thriving underground market for illegal firearms, large-
ly driven by demand from drug gangs and other criminals. A highly  effi-
cient  and  continuous  business  practice  exists in which firearms are
moved from legal manufacture and sale to prohibited  purchasers,  making
them  illegal  firearms. In 2001, approximately 12,000 illegal firearms,
rifles and shotguns were seized in New York state.   From November  2000
to  April  2002,  2,700 crime guns were entered into the state crime gun

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

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