senate Bill S4256B

2013-2014 Legislative Session

Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 12, 2014 print number 4256b
amend and recommit to codes
Jan 09, 2014 print number 4256a
amend and recommit to codes
Jan 08, 2014 referred to codes
Mar 15, 2013 referred to codes

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4256 - Bill Details

See Assembly Version of this Bill:
A6389B
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L

S4256 - Bill Texts

view summary

Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts.

view sponsor memo
BILL NUMBER:S4256

TITLE OF BILL: An act to amend the penal law, in relation to certain
exemptions for licensed gunsmiths, manufacturers and dealers employed
in the fulfillment of government, law enforcement, or other state and
municipal contracts

PURPOSE: To create an exemption under state law for businesses or
companies that test firearms. This bill does not exempt companies
seeking to offer for-sale weapons, instruments, appliances or
substances within the state, where such sale is otherwise prohibited
by the state.

SUMMARY OF PROVISIONS:

Section 1. The bill amends Section 255.20 of the penal law making
technical corrections to include the new sections of law created by
SAFE Act. The bill also adds a new subparagraph, (d-l), creating an
exemption under state law for licensed gunsmiths, manufacturers, and
dealers not seeking to offer for-sale weapons, instruments, appliances
or substances within the state, where such sale is otherwise
prohibited by state law.

Paragraph (e) is amended to include law enforcement, state,
municipalities, or commercial contracts with licensed gunsmiths,
manufacturers and dealers in relation to when the possession of
firearms is necessary for the manufacture, transport, installation
and/or testing under the requirements of such contract.

Section 2. Effective Date

JUSTIFICATION: The newly interpreted definition by the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) has removed testing as
part of the manufacturing process. This has caused the possession of
firearms by a company, for testing purposes only, to fall out of the
current manufacturers exemption under state law. As the law currently
stands, manufacturers can legally manufacture firearms in the state,
but testing facilities can no long possess firearms to test the
firearms for safety or quality control.

This bill creates an exemption for companies that have contracts with
manufacturers for the sole purpose of testing firearms. This bill will
allow New York businesses who are currently involved in this business
to continue and keep jobs in New York State.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the same date and in
the same manner as section 58 of chapter 1 of the laws of 2013 takes
effect.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4256

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- 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  certain  exemptions  for
  licensed gunsmiths, manufacturers and dealers employed in the fulfill-
  ment  of  government,  law  enforcement,  or other state and municipal
  contracts

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

  Section  1.  The opening paragraph and paragraph 1 of subdivision a of
section 265.20 of the penal law, the opening  paragraph  as  amended  by
chapter  496 of the laws of 1991, paragraph 1 as amended by chapter 1041
of the laws of 1974, subparagraph (a) of paragraph 1 as amended by chap-
ter 141 of the laws of 1988, subparagraphs (b) and (c) of paragraph 1 as
added and subparagraphs (d) and (e) of  paragraph  1  as  relettered  by
chapter  843  of the laws of 1980 and subparagraph (f) of paragraph 1 as
amended by chapter 578 of the laws  of  2006,  are  amended  and  a  new
subparagraph (d-1) is added to read as follows:
  Sections  265.01,  265.01-B,  265.02,  265.03, 265.04, 265.05, 265.06,
265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05  shall
not apply to:
  1.  Possession  of  any  of  the  weapons,  instruments, appliances or
substances specified  in  sections  265.01,  265.01-B,  265.02,  265.03,
265.04,  265.05, 265.06, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
265.37 and 270.05 by the following:
  (a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess  the
same.
  (b)  Police  officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
  (c) Peace officers as defined by section 2.10 of the  criminal  proce-
dure law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09201-01-3

S. 4256                             2

  (d)  Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal  law,  regu-
lation or order to possess the same.
  (D-1)  LICENSED  GUNSMITHS,  MANUFACTURERS  AND DEALERS NOT SEEKING TO
OFFER FOR SALE WEAPONS, INSTRUMENTS, APPLIANCES OR SUBSTANCES WITHIN THE
STATE WHERE SUCH SALE IS OTHERWISE PROHIBITED BY STATE LAW.
  (e) Persons employed in fulfilling defense, LAW ENFORCEMENT, OR  OTHER
contracts  with  the  government  of  the United States, STATES, MUNICI-
PALITIES or agencies  thereof  OR  COMMERCIAL  CONTRACTS  WITH  LICENSED
GUNSMITHS,  MANUFACTURERS,  AND  DEALERS  when possession of the same is
necessary for manufacture, transport, installation and testing under the
requirements of such contract.
  (f) A person voluntarily surrendering such weapon, instrument,  appli-
ance  or  substance,  provided  that such surrender shall be made to the
superintendent of the division of  state  police  or  a  member  thereof
designated  by  such  superintendent, or to the sheriff of the county in
which such person resides, or in the county of Nassau or in the towns of
Babylon, 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 if such person  resides
in a city, town other than one named in this subparagraph, or village to
the police commissioner or head of the police force or department there-
of  or to a member of the force or department designated by such commis-
sioner or head; and provided, further, that the same  shall  be  surren-
dered by such person in accordance with such terms and conditions as may
be  established by such superintendent, sheriff, police force or depart-
ment. Nothing in this paragraph shall be construed as granting  immunity
from  prosecution  for  any  crime  or  offense  except that of unlawful
possession  of  such  weapons,  instruments,  appliances  or  substances
surrendered  as herein provided. A person who possesses any such weapon,
instrument, appliance or substance as an executor  or  administrator  or
any  other  lawful possessor of such property of a decedent may continue
to possess such property for a period not over  fifteen  days.  If  such
property  is  not  lawfully disposed of within such period the possessor
shall deliver it to an appropriate official described in this  paragraph
or such property may be delivered to the superintendent of state police.
Such  officer shall hold it and shall thereafter deliver it on the writ-
ten request of such executor, administrator or other lawful possessor of
such property to a named person, provided such named person is  licensed
to or is otherwise lawfully permitted to possess the same. If no request
to  deliver the property is received by such official within one year of
the delivery of such property, such official  shall  dispose  of  it  in
accordance with the provisions of section 400.05 of this chapter.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as section 58 of chapter 1 of the laws of 2013, takes effect.

S4256A - Bill Details

See Assembly Version of this Bill:
A6389B
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L

S4256A - Bill Texts

view summary

Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts.

view sponsor memo
BILL NUMBER:S4256A

TITLE OF BILL: An act to amend the penal law, in relation to certain
exemptions for licensed gunsmiths, manufacturers and dealers employed
in the fulfillment of government, law enforcement, or other state and
municipal contracts

PURPOSE: To create an exemption under state law for businesses or
companies that test firearms. This bill does not exempt companies
seeking to offer for-sale weapons, instruments, appliances or
substances within the state, where such sale is otherwise prohibited
by the state.

SUMMARY OF PROVISIONS:

Section 1. The bill amends Section 265.20 of the penal law making
technical corrections to include the new sections of law created by
SAFE Act. The bill also adds a new subparagraph, (d-l), creating an
exemption under state law for licensed gunsmiths, manufacturers, and
dealers not seeking to offer for-sale weapons, instruments, appliances
or substances within the state, where such sale is otherwise
prohibited by state law.

Paragraph (e) is amended to include law enforcement, state,
municipalities, or commercial contracts with licensed gunsmiths,
manufacturers and dealers in relation to when the possession of
firearms is necessary for the manufacture, transport, installation
and/or testing under the requirements of such contract.

Section 2. Effective Date

JUSTIFICATION: The newly interpreted definition by the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) has removed testing as
part of the manufacturing process. This has caused the possession of
firearms by a company, for testing purposes only, to fall out of the
current manufacturers exemption under state law. As the law currently
stands, manufacturers can legally manufacture firearms in the state,
but testing facilities can no long possess firearms to test the
firearms for safety or quality control.

This bill creates an exemption for companies that have contracts with
manufacturers for the sole purpose of testing firearms. This bill will
allow New York businesses who are currently involved in this business
to continue and keep jobs in New York State.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the same date and in
the same manner as section 58 of chapter 1 of the laws of 2013 takes
effect.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4256--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- 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 penal law, in relation to certain exemptions for
  licensed gunsmiths, manufacturers and dealers employed in the fulfill-
  ment of government, law enforcement,  or  other  state  and  municipal
  contracts

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

  Section 1. The opening paragraph and paragraph 1 of subdivision  a  of
section  265.20  of  the  penal law, the opening paragraph as amended by
section 1 of part FF of chapter 57 of the laws of 2013, paragraph  1  as
amended  by  chapter 1041 of the laws of 1974, subparagraph (a) of para-
graph 1 as amended by chapter 141 of the laws of 1988, subparagraphs (b)
and (c) of paragraph 1 as added and subparagraphs (d) and (e)  of  para-
graph  1  as  relettered by chapter 843 of the laws of 1980 and subpara-
graph (f) of paragraph 1 as amended by chapter 578 of the laws of  2006,
are amended and a new subparagraph (d-1) is added to read as follows:
  Paragraph (h) of subdivision twenty-two of section 265.00 and sections
265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
265.04,  265.05, 265.06, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
265.37 and 270.05 shall not apply to:
  1. Possession of  any  of  the  weapons,  instruments,  appliances  or
substances  specified  in  sections  265.01,  265.01-B,  265.02, 265.03,
265.04, 265.05, 265.06, 265.10, 265.11, 265.12, 265.13, 265.15,  265.36,
265.37 and 270.05 by the following:
  (a) Persons in the military service of the state of New York when duly
authorized  by regulations issued by the adjutant general to possess the
same.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09201-02-4

S. 4256--A                          2

  (b) Police officers as defined in subdivision thirty-four  of  section
1.20 of the criminal procedure law.
  (c)  Peace  officers as defined by section 2.10 of the criminal proce-
dure law.
  (d) Persons in the military or other service of the United States,  in
pursuit  of  official duty or when duly authorized by federal law, regu-
lation or order to possess the same.
  (D-1) LICENSED GUNSMITHS, MANUFACTURERS AND  DEALERS  NOT  SEEKING  TO
OFFER FOR SALE WEAPONS, INSTRUMENTS, APPLIANCES OR SUBSTANCES WITHIN THE
STATE WHERE SUCH SALE IS OTHERWISE PROHIBITED BY STATE LAW.
  (e)  Persons employed in fulfilling defense, LAW ENFORCEMENT, OR OTHER
contracts with the government of  the  United  States,  STATES,  MUNICI-
PALITIES  or  agencies  thereof  OR  COMMERCIAL  CONTRACTS WITH LICENSED
GUNSMITHS, MANUFACTURERS, AND DEALERS when possession  of  the  same  is
necessary for manufacture, transport, installation and testing under the
requirements of such contract.
  (f)  A person voluntarily surrendering such weapon, instrument, appli-
ance or substance, provided that such surrender shall  be  made  to  the
superintendent  of  the  division  of  state  police or a member thereof
designated by such superintendent, or to the sheriff of  the  county  in
which such person resides, or in the county of Nassau or in the towns of
Babylon,  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 if such person resides
in a city, town other than one named in this subparagraph, or village to
the police commissioner or head of the police force or department there-
of or to a member of the force or department designated by such  commis-
sioner  or  head;  and provided, further, that the same shall be surren-
dered by such person in accordance with such terms and conditions as may
be established by such superintendent, sheriff, police force or  depart-
ment.  Nothing in this paragraph shall be construed as granting immunity
from prosecution for any  crime  or  offense  except  that  of  unlawful
possession  of  such  weapons,  instruments,  appliances  or  substances
surrendered as herein provided. A person who possesses any such  weapon,
instrument,  appliance  or  substance as an executor or administrator or
any other lawful possessor of such property of a decedent  may  continue
to  possess  such  property  for a period not over fifteen days. If such
property is not lawfully disposed of within such  period  the  possessor
shall  deliver it to an appropriate official described in this paragraph
or such property may be delivered to the superintendent of state police.
Such officer shall hold it and shall thereafter deliver it on the  writ-
ten request of such executor, administrator or other lawful possessor of
such  property to a named person, provided such named person is licensed
to or is otherwise lawfully permitted to possess the same. If no request
to deliver the property is received by such official within one year  of
the  delivery  of  such  property,  such official shall dispose of it in
accordance with the provisions of section 400.05 of this chapter.
  S 2. This act shall take effect immediately.

S4256B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6389B
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L

S4256B (ACTIVE) - Bill Texts

view summary

Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts.

view sponsor memo
BILL NUMBER:S4256B

TITLE OF BILL: An act to amend the penal law, in relation to certain
exemptions for licensed gunsmiths, manufacturers and dealers employed
in the fulfillment of government, law enforcement, or other state and
municipal contracts

PURPOSE: To create an exemption under state law for businesses or
companies that test firearms. This bill does not exempt companies
seeking to offer for-sale weapons, instruments, appliances or
substances within the state, where such sale is otherwise prohibited
by the state.

SUMMARY OF PROVISIONS:

Section 1. The bill amends Section 265.20 of the penal law making
technical corrections to include the new sections of law created by
SAFE Act. The bill also adds a new subparagraph, (d-l), creating an
exemption under state law for licensed gunsmiths, manufacturers, and
dealers not seeking to offer for-sale weapons, instruments, appliances
or substances within the state, where such sale is otherwise
prohibited by state law.

Paragraph (e) is amended to include law enforcement, state,
municipalities, or commercial contracts with licensed gunsmiths,
manufacturers and dealers in relation to when the possession of
firearms is necessary for the manufacture, transport, installation
and/or testing under the requirements of such contract.

Section 2. Effective Date

JUSTIFICATION: The newly interpreted definition by the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) has removed testing as
part of the manufacturing process. This has caused the possession of
firearms by a company, for testing purposes only, to fall out of the
current manufacturers exemption under state law. As the law currently
stands, manufacturers can legally manufacture firearms in the state,
but testing facilities can no long possess firearms to test the
firearms for safety or quality control.

This bill creates an exemption for companies that have contracts with
manufacturers for the sole purpose of testing firearms. This bill will
allow New York businesses who are currently involved in this business
to continue and keep jobs in New York State.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4256--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- 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 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation  to  certain  exemptions  for
  licensed gunsmiths, manufacturers and dealers employed in the fulfill-
  ment  of  government,  law  enforcement,  or other state and municipal
  contracts

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

  Section  1.  The opening paragraph and paragraph 1 of subdivision a of
section 265.20 of the penal law, the opening  paragraph  as  amended  by
section  1  of part FF of chapter 57 of the laws of 2013, paragraph 1 as
amended by chapter 1041 of the laws of 1974, subparagraph (a)  of  para-
graph 1 as amended by chapter 141 of the laws of 1988, subparagraphs (b)
and  (c)  of paragraph 1 as added and subparagraphs (d) and (e) of para-
graph 1 as relettered by chapter 843 of the laws of  1980  and  subpara-
graph  (f) of paragraph 1 as amended by chapter 578 of the laws of 2006,
are amended to read as follows:
  Paragraph (h) of subdivision twenty-two of section 265.00 and sections
265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15,  265.36,  265.37
and 270.05 shall not apply to:
  1.  Possession  of  any  of  the  weapons,  instruments, appliances or
substances specified in sections 265.01, 265.02, 265.03, 265.04,  265.05
and 270.05 by the following:
  (a) Persons in the military service of the state of New York when duly
authorized  by regulations issued by the adjutant general to possess the
same.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09201-05-4

S. 4256--B                          2

  (b) Police officers as defined in subdivision thirty-four  of  section
1.20 of the criminal procedure law.
  (c)  Peace  officers as defined by section 2.10 of the criminal proce-
dure law.
  (d) Persons in the military or other service of the United States,  in
pursuit  of  official duty or when duly authorized by federal law, regu-
lation or order to possess the same.
  (D-1) LICENSED GUNSMITHS, MANUFACTURERS AND  DEALERS  NOT  SEEKING  TO
OFFER FOR SALE WEAPONS, INSTRUMENTS, APPLIANCES OR SUBSTANCES WITHIN THE
STATE WHERE SUCH SALE IS OTHERWISE PROHIBITED BY STATE LAW.
  (e)  Persons employed in fulfilling defense, LAW ENFORCEMENT, OR OTHER
contracts with the government of  the  United  States,  STATES,  MUNICI-
PALITIES  or  agencies  thereof  OR  COMMERCIAL  CONTRACTS WITH LICENSED
GUNSMITHS, MANUFACTURERS, AND DEALERS when possession  of  the  same  is
necessary for manufacture, transport, installation and testing under the
requirements of such contract.
  (f)  A person voluntarily surrendering such weapon, instrument, appli-
ance or substance, provided that such surrender shall  be  made  to  the
superintendent  of  the  division  of  state  police or a member thereof
designated by such superintendent, or to the sheriff of  the  county  in
which such person resides, or in the county of Nassau or in the towns of
Babylon,  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 if such person resides
in a city, town other than one named in this subparagraph, or village to
the police commissioner or head of the police force or department there-
of or to a member of the force or department designated by such  commis-
sioner  or  head;  and provided, further, that the same shall be surren-
dered by such person in accordance with such terms and conditions as may
be established by such superintendent, sheriff, police force or  depart-
ment.  Nothing in this paragraph shall be construed as granting immunity
from prosecution for any  crime  or  offense  except  that  of  unlawful
possession  of  such  weapons,  instruments,  appliances  or  substances
surrendered as herein provided. A person who possesses any such  weapon,
instrument,  appliance  or  substance as an executor or administrator or
any other lawful possessor of such property of a decedent  may  continue
to  possess  such  property  for a period not over fifteen days. If such
property is not lawfully disposed of within such  period  the  possessor
shall  deliver it to an appropriate official described in this paragraph
or such property may be delivered to the superintendent of state police.
Such officer shall hold it and shall thereafter deliver it on the  writ-
ten request of such executor, administrator or other lawful possessor of
such  property to a named person, provided such named person is licensed
to or is otherwise lawfully permitted to possess the same. If no request
to deliver the property is received by such official within one year  of
the  delivery  of  such  property,  such official shall dispose of it in
accordance with the provisions of section 400.05 of this chapter.
  S 2. This act shall take effect immediately.

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