|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|May 03, 2013||referred to codes|
senate Bill S4995
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4995 (ACTIVE) - Details
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.
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
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
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