senate Bill S6536

2013-2014 Legislative Session

Authorizes the possession of a handgun being sold by a dealer in firearms upon the premises of such dealer

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 04, 2014 referred to codes

S6536 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง265.20, Pen L

S6536 - Bill Texts

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Authorizes the possession of a handgun being sold by a dealer in firearms upon the premises of such dealer.

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BILL NUMBER:S6536

TITLE OF BILL: An act to amend the penal law, in relation to
possession of pistols and revolvers being offered for sale upon the
premises of a dealer in firearms

PURPOSE: Authorizes the holding of an unloaded pistol or revolver
being offered for sale upon the premises of a dealer in firearms by
persons without a NYS Pistol license.

SUMMARY OF PROVISIONS:

Section 1: Amends Section 265.20 of the penal law by adding a new
subdivision f authorizing persons 21 years of age or older, or
eighteen years of age or older having been honorable discharged from
the US military, to possess an unloaded pistol or revolver being
offered for sale upon the premises of a dealer in firearms.

Section 2: Effective Date

EXISTING LAW: Under current law it is a felony for someone to hold a
handgun without a valid NYS Pistol license.

JUSTIFICATION: This legislation would allow a prospective gun buyer,
in a licensed firearm dealership, to handle an unloaded firearm
without a pistol permit.

Under current law, a first time gun buyer cannot hold or even touch
the gun they plan on purchasing, even though they are required to
choose a gun before they get their pistol permit. Current law, then,
essentially forces individuals to buy and get permitted for a firearm
they've never even touched or held. The law is therefore unworkable
since it ignores the fact that individuals have different size hands,
firearm preferences, and that guns come in many different sizes,
weights, and shapes.

This legislation would correct this problem by allowing individuals in
licensed firearm dealerships to handle an unloaded firearm without a
pistol permit. In recognition of New York's stringent gun control
laws, this legislation would require that the gun be unloaded and that
a prospective gun buyer be 21 years of age or older (or eighteen years
of age or older with an honorable discharge from the U.S, Military)
and hand the seller a proper form of identification.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

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

                                  6536

                            I N  S E N A T E

                            February 4, 2014
                               ___________

Introduced  by  Sen.  LARKIN -- 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 possession of pistols  and
  revolvers  being  offered  for  sale  upon the premises of a dealer in
  firearms

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

  Section  1. Section 265.20 of the penal law is amended by adding a new
subdivision f to read as follows:
  F. 1. EXCEPT IN CITIES NOT WHOLLY CONTAINED WITHIN A SINGLE COUNTY  OF
THE  STATE  SUBDIVISION  ONE  OF  SECTION  265.01 AND SUBDIVISION ONE OF
SECTION 265.01-B OF THIS ARTICLE SHALL NOT APPLY TO THE POSSESSION OF AN
UNLOADED PISTOL OR REVOLVER UPON THE PREMISES OF A  DEALER  IN  FIREARMS
WHO  IS LAWFULLY ENGAGED IN THE SALE OR OFFERING FOR SALE OF SUCH PISTOL
OR REVOLVER BY A PERSON WHO IS:
  (A) TWENTY-ONE YEARS OF AGE OR OLDER,  AND  NOT  OTHERWISE  PROHIBITED
FROM POSSESSING A FIREARM; OR
  (B)  EIGHTEEN  YEARS  OF AGE OR OLDER HAVING BEEN HONORABLY DISCHARGED
FROM THE UNITED STATES ARMY, NAVY, MARINE  CORPS,  AIR  FORCE  OR  COAST
GUARD, OR FROM ACTIVE SERVICE IN A FORCE OF THE ORGANIZED MILITIA OF THE
STATE,  AS  DEFINED  IN SECTION ONE OF THE MILITARY LAW, AS EVINCED BY A
DD-214 OR OTHER SIMILAR PROOF OF MILITARY SERVICE.
  2. POSSESSION OF AN UNLOADED PISTOL OR REVOLVER SHALL ONLY BE  GRANTED
BY A DEALER IN FIREARMS, OR HIS OR HER AGENT, UPON PRESENTATION OF SUIT-
ABLE  PHOTOGRAPH  IDENTIFICATION  AND PROOF OF AGE. THE DEALER OR HIS OR
HER AGENT SHALL MAINTAIN CUSTODY OF SUCH IDENTIFICATION AND PROOF OF AGE
WHILE THE PERSON, WHO IS NOT AUTHORIZED TO POSSESS A PISTOL OR  REVOLVER
PURSUANT  TO  SUBDIVISION  A  OF  THIS  SECTION,  HAS  POSSESSION OF THE
UNLOADED PISTOL OR REVOLVER UPON THE DEALER'S PREMISES.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11748-03-3

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