|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 30, 2014||referred to codes|
senate Bill S7132
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7132 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Penal Law
- Laws Affected:
- Add §§265.50 & 400.15, amd §§265.20, 265.17 & 400.00, Pen L; add Art 38-B §§825 - 828, Gen Bus L
S7132 - Summary
Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more than 1 firearm during any period of 30 days; implements a 10-day waiting period.
S7132 - Sponsor Memo
BILL NUMBER:S7132 TITLE OF BILL: An act to amend the penal law, in relation to the unlawful procurement of a firearm; to amend the general business law, in relation to establishing a waiting period for the purchase of a firearm; and to amend the penal law, in relation to requiring licensed firearms businesses to report the crime of criminal purchase of a weapon and requiring background checks for employees who would be authorized to possess or transfer firearms PURPOSE: The purpose of this act is to impose a 10-day waiting period prior to the sale of any firearm, to prohibit the purchase of more than 1 firearm during any period of 30-days, to require licensed gunsmiths or firearms dealers to report to law enforcement any instance in which a would-be purchaser of a firearm fails a background check through the National Instant Criminal Background Check System (NICS), and to require that all employees for gunsmiths or dealers whose duties include handling, selling, or otherwise disposing of firearms pass such a background check, thus: (a) improving public safety by giving law enforcement officials sufficient time to conduct a background check on prospective purchasers; (b) eliminating opportunities for impulsive acts of violence; (c) helping to prevent gun traffickers from buying guns in bulk and reselling them to prohibited purchasers; (d) reducing the number of guns entering the illegal market; and (e) stemming the illegal flow of firearms between states.
S7132 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7132 I N S E N A T E April 30, 2014 ___________ Introduced by Sen. GIANARIS -- 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 the unlawful procurement of a firearm; to amend the general business law, in relation to estab- lishing a waiting period for the purchase of a firearm; and to amend the penal law, in relation to requiring licensed firearms businesses to report the crime of criminal purchase of a weapon and requiring background checks for employees who would be authorized to possess or transfer firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 265.50 to read as follows: S 265.50 UNLAWFUL PROCUREMENT OF A FIREARM. A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN: 1. HE OR SHE PURCHASES OR TAKES POSSESSION OF MORE THAN ONE FIREARM FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR 2. BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A FIREARM TO ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM DURING THE PREVIOUS THIRTY DAYS. UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR. S 2. Section 265.20 of the penal law is amended by adding a new subdi- vision f to read as follows: F. SECTION 265.50 OF THIS ARTICLE SHALL NOT APPLY TO: 1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS OFFICER ACTING WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT OR OFFICIAL DUTIES; 2. A UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF THE UNITED STATES OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED TO POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES; 3. LICENSED FIREARMS MANUFACTURERS, IMPORTERS OR DEALERS, WHILE ENGAGED IN THE COURSE AND SCOPE OF THEIR ACTIVITIES AS LICENSEES, PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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