S T A T E   O F   N E W   Y O R K
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                                  2400

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, DINOWITZ, ORTIZ, ABINANTI, JAFFEE --
  Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ, GALEF, GOTTFRIED --
  read once and referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to labeling of certain ship-
  ments of firearms, rifles and shotguns and reporting certain  informa-
  tion

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

  Section 1. Paragraph 9 of subdivision a of section 265.20 of the penal
law, as amended by chapter 1041 of the laws of 1974, is amended to  read
as follows:
  9.  The  regular  and  ordinary  transport of firearms as merchandise,
provided that the person transporting such firearms,  where  he  OR  SHE
knows  or  has reasonable means of ascertaining what he OR SHE is trans-
porting, CARRIES IN HIS OR HER POSSESSION A MANIFEST WHICH  CLEARLY  AND
CONSPICUOUSLY  SHOWS  THE  NAME AND ADDRESS OF THE SHIPPER, THE SHIPPING
NUMBER, MAKE, MODEL AND MANUFACTURER'S NAME OF EACH FIREARM, THE  SERIAL
NUMBER  FOR  EACH FIREARM SOLD OR EXCHANGED ON THE INTERNET AND INFORMA-
TION IDENTIFYING THE INTERNET WEBSITE OF THE SELLER OF SUCH FIREARM, AND
THE NAME AND ADDRESS OF THE CONSIGNEE AND THE PLACE OF DELIVERY, AND  HE
OR  SHE  notifies  in  writing  the police commissioner, police chief or
other law enforcement officer performing such functions at the place  of
delivery AND THE SUPERINTENDENT OF STATE POLICE, of the name and address
of  the SHIPPER AND consignee [and], the place of delivery, THE SHIPPING
NUMBER, MAKE, MODEL AND MANUFACTURER'S NAME OF EACH FIREARM, THE  SERIAL
NUMBER  FOR  EACH FIREARM SOLD OR EXCHANGED ON THE INTERNET AND INFORMA-
TION IDENTIFYING THE INTERNET WEBSITE OF THE SELLER OF SUCH FIREARM, and
withholds delivery to the consignee for such reasonable period  of  time
designated in writing by such police commissioner, police chief or other
law  enforcement  officer AND THE SUPERINTENDENT OF STATE POLICE as such
official  may  deem  necessary  for  investigation  as  to  whether  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06424-01-5
              

A. 2400                             2

consignee  may  lawfully  receive  and possess such firearms. THE PERSON
TRANSPORTING SUCH FIREARMS SHALL PRODUCE SUCH MANIFEST FOR INSPECTION AT
THE REQUEST OF A PEACE OFFICER, ACTING PURSUANT TO HIS  OR  HER  SPECIAL
DUTIES,  A  POLICE  OFFICER  OR  ANY  OTHER  PERSON AUTHORIZED BY LAW TO
INQUIRE INTO OR INVESTIGATE THE TRANSPORTATION OF FIREARMS.
  S 2. The penal law is amended by adding a new section 265.50  to  read
as follows:
S  265.50  TRANSPORTATION  OF RIFLES OR SHOTGUNS; MANIFEST AND REPORTING
             REQUIRED.
  EVERY PERSON TRANSPORTING RIFLES OR SHOTGUNS AS  MERCHANDISE  INTO  OR
WITHIN ANY JURISDICTION IN THIS STATE WHICH REQUIRES A PERMIT OR LICENSE
TO PURCHASE, CARRY OR POSSESS A RIFLE OR SHOTGUN:
  1.  SHALL  NOT  ACCEPT  FOR  SUCH  TRANSPORT ANY RIFLES OR SHOTGUNS AS
MERCHANDISE WHERE HE OR SHE KNOWS OR HAS REASONABLE MEANS OF  ASCERTAIN-
ING  WHAT  HE OR SHE IS TRANSPORTING, UNLESS HE OR SHE CARRIES IN HIS OR
HER POSSESSION A MANIFEST WHICH CLEARLY AND CONSPICUOUSLY SHOWS THE NAME
AND ADDRESS OF  THE  SHIPPER,  THE  SHIPPING  NUMBER,  MAKE,  MODEL  AND
MANUFACTURER'S NAME OF EACH RIFLE OR SHOTGUN, THE SERIAL NUMBER FOR EACH
RIFLE OR SHOTGUN SOLD OR EXCHANGED ON THE INTERNET AND INFORMATION IDEN-
TIFYING THE INTERNET WEBSITE OF THE SELLER OF SUCH RIFLE OR SHOTGUN, AND
THE  NAME AND ADDRESS OF THE CONSIGNEE AND THE PLACE OF DELIVERY, AND HE
OR SHE NOTIFIES IN WRITING THE  POLICE  COMMISSIONER,  POLICE  CHIEF  OR
OTHER  LAW ENFORCEMENT OFFICER PERFORMING SUCH FUNCTIONS AT THE PLACE OF
DELIVERY AND THE SUPERINTENDENT OF STATE POLICE, OF THE NAME AND ADDRESS
OF THE SHIPPER AND  CONSIGNEE,  THE  PLACE  OF  DELIVERY,  THE  SHIPPING
NUMBER,  MAKE,  MODEL  AND MANUFACTURER'S NAME OF EACH RIFLE OR SHOTGUN,
THE SERIAL NUMBER FOR EACH RIFLE OR SHOTGUN SOLD  OR  EXCHANGED  ON  THE
INTERNET  AND INFORMATION IDENTIFYING THE INTERNET WEBSITE OF THE SELLER
OF SUCH RIFLE OR SHOTGUN;
  2. SHALL WITHHOLD DELIVERY TO THE CONSIGNEE FOR SUCH REASONABLE PERIOD
OF TIME DESIGNATED IN WRITING BY SUCH POLICE COMMISSIONER, POLICE  CHIEF
OR  OTHER LAW ENFORCEMENT OFFICER AND THE SUPERINTENDENT OF STATE POLICE
AS SUCH OFFICIAL MAY DEEM NECESSARY FOR INVESTIGATION AS TO WHETHER  THE
CONSIGNEE MAY LAWFULLY RECEIVE AND POSSESS SUCH RIFLES OR SHOTGUNS; AND
  3.  SHALL  PRODUCE  SUCH  MANIFEST  FOR INSPECTION AT THE REQUEST OF A
PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL  DUTIES,  A  POLICE
OFFICER  OR ANY OTHER PERSON AUTHORIZED BY LAW TO INQUIRE INTO OR INVES-
TIGATE THE TRANSPORTATION OF RIFLES OR SHOTGUNS.
  A KNOWING VIOLATION OF THIS SECTION IS A CLASS E FELONY.
  S 3. Section 265.00 of the penal law is amended by adding a new subdi-
vision 26 to read as follows:
  26. "INTERNET" MEANS THE COMBINATION OF COMPUTER FACILITIES AND  ELEC-
TROMAGNETIC  TRANSMISSION  MEDIA,  AND  RELATED  EQUIPMENT AND SOFTWARE,
COMPRISING THE INTERCONNECTED WORLDWIDE  NETWORK  OF  COMPUTER  NETWORKS
THAT  EMPLOY  THE TRANSMISSION CONTROL PROTOCOL/INTERNET PROTOCOL OR ANY
SUCCESSOR PROTOCOL TO TRANSMIT INFORMATION.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.