senate Bill S1302A

2015-2016 Legislative Session

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to consumer protection
Apr 15, 2015 print number 1302a
Apr 15, 2015 amend (t) and recommit to consumer protection
Jan 09, 2015 referred to consumer protection

S1302 - Details

See Assembly Version of this Bill:
A2217
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add Art 39-BB §§875-a - 875-j, Gen Bus L, amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1093
2011-2012: A361
2013-2014: A3280
2017-2018: S432, A2659
2019-2020: A1054

S1302 - Summary

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training (view more) prohibits straw purchases; imposes additional license conditions.

S1302 - Sponsor Memo

S1302 - Bill Text download pdf

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

                                  1302

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law and the penal law, in  relation
  to preventing the sale of firearms, rifles and shotguns to criminals

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

  Section 1. Legislative findings and declaration. The legislature here-
by finds and declares as follows:
  1. Firearms, rifles and shotguns are used to kill nearly 30,000  indi-
viduals  in the United States every year, including 1,000 individuals in
New York state alone. Additionally, there are 100,000 non-fatal injuries
across the country. The federal  government  has  largely  ignored  this
public  health  crisis and has left it up to state and local governments
to protect its citizens. Firearm violence also costs millions of dollars
and causes  incalculable  emotional  damage,  devastating  families  and
communities  throughout  the country.   Therefore, the state of New York
has a strong interest in reducing violence and crimes that  involve  the
use  of  firearms  and the illegal trafficking of firearms. Illegal guns
obtained throughout the state end up in the hands  of  criminals,  youth
and violent individuals who use them to threaten, maim and kill.
  2. There is a thriving underground market for illegal firearms, large-
ly  driven by demand from drug gangs and other criminals. A highly effi-
cient and continuous business practice  exists  in  which  firearms  are
moved  from  legal manufacture and sale to prohibited purchasers, making
them illegal firearms. In 2001, approximately 12,000  illegal  firearms,
rifles  and  shotguns were seized in New York state.  From November 2000
to April 2002, 2,700 crime guns were entered into the  state  crime  gun
database.  In 2008, according to a review by the federal bureau of alco-
hol,  tobacco, firearms, and explosives (ATF) of trace data compiled for
several regions in the  state,  including  Albany,  Buffalo,  Rochester,
Syracuse,  Long  Island  and  New  York  City  that calendar year, 9,558

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00153-01-5

S1302A (ACTIVE) - Details

See Assembly Version of this Bill:
A2217
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add Art 39-BB §§875-a - 875-j, Gen Bus L, amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1093
2011-2012: A361
2013-2014: A3280
2017-2018: S432, A2659
2019-2020: A1054

S1302A (ACTIVE) - Summary

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to criminals; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training (view more) prohibits straw purchases; imposes additional license conditions.

S1302A (ACTIVE) - Sponsor Memo

S1302A (ACTIVE) - Bill Text download pdf

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

                                 1302--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law and the penal law, in  relation
  to preventing the sale of firearms, rifles, and shotguns to criminals

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

  Section 1. Legislative findings and declaration. The legislature here-
by finds and declares as follows:
  1. Firearms, rifles and shotguns are used to kill over 30,000 individ-
uals in the United States every year, including 1,000 individuals in New
York state alone. Additionally, there  are  100,000  non-fatal  injuries
across  the  country.  The  federal  government has largely ignored this
public health crisis and has left it up to state and  local  governments
to protect its citizens. Firearm violence also costs billions of dollars
and  causes  incalculable  emotional  damage,  devastating  families and
communities throughout the country.  Therefore, the state  of  New  York
has  a  strong interest in reducing violence and crimes that involve the
use of firearms and the illegal trafficking of  firearms.  Illegal  guns
obtained  throughout  the  state end up in the hands of criminals, youth
and violent individuals who use them to threaten, maim and kill.
  2. There is a thriving underground market for illegal firearms, large-
ly driven by demand from drug gangs and other criminals. A highly  effi-
cient  and  continuous  business  practice  exists in which firearms are
moved from legal manufacture and sale to prohibited  purchasers,  making
them  illegal  firearms.  In  2013, according to a review by the federal
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) of trace data
compiled for several regions in the state,  including  Albany,  Buffalo,
Rochester,  Syracuse,  Long Island and New York City that calendar year,
8,539 firearms were recovered and traced, 2,164 of which were long guns.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00153-04-5

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