Senate Bill S5837

2015-2016 Legislative Session

Relates to firearms; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S5837 (ACTIVE) - Details

See Assembly Version of this Bill:
A8196
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §400.03, amd §§265.00, 400.00 & 400.02, Pen L; amd §§9.46, 7.09 & 13.09, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: S3958, A3421
2019-2020: S3930
2021-2022: S5338
2023-2024: S2338

2015-S5837 (ACTIVE) - Summary

Relates to firearms; authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family; relates to reports of substantial risk or threat of harm by mental health professionals; and repeals certain provisions of law relating thereto.

2015-S5837 (ACTIVE) - Sponsor Memo

2015-S5837 (ACTIVE) - Bill Text download pdf

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

                                  5837

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 5, 2015
                               ___________

Introduced  by  Sens.  SEWARD,  GALLIVAN,  GRIFFO,  MARCHIONE, NOZZOLIO,
  O'MARA, YOUNG -- 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 authorizing the transfer
  of certain weapons from an  estate  to  an  immediate  member  of  the
  decedent's  family;  to amend the penal law, in relation to the filing
  of approved applications for licenses to carry,  possess,  repair  and
  dispose  of  firearms; to amend the mental hygiene law, in relation to
  reports of substantial risk or threat of harm by mental health profes-
  sionals; to amend the penal law, in relation  to  licenses  to  carry,
  possess,  repair and dispose of firearms; and to repeal section 400.03
  of the penal law relating to sellers of ammunition

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

  Section 1.  Section 400.03 of the penal law is REPEALED.
  S  2.  Paragraph  (g) of subdivision 22 of section 265.00 of the penal
law is amended by adding a new subparagraph (vii) to read as follows:
  (VII) ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT  TO
SUBDIVISION  SIXTEEN-A  OF  SECTION 400.00 OF THIS CHAPTER PRIOR TO SUCH
PERSON'S DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN  IMMEDI-
ATE  FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO THE
PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION. FOR  PURPOSES  OF  THIS
SUBPARAGRAPH,  THE  MEANING  OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
SUBDIVISION ONE OF SECTION EIGHT HUNDRED  NINETY-EIGHT  OF  THE  GENERAL
BUSINESS LAW;
  S  3.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
follows:
  (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
and  any  large  capacity  ammunition  feeding  device  that was legally
possessed by an individual prior to the enactment of the chapter of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11506-01-5
              

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