S T A T E O F N E W Y O R K
________________________________________________________________________
6347
2017-2018 Regular Sessions
I N A S S E M B L Y
March 2, 2017
___________
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.
LBD03317-01-7
A. 6347 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.
§ 2. The penal law is amended by adding a new section 265.50 to read
as follows:
§ 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.
§ 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.
§ 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.