senate Bill S1669

2017-2018 Legislative Session

Relates to gun buyback programs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jan 10, 2017 referred to codes

S1669 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.05, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4995
2015-2016: S1004
2019-2020: S536

S1669 (ACTIVE) - Summary

Relates to gun buy back programs; requires entities operating such programs to check the serial number of all firearms obtained against the NYSPIN records and to obtain the express permission of the lawful owner of any firearm found to be stolen before the destruction thereof.

S1669 (ACTIVE) - Sponsor Memo

S1669 (ACTIVE) - Bill Text download pdf


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

                                  1669

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 10, 2017
                               ___________

Introduced  by Sen. GALLIVAN -- 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 gun buyback programs

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

  Section  1.  Subdivision  1  of  section  400.05  of the penal law, as
amended by chapter 350 of the laws of 1986, is amended and a new  subdi-
vision 7 is added to read as follows:
  1. Any weapon, instrument, appliance or substance specified in article
two hundred sixty-five OF THIS CHAPTER, when unlawfully possessed, manu-
factured, transported or disposed of, or when utilized in the commission
of  an  offense, is hereby declared a nuisance. When the same shall come
into the possession of any police officer or peace officer, it shall  be
surrendered immediately to the official mentioned in [paragraph] SUBPAR-
AGRAPH  (f)  of  [subdivision] PARAGRAPH one OF SUBDIVISION A of section
265.20 OF THIS CHAPTER, except that such weapon,  instrument,  appliance
or  substance  coming  into  the possession of the state police shall be
surrendered to the superintendent of state police.
  7. (A) ANY PRIVATE OR GOVERNMENTAL  ENTITY  OPERATING  A  GUN  BUYBACK
PROGRAM SHALL:
  (I)  REQUIRE  THAT THE SERIAL NUMBER OF EVERY FIREARM OBTAINED BY SUCH
GUN BUYBACK PROGRAM IS CHECKED AGAINST THE  NEW  YORK  STATEWIDE  POLICE
INFORMATION  NETWORK  (NYSPIN)  RECORDS OF STOLEN FIREARMS AND, IF IT IS
FOUND THAT ANY SUCH FIREARM IS A STOLEN FIREARM, THAT THE FIREARM IS NOT
DESTROYED WITHOUT THE EXPRESS PERMISSION OF THE LAWFUL OWNER THEREOF AND
THAT IF THE LAWFUL OWNER OF THE FIREARM DOES NOT GIVE EXPRESS PERMISSION
FOR THE FIREARM TO BE DESTROYED, THAT THE FIREARM  IS  RETURNED  TO  ITS
LAWFUL OWNER;
  (II)  PRIOR TO RETURNING A STOLEN FIREARM TO A LAWFUL OWNER, DETERMINE
WHETHER OR NOT THE LAWFUL OWNER IS ELIGIBLE TO POSSESS A  FIREARM  UNDER
THIS  CHAPTER.  IF  THE  LAWFUL  OWNER  OF  THE FIREARM IS INELIGIBLE TO

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

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