NY State Senate Bill 2017-S353

Senate Bill S353

2017-2018 Legislative Session

Makes provision for the disposal of firearms, rifles and shotguns owned by the state and local governments

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

2017-S353 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7633
2011-2012: S69
2013-2014: S51
2015-2016: S1275

2017-S353 (ACTIVE) - Summary

Requires the disposal of firearms, rifles and shotguns owned by any department, board, bureau, commission or agency of the state of New York and local governments by either selling or transferring to a law enforcement agency for destruction; prohibits the sale of any such weapon to any other person or entity.

2017-S353 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S353

 TITLE OF BILL :

An act to amend the penal law, in relation to the disposal of
firearms, rifles and shotguns by the state and local governments

 PURPOSE :

This bill would prevent the state and local agencies from selling guns
to private gun dealers.

 SUMMARY OF PROVISIONS :

This bill would amend the penal law § 400.00 subdivision 16 by adding
a new paragraph (b) which would prohibit state and local agencies from
selling or transferring any firearm, rifle, or shotgun to any person
or entity, other than to a law enforcement agency. The bill would
require that state and local agencies seeking to dispose of such
weapons either sell or transfer such weapons to a law enforcement
agency or destroy such weapons.

 JUSTIFICATION :

In order to finance the purchase of new and more effective weapons,
state and local agencies have periodically sold or traded in weapons

to lawful gun dealers. Given the growing concern over gun-related
violence and accidents, however, this practice should be modified by
authorizing such sales only to other law enforcement agencies. This
would reduce the number of guns in circulation and ensure that state
and local agencies do not add to the supply of available weapons.

 LEGISLATIVE HISTORY :

2015-2016-S1275
2013-2014 - S.51
2011-12: S.69
2010: S.7633/A.4486
2006: A.9672 3rd Reading Cal. 796
2007-08: A.4708 Ordered to 3rd Reading Rules Cal. 522
2000: A.1379 3rd Reading Cal. 325
1999: A.1379 Passed in Assembly
1998: A.1676-A Passed in Assembly
1997: A.1676-A Reported to Rules
1996: A.1504-A Referred to Codes
1995: A.1504-A Referred to Rules
1993-94: A.9054-A (A.40007 - Extraordinary Session) - Passed in
Assembly

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S353 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    353
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- 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 the disposal of  firearms,
   rifles and shotguns by the state and local governments

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 16 of section 400.00 of the penal law, as added
 by chapter 233 of the laws of 1980, is amended to read as follows:
   16. Unlawful disposal. (A) No person shall except as otherwise author-
 ized pursuant to law dispose of any firearm unless he OR SHE is licensed
 as gunsmith or dealer in firearms.
   (B) NO DEPARTMENT, BOARD, BUREAU, COMMISSION, AGENCY OR OTHER DIVISION
 OF THE STATE OR LOCAL GOVERNMENT SHALL SELL OR  OTHERWISE  TRANSFER  ANY
 FIREARM,  RIFLE  OR  SHOTGUN TO ANY PERSON OR ENTITY OTHER THAN TO A LAW
 ENFORCEMENT AGENCY FOR USE BY SUCH LAW ENFORCEMENT AGENCY.  ANY  DEPART-
 MENT,  BOARD,  BUREAU, COMMISSION, AGENCY OR OTHER DIVISION OF THE STATE
 OR LOCAL GOVERNMENT INTENDING TO DISPOSE OF ANY FIREARM, RIFLE OR  SHOT-
 GUN SHALL, IF AUTHORIZED, EITHER SELL OR TRANSFER SUCH FIREARM, RIFLE OR
 SHOTGUN  TO  A  LAW  ENFORCEMENT  AGENCY FOR USE BY SUCH LAW ENFORCEMENT
 AGENCY, OR DISPOSE OF THE FIREARM, RIFLE OR SHOTGUN  BY  DESTROYING  THE
 SAME  OR  CAUSING IT TO BE DESTROYED OR RENDERING THE SAME OR CAUSING IT
 TO BE RENDERED INEFFECTIVE AND USELESS FOR  ITS  INTENDED  PURPOSES  AND
 HARMLESS TO HUMAN LIFE.
   § 2.  This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00078-01-7

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