S T A T E O F N E W Y O R K
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4728
2017-2018 Regular Sessions
I N S E N A T E
February 24, 2017
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Introduced by Sens. LARKIN, BOYLE -- 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 possession of pistols and
revolvers being offered for sale upon the premises of a dealer in
firearms
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 265.20 of the penal law is amended by adding a new
subdivision f to read as follows:
F. 1. EXCEPT IN CITIES NOT WHOLLY CONTAINED WITHIN A SINGLE COUNTY
SUBDIVISION ONE OF SECTION 265.01 AND SUBDIVISION ONE OF SECTION
265.01-B OF THIS ARTICLE SHALL NOT APPLY TO THE POSSESSION OF AN
UNLOADED PISTOL OR REVOLVER UPON THE PREMISES OF A DEALER IN FIREARMS
WHO IS LAWFULLY ENGAGED IN THE SALE OR OFFERING FOR SALE OF SUCH PISTOL
OR REVOLVER BY A PERSON WHO IS:
(A) TWENTY-ONE YEARS OF AGE OR OLDER, AND NOT OTHERWISE PROHIBITED
FROM POSSESSING A FIREARM; OR
(B) EIGHTEEN YEARS OF AGE OR OLDER HAVING BEEN HONORABLY DISCHARGED
FROM THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR COAST
GUARD, OR FROM ACTIVE SERVICE IN A FORCE OF THE ORGANIZED MILITIA OF THE
STATE, AS DEFINED IN SECTION ONE OF THE MILITARY LAW, AS EVINCED BY A
DD-214 OR OTHER SIMILAR PROOF OF MILITARY SERVICE.
2. POSSESSION OF AN UNLOADED PISTOL OR REVOLVER SHALL ONLY BE GRANTED
BY A DEALER IN FIREARMS, OR HIS OR HER AGENT, UPON PRESENTATION OF SUIT-
ABLE PHOTOGRAPH IDENTIFICATION AND PROOF OF AGE. THE DEALER OR HIS OR
HER AGENT SHALL MAINTAIN CUSTODY OF SUCH IDENTIFICATION AND PROOF OF AGE
WHILE THE PERSON, WHO IS NOT AUTHORIZED TO POSSESS A PISTOL OR REVOLVER
PURSUANT TO SUBDIVISION A OF THIS SECTION, HAS POSSESSION OF THE
UNLOADED PISTOL OR REVOLVER UPON THE DEALER'S PREMISES.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03995-01-7