NY State Senate Bill 2017-S4728

Senate Bill S4728

2017-2018 Legislative Session

Authorizes the possession of a handgun being sold by a dealer in firearms upon the premises of such dealer

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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
Feb 24, 2017	referred to codes

co-Sponsors

2017-S4728 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6536
2015-2016: S2900

2017-S4728 (ACTIVE) - Summary

Authorizes the possession of a handgun being sold by a dealer in firearms upon the premises of such dealer.

2017-S4728 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4728

 TITLE OF BILL :  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

 PURPOSE :

Authorizes the holding of an unloaded pistol or revolver being offered
for sale upon the premises of a dealer in firearms by persons without
a NYS Pistol license.

 SUMMARY OF PROVISIONS :

Section 1: Amends Section 265.20 of the penal law by adding a new
subdivision f authorizing persons 21 years of age or older, or
eighteen years of age or older having been honorable discharged from
the US military, to possess an unloaded pistol or revolver being
offered for sale upon the premises of a dealer in firearms.

Section 2: Effective Date

 EXISTING LAW :

Under current law it is a felony for someone to hold a handgun without
a valid NYS Pistol license.

 JUSTIFICATION :

This legislation would allow a prospective gun buyer, in a licensed
firearm dealership, to handle an unloaded firearm without a pistol
permit.

Under current law, a first time gun buyer cannot hold or even touch
the gun they plan on purchasing, even though they are required to
choose a gun before they get their pistol permit. Current law, then,
essentially forces individuals to buy and get permitted for a firearm
they've never even touched or held. The law is therefore unworkable
since it ignores the fact that individuals have different size hands,
firearm preferences, and that guns come in many different sizes,
weights, and shapes.

This legislation would correct this problem by allowing individuals in
licensed firearm dealerships to handle an unloaded firearm without a
pistol permit. In recognition of New York's stringent gun control
laws, this legislation would require that the gun be unloaded and that
a prospective gun buyer be 21 years of age or older (or eighteen years
of age or older with an honorable discharge from the U.S.  Military)
and hand the seller a proper form of identification.

 LEGISLATIVE HISTORY :

2014-S.6536-Referred to Codes
2015-2016: S.2900-Advanced to Third Reading

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediate.

2017-S4728 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4728
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 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

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Senate Bill S4728

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Sponsored By

William Larkin