Assembly Bill A1879

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1879
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, OTIS, CROUCH, GOODELL -- Multi-Spon-
   sored by -- M. of A. ARROYO, MOSLEY -- read once and referred  to  the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to allowing for the temporary
   transfer of a pistol between permit holders

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 400.04  to
 read as follows:
 § 400.04 TEMPORARY TRANSFER OF PISTOL BETWEEN PERMIT HOLDERS.
   1.  A  PERMIT  HOLDER,  KNOWN  IN  THIS SECTION AS THE TRANSFEROR, MAY
 TEMPORARILY TRANSFER POSSESSION OF PISTOLS  TO  ANOTHER  PERMIT  HOLDER,
 KNOWN IN THIS SECTION AS THE TRANSFEREE, LICENSED IN THE SAME COUNTY FOR
 A  PERIOD  NO  LONGER  THAN THIRTY DAYS. PRIOR TO A TRANSFER, THE PERMIT
 HOLDER MUST FILE AN APPLICATION WITH THE COUNTY CLERK IN THE  COUNTY  OF
 ISSUANCE. THE COUNTY CLERK MAY COLLECT UP TO TEN DOLLARS FOR EACH APPLI-
 CATION, REGARDLESS OF THE NUMBER OF PISTOLS TRANSFERRED.
   2.  THE  DIVISION  OF  STATE  POLICE  SHALL  DEVELOP AN APPLICATION TO
 COMPLETE SUCH TRANSFER. THE APPLICATION MUST BE NOTARIZED BY A  LICENSED
 NOTARY AND CONTAIN THE FOLLOWING INFORMATION:
   (A)  NAME,  LICENSE  NUMBER,  ADDRESS  AND  PHONE  NUMBER  OF BOTH THE
 TRANSFEROR AND TRANSFEREE;
   (B) LIST OF PISTOLS AND THEIR SERIAL NUMBERS WHICH ARE BEING TEMPORAR-
 ILY TRANSFERRED FROM ONE PERMIT HOLDER TO THE OTHER PERMIT HOLDER;
   (C) INDICATE THE REASON FOR TRANSFER;
   (D) DATE OF PISTOL TRANSFER;
   (E) LENGTH OF TEMPORARY TRANSFER  AND  EXPECTED  DAY  OF  RETURN  FROM
 TRANSFEREE TO TRANSFEROR.
   3.  THE  APPLICATION SHALL INCLUDE A TRANSFER AGREEMENT STATEMENT THAT
 MUST BE SIGNED BY BOTH THE TRANSFEROR AND  TRANSFEREE  AND  INCLUDE  THE
 FOLLOWING CONDITIONS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06161-01-9

 A. 1879                             2
 
   (A) ALL TRANSFERRED PISTOLS SHALL AT ALL TIMES BE:
   (I) KEPT ON THE PREMISE OF THE TRANSFEREE DURING THE TRANSFER PERIOD;
   (II)  STORED IN A SAFE STORAGE DEPOSITORY AS DEFINED IN SECTION 265.45
 OF THIS CHAPTER;
   (III) UNLOADED AND SHALL NOT BE DISCHARGED.
   (B) THE TRANSFEROR MUST COLLECT ALL TRANSFERRED PISTOLS BY THE DATE OF
 RETURN WHICH MAY NOT EXCEED THIRTY DAYS FROM THE DATE OF TRANSFER.
   4. THE TRANSFEROR MUST FILE A STATEMENT  OF  RELINQUISHMENT  WITH  THE
 COUNTY CLERK NO MORE THAN FORTY-FIVE DAYS AFTER THE DATE OF TRANSFER.
   5.  THE COUNTY CLERK SHALL REPORT ANY DELINQUENT TRANSFERS, WHICH HAVE
 NOT FILED A STATEMENT OF RELINQUISHMENT WITHIN FORTY-FIVE DAYS,  TO  THE
 SHERIFF  OF  SUCH  COUNTY. THE SHERIFF SHALL HAVE THE AUTHORITY TO SEIZE
 THE UNRETURNED PISTOLS.
   6. THE SHERIFF SHALL RETAIN THE PISTOLS PURSUANT TO SUBDIVISION SIX OF
 SECTION 400.05 OF THIS ARTICLE AND MAY  COLLECT  A  FEE  OF  UP  TO  TEN
 DOLLARS FOR EACH PISTOL UPON RETURN TO THE OWNER.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.