S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5684
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, DINOWITZ, ORTIZ, ABINANTI, JAFFEE --
   Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ, GALEF, GOTTFRIED --
   read once and referred to the Committee on Codes
 
 AN  ACT to amend the penal law, in relation to labeling of certain ship-
   ments of firearms, rifles and shotguns and reporting certain  informa-
   tion

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 9 of subdivision a of section 265.20 of the penal
 law, as amended by chapter 1041 of the laws of 1974, is amended to  read
 as follows:
   9.  The  regular  and  ordinary  transport of firearms as merchandise,
 provided that the person transporting such firearms,  where  he  OR  SHE
 knows  or  has reasonable means of ascertaining what he OR SHE is trans-
 porting, CARRIES IN HIS OR HER POSSESSION A MANIFEST WHICH  CLEARLY  AND
 CONSPICUOUSLY  SHOWS  THE  NAME AND ADDRESS OF THE SHIPPER, THE SHIPPING
 NUMBER, MAKE, MODEL AND MANUFACTURER'S NAME OF EACH FIREARM, THE  SERIAL
 NUMBER  FOR  EACH FIREARM SOLD OR EXCHANGED ON THE INTERNET AND INFORMA-
 TION IDENTIFYING THE INTERNET WEBSITE OF THE SELLER OF SUCH FIREARM, AND
 THE NAME AND ADDRESS OF THE CONSIGNEE AND THE PLACE OF DELIVERY, AND  HE
 OR  SHE  notifies  in  writing  the police commissioner, police chief or
 other law enforcement officer performing such functions at the place  of
 delivery AND THE SUPERINTENDENT OF STATE POLICE, of the name and address
 of  the SHIPPER AND consignee [and], the place of delivery, THE SHIPPING
 NUMBER, MAKE, MODEL AND MANUFACTURER'S NAME OF EACH FIREARM, THE  SERIAL
 NUMBER  FOR  EACH FIREARM SOLD OR EXCHANGED ON THE INTERNET AND INFORMA-
 TION IDENTIFYING THE INTERNET WEBSITE OF THE SELLER OF SUCH FIREARM, and
 withholds delivery to the consignee for such reasonable period  of  time
 designated in writing by such police commissioner, police chief or other
 law  enforcement  officer AND THE SUPERINTENDENT OF STATE POLICE as such
 official  may  deem  necessary  for  investigation  as  to  whether  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09519-01-9

 A. 5684                             2
 
 consignee  may  lawfully  receive  and possess such firearms. THE PERSON
 TRANSPORTING SUCH FIREARMS SHALL PRODUCE SUCH MANIFEST FOR INSPECTION AT
 THE REQUEST OF A PEACE OFFICER, ACTING PURSUANT TO HIS  OR  HER  SPECIAL
 DUTIES,  A  POLICE  OFFICER  OR  ANY  OTHER  PERSON AUTHORIZED BY LAW TO
 INQUIRE INTO OR INVESTIGATE THE TRANSPORTATION OF FIREARMS.
   § 2. The penal law is amended by adding a new section 265.50  to  read
 as follows:
 §  265.50  TRANSPORTATION  OF RIFLES OR SHOTGUNS; MANIFEST AND REPORTING
              REQUIRED.
   EVERY PERSON TRANSPORTING RIFLES OR SHOTGUNS AS  MERCHANDISE  INTO  OR
 WITHIN ANY JURISDICTION IN THIS STATE WHICH REQUIRES A PERMIT OR LICENSE
 TO PURCHASE, CARRY OR POSSESS A RIFLE OR SHOTGUN:
   1.  SHALL  NOT  ACCEPT  FOR  SUCH  TRANSPORT ANY RIFLES OR SHOTGUNS AS
 MERCHANDISE WHERE HE OR SHE KNOWS OR HAS REASONABLE MEANS OF  ASCERTAIN-
 ING  WHAT  HE OR SHE IS TRANSPORTING, UNLESS HE OR SHE CARRIES IN HIS OR
 HER POSSESSION A MANIFEST WHICH CLEARLY AND CONSPICUOUSLY SHOWS THE NAME
 AND ADDRESS OF  THE  SHIPPER,  THE  SHIPPING  NUMBER,  MAKE,  MODEL  AND
 MANUFACTURER'S NAME OF EACH RIFLE OR SHOTGUN, THE SERIAL NUMBER FOR EACH
 RIFLE OR SHOTGUN SOLD OR EXCHANGED ON THE INTERNET AND INFORMATION IDEN-
 TIFYING THE INTERNET WEBSITE OF THE SELLER OF SUCH RIFLE OR SHOTGUN, AND
 THE  NAME AND ADDRESS OF THE CONSIGNEE AND THE PLACE OF DELIVERY, AND HE
 OR SHE NOTIFIES IN WRITING THE  POLICE  COMMISSIONER,  POLICE  CHIEF  OR
 OTHER  LAW ENFORCEMENT OFFICER PERFORMING SUCH FUNCTIONS AT THE PLACE OF
 DELIVERY AND THE SUPERINTENDENT OF STATE POLICE, OF THE NAME AND ADDRESS
 OF THE SHIPPER AND  CONSIGNEE,  THE  PLACE  OF  DELIVERY,  THE  SHIPPING
 NUMBER,  MAKE,  MODEL  AND MANUFACTURER'S NAME OF EACH RIFLE OR SHOTGUN,
 THE SERIAL NUMBER FOR EACH RIFLE OR SHOTGUN SOLD  OR  EXCHANGED  ON  THE
 INTERNET  AND INFORMATION IDENTIFYING THE INTERNET WEBSITE OF THE SELLER
 OF SUCH RIFLE OR SHOTGUN;
   2. SHALL WITHHOLD DELIVERY TO THE CONSIGNEE FOR SUCH REASONABLE PERIOD
 OF TIME DESIGNATED IN WRITING BY SUCH POLICE COMMISSIONER, POLICE  CHIEF
 OR  OTHER LAW ENFORCEMENT OFFICER AND THE SUPERINTENDENT OF STATE POLICE
 AS SUCH OFFICIAL MAY DEEM NECESSARY FOR INVESTIGATION AS TO WHETHER  THE
 CONSIGNEE MAY LAWFULLY RECEIVE AND POSSESS SUCH RIFLES OR SHOTGUNS; AND
   3.  SHALL  PRODUCE  SUCH  MANIFEST  FOR INSPECTION AT THE REQUEST OF A
 PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL  DUTIES,  A  POLICE
 OFFICER  OR ANY OTHER PERSON AUTHORIZED BY LAW TO INQUIRE INTO OR INVES-
 TIGATE THE TRANSPORTATION OF RIFLES OR SHOTGUNS.
   A KNOWING VIOLATION OF THIS SECTION IS A CLASS E FELONY.
   § 3. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 26 to read as follows:
   26. "INTERNET" MEANS THE COMBINATION OF COMPUTER FACILITIES AND  ELEC-
 TROMAGNETIC  TRANSMISSION  MEDIA,  AND  RELATED  EQUIPMENT AND SOFTWARE,
 COMPRISING THE INTERCONNECTED WORLDWIDE  NETWORK  OF  COMPUTER  NETWORKS
 THAT  EMPLOY  THE TRANSMISSION CONTROL PROTOCOL/INTERNET PROTOCOL OR ANY
 SUCCESSOR PROTOCOL TO TRANSMIT INFORMATION.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.