Senate Bill S630

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    630
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  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  certain  exemptions  for
   licensed gunsmiths, manufacturers and dealers employed in the fulfill-
   ment  of  government,  law  enforcement,  or other state and municipal
   contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph and paragraph 1 of subdivision a of
 section 265.20 of the penal law, the opening  paragraph  as  amended  by
 section  1  of part FF of chapter 57 of the laws of 2013, paragraph 1 as
 amended by chapter 1041 of the laws of 1974, subparagraph (a)  of  para-
 graph 1 as amended by chapter 141 of the laws of 1988, subparagraphs (b)
 and  (c)  of paragraph 1 as added and subparagraphs (d) and (e) of para-
 graph 1 as relettered by chapter 843 of the laws of  1980  and  subpara-
 graph  (f) of paragraph 1 as amended by chapter 578 of the laws of 2006,
 are amended to read as follows:
   Paragraph (h) of subdivision twenty-two of section 265.00 and sections
 265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15,  265.36,  265.37
 and 270.05 shall not apply to:
   1.  Possession  of  any  of  the  weapons,  instruments, appliances or
 substances specified in sections 265.01, 265.02, 265.03, 265.04,  265.05
 and 270.05 by the following:
   (a) Persons in the military service of the state of New York when duly
 authorized  by regulations issued by the adjutant general to possess the
 same.
   (b) Police officers as defined in subdivision thirty-four  of  section
 1.20 of the criminal procedure law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04369-01-9

 S. 630                              2
 
   (c)  Peace  officers as defined by section 2.10 of the criminal proce-
 dure law.
   (d)  Persons in the military or other service of the United States, in
 pursuit of official duty or when duly authorized by federal  law,  regu-
 lation or order to possess the same.
   (D-1)  LICENSED  GUNSMITHS,  MANUFACTURERS  AND DEALERS NOT SEEKING TO
 OFFER FOR SALE WEAPONS, INSTRUMENTS, APPLIANCES OR SUBSTANCES WITHIN THE
 STATE WHERE SUCH SALE IS OTHERWISE PROHIBITED BY STATE LAW.
   (e) Persons employed in fulfilling defense, LAW ENFORCEMENT, OR  OTHER
 contracts  with  the  government  of  the United States, STATES, MUNICI-
 PALITIES or agencies  thereof  OR  COMMERCIAL  CONTRACTS  WITH  LICENSED
 GUNSMITHS,  MANUFACTURERS,  AND  DEALERS  when possession of the same is
 necessary for manufacture, transport, installation and testing under the
 requirements of such contract.
   (f) A person voluntarily surrendering such weapon, instrument,  appli-
 ance  or  substance,  provided  that such surrender shall be made to the
 superintendent of the division of  state  police  or  a  member  thereof
 designated  by  such  superintendent, or to the sheriff of the county in
 which such person resides, or in the county of Nassau or in the towns of
 Babylon, Brookhaven, Huntington, Islip and Smithtown in  the  county  of
 Suffolk  to the commissioner of police or a member of the police depart-
 ment thereof designated by such commissioner, or if such person  resides
 in a city, town other than one named in this subparagraph, or village to
 the police commissioner or head of the police force or department there-
 of  or to a member of the force or department designated by such commis-
 sioner or head; and provided, further, that the same  shall  be  surren-
 dered by such person in accordance with such terms and conditions as may
 be  established by such superintendent, sheriff, police force or depart-
 ment. Nothing in this paragraph shall be construed as granting  immunity
 from  prosecution  for  any  crime  or  offense  except that of unlawful
 possession  of  such  weapons,  instruments,  appliances  or  substances
 surrendered  as herein provided. A person who possesses any such weapon,
 instrument, appliance or substance as an executor  or  administrator  or
 any  other  lawful possessor of such property of a decedent may continue
 to possess such property for a period not over  fifteen  days.  If  such
 property  is  not  lawfully disposed of within such period the possessor
 shall deliver it to an appropriate official described in this  paragraph
 or such property may be delivered to the superintendent of state police.
 Such  officer shall hold it and shall thereafter deliver it on the writ-
 ten request of such executor, administrator or other lawful possessor of
 such property to a named person, provided such named person is  licensed
 to or is otherwise lawfully permitted to possess the same. If no request
 to  deliver the property is received by such official within one year of
 the delivery of such property, such official  shall  dispose  of  it  in
 accordance with the provisions of section 400.05 of this chapter.
   § 2. This act shall take effect immediately.