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Assembly Bill A2148

2019-2020 Legislative Session

Imposes civil penalties for the improper disposition of a firearm

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Archive: Last Bill Status - In Assembly Committee

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2019-A2148 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §80.20, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8303
2017-2018: A6187
2021-2022: A5937

2019-A2148 (ACTIVE) - Summary

Imposes civil penalties for the improper disposition of a firearm.

2019-A2148 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2148
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend the penal law, in relation to the imposition of civil
   penalties for the improper disposition of a firearm
 
   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 80.20 to
 read as follows:
 § 80.20 CIVIL FINES FOR THE IMPROPER DISPOSITION OF A FIREARM.
   1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER AND IN ADDITION
 TO ANY OTHER FINE, PENALTY OR TERM  OF  IMPRISONMENT  AUTHORIZED  TO  BE
 IMPOSED  PURSUANT  TO THIS CHAPTER, ANY PERSON WHO: (A) SELLS, TRANSFERS
 OR DISPOSES OF A FIREARM FOR WHICH HE OR SHE IS THE OWNER WITHOUT LEGAL-
 LY TRANSFERRING THE TITLE OF SUCH FIREARM TO THE NEW OWNER; OR (B) FAILS
 TO REPORT A FIREARM FOR WHICH HE OR SHE IS THE OWNER AS LOST OR  STOLEN;
 SHALL BE SUBJECT TO A CIVIL PENALTY AS FOLLOWS:
   (I)  FOR  FAILURE TO LEGALLY TRANSFER A FIREARM OR REPORT A FIREARM AS
 LOST OR STOLEN, SUCH OWNER SHALL BE SUBJECT TO A  CIVIL  PENALTY  IN  AN
 AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS;
   (II)  FOR FAILURE TO LEGALLY TRANSFER A FIREARM OR REPORT A FIREARM AS
 LOST OR STOLEN AND SUCH FIREARM IS USED IN THE COMMISSION OF A MISDEMEA-
 NOR, SUCH OWNER SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT  TO
 EXCEED FOUR THOUSAND DOLLARS;
   (III) FOR FAILURE TO LEGALLY TRANSFER A FIREARM OR REPORT A FIREARM AS
 LOST  OR  STOLEN AND SUCH FIREARM IS USED IN THE COMMISSION OF A FELONY,
 SUCH OWNER SHALL BE SUBJECT TO A CIVIL  PENALTY  IN  AN  AMOUNT  NOT  TO
 EXCEED SIX THOUSAND DOLLARS.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PEACE OFFICERS OR
 FEDERAL  LAW  ENFORCEMENT  OFFICERS AS SUCH TERMS ARE DEFINED IN ARTICLE
 TWO OF THE CRIMINAL PROCEDURE LAW.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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