The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   837

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             January 9, 2019
                               ___________

Introduced  by Sen. GALLIVAN -- 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 authorizing  the  transfer
  of  certain  weapons  from  an  estate  to  an immediate member of the
  decedent's family

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (g) of subdivision 22 of section 265.00 of the
penal law is amended by adding a  new  subparagraph  (vii)  to  read  as
follows:
  (VII)  ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT TO
SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS CHAPTER  PRIOR  TO  SUCH
PERSON'S  DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN IMMEDI-
ATE FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO  THE
PROVISIONS  OF  PARAGRAPH  (H) OF THIS SUBDIVISION. FOR PURPOSES OF THIS
SUBPARAGRAPH, THE MEANING OF IMMEDIATE FAMILY MEMBER IS  AS  DEFINED  BY
SUBDIVISION  ONE  OF  SECTION  EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL
BUSINESS LAW;
  § 2. Paragraph (h) of subdivision 22 of section 265.00  of  the  penal
law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
follows:
  (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
and any large  capacity  ammunition  feeding  device  that  was  legally
possessed by an individual prior to the enactment of [the chapter of the
laws  of  two thousand thirteen which added] this paragraph, may only be
sold to, exchanged with or disposed of  to  a  purchaser  authorized  to
possess  such weapons or to an individual or entity outside of the state
provided that any such transfer to an individual or  entity  outside  of
the  state  must  be reported to the entity wherein the weapon is regis-
tered within seventy-two hours  of  such  transfer.  An  individual  who
transfers  any  such  weapon  or  large capacity ammunition device to an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02850-01-9

S. 837                              2

individual  inside  New  York  state  or  without  complying  with   the
provisions  of  this  paragraph shall be guilty of a class A misdemeanor
unless such large capacity ammunition feeding device, the possession  of
which  is made illegal by [the chapter of the laws of two thousand thir-
teen which added] this paragraph, is transferred within one year of  the
effective  date  of  [the  chapter  of the laws of two thousand thirteen
which added] this paragraph.
  (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS  PARA-
GRAPH,  ANY  WEAPON  DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION
THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
TO HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH  INDIVIDUAL
TO  ONE  OF  HIS  OR  HER IMMEDIATE FAMILY MEMBERS. FOR PURPOSES OF THIS
SUBPARAGRAPH, THE MEANING OF IMMEDIATE FAMILY MEMBER IS  AS  DEFINED  BY
SUBDIVISION  ONE  OF  SECTION  EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL
BUSINESS LAW.
  § 3. This act shall take effect immediately.