S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1236
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by Sens. GIANARIS, ADDABBO, BRESLIN, KRUEGER, RIVERA, SERRA-
   NO, STAVISKY -- 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 the  unlawful  procurement
   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 265.60 to
 read as follows:
 § 265.60 UNLAWFUL PROCUREMENT OF A FIREARM.
   A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN:
   1. HE OR SHE PURCHASES OR TAKES POSSESSION OF MORE  THAN  ONE  FIREARM
 FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR
   2.  BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A FIREARM
 TO ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM  DURING
 THE PREVIOUS THIRTY DAYS.
   UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR.
   § 2. Section 265.20 of the penal law is amended by adding a new subdi-
 vision f to read as follows:
   F. SECTION 265.60 OF THIS ARTICLE SHALL NOT APPLY TO:
   1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS
 OFFICER  ACTING  WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT OR
 OFFICIAL DUTIES;
   2. A UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF  THE  UNITED
 STATES  OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED TO
 POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES;
   3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
 ENGAGED  IN  THE  COURSE  AND  SCOPE  OF  THEIR ACTIVITIES AS LICENSEES,
 PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
 ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03297-01-1
              

 S. 1236                             2
 
   4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR
 REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK
 FROM SUCH A GUNSMITH;
   5. A COMMON CARRIER, WAREHOUSEMAN OR OTHER PERSON ENGAGED IN THE BUSI-
 NESS OF TRANSPORTING OR STORING GOODS, TO THE EXTENT THAT THE POSSESSION
 OR RECEIPT OF ANY FIREARM IS IN THE ORDINARY COURSE OF BUSINESS, AND NOT
 FOR THE PERSONAL USE OF ANY SUCH PERSON;
   6.  A  PERSON ACQUIRING FIREARMS BY OPERATION OF LAW UPON THE DEATH OF
 THE FORMER OWNER OF THE FIREARMS; OR
   7. A PERSON WHOSE FIREARM WAS STOLEN OR  IRRETRIEVABLY  LOST  AND  WHO
 CONSIDERS IT ESSENTIAL THAT THE FIREARM BE REPLACED IMMEDIATELY, IF:
   (A)  THE  PERSON  PROVIDES  THE SELLER OR TRANSFEROR WITH A COPY OF AN
 OFFICIAL POLICE REPORT DESCRIBING THE LOSS OR THEFT OF THE FIREARM.  THE
 OFFICIAL  POLICE REPORT MUST CONTAIN THE NAME AND ADDRESS OF THE FIREARM
 OWNER, A DESCRIPTION OF THE FIREARM, THE LOCATION OF THE LOSS OR  THEFT,
 THE  DATE  OF  THE  LOSS  OR  THEFT,  AND THE DATE THE LOSS OR THEFT WAS
 REPORTED TO THE LAW ENFORCEMENT AGENCY; AND
   (B) THE LOSS OR THEFT OCCURRED WITHIN  THIRTY  DAYS  OF  THE  PERSON'S
 ATTEMPT  TO  REPLACE  THE  FIREARM,  AS REFLECTED BY THE DATE OF LOSS OR
 THEFT ON THE OFFICIAL POLICE REPORT.
   § 3. The penal law is amended by adding a new section 400.15  to  read
 as follows:
 § 400.15 DUTIES OF DEALERS IN FIREARMS.
   1. EACH DEALER IN FIREARMS SHALL PRIOR TO THE SALE OF ANY FIREARM TO A
 PERSON REQUEST APPROVAL OF SUCH SALE TO SUCH PERSON FROM THE DIVISION OF
 CRIMINAL JUSTICE SERVICES.
   2.  UPON  RECEIPT  OF THE APPROVAL OF THE DIVISION OF CRIMINAL JUSTICE
 SERVICES OF A SALE OF A FIREARM, THE DEALER IN FIREARMS SHALL RECORD AND
 REPORT SUCH SALE TO THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  WITHIN
 TWENTY-FOUR HOURS.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.