senate Bill S5338

2021-2022 Legislative Session

Relates to firearms; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 02, 2021 referred to codes

Co-Sponsors

S5338 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §400.03, amd §§265.00, 400.00 & 400.02, Pen L; amd §§9.46, 7.09 & 13.09, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5837
2017-2018: S3958
2019-2020: S3930

S5338 (ACTIVE) - Summary

Relates to firearms; authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family; relates to reports of substantial risk or threat of harm by mental health professionals; repeals certain provisions of law relating thereto.

S5338 (ACTIVE) - Sponsor Memo

S5338 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5338
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- 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;  to amend the penal law, in relation to the filing
   of approved applications for licenses to carry,  possess,  repair  and
   dispose  of  firearms; to amend the mental hygiene law, in relation to
   reports of substantial risk or threat of harm by mental health profes-
   sionals; to amend the penal law, in relation  to  licenses  to  carry,
   possess,  repair and dispose of firearms; and to repeal section 400.03
   of the penal law relating to sellers of ammunition
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 400.03 of the penal law is REPEALED.
   §  2.  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;
   §  3.  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  ONE
 of  the  laws of two thousand thirteen [which added this paragraph], may
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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