S T A T E O F N E W Y O R K
________________________________________________________________________
5872
2021-2022 Regular Sessions
I N S E N A T E
March 19, 2021
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law and the penal law, in relation
to the exchange or transfer of firearms, rifles and shotguns pursuant
to a decedent's will and/or probate order
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 898 of the general business law,
as amended by chapter 129 of the laws of 2019, is amended to read as
follows:
1. In addition to any other requirements pursuant to state and federal
law, all sales, exchanges or disposals of firearms, rifles or shotguns
shall be conducted in accordance with this section unless such sale,
exchange or disposal is conducted by a licensed importer, licensed
manufacturer or licensed dealer, as those terms are defined in 18 USC §
922, when such sale, exchange or disposal is conducted pursuant to that
person's federal firearms license or such sale, exchange or disposal is
between members of an immediate family OR SUCH EXCHANGE OR TRANSFER IS
PURSUANT TO DECEDENT'S WILL AND/OR PROBATE ORDER, DIRECTING SUCH
EXCHANGE OR TRANSFER TO A PERSON WHO QUALIFIES UNDER THIS SECTION. When
a sale, exchange or disposal is conducted pursuant to a person's federal
firearms license, before delivering a firearm, rifle or shotgun to any
person, either (a) the National Instant Criminal Background Check System
(NICS) or its successor has issued a "proceed" response to the federal
firearms licensee, or (b) thirty calendar days shall have elapsed since
the date the federal firearms licensee contacted NICS to initiate a
national instant criminal background check and NICS has not notified the
federal firearms licensee that the transfer of the firearm, rifle or
shotgun to such person should be denied. For purposes of this section,
"immediate family" shall mean spouses, domestic partners, children and
step-children.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10432-01-1
S. 5872 2
§ 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) 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 registered within seven-
ty-two hours of such transfer. SUCH PERMISSIBLE SALE, EXCHANGE OR
DISPOSAL OF ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVI-
SION THAT WAS LEGALLY POSSESSED BY AN INDIVIDUAL PRIOR TO THE ENACTMENT
OF CHAPTER ONE OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS
PARAGRAPH SHALL ALSO INCLUDE A MEMBER OF THE TRANSFEROR'S IMMEDIATE
FAMILY, WHO RESIDES EITHER WITHIN OR OUTSIDE THE STATE OF NEW YORK, AND
SHALL INCLUDE TRANSFERS MADE PURSUANT TO A DECEDENT'S WILL AND/OR
PROBATE ORDER, DIRECTING SUCH EXCHANGE OR TRANSFER TO A PERSON WHO QUAL-
IFIES UNDER THIS SECTION, WHETHER THAT PERSON RESIDES INSIDE OR OUTSIDE
THE STATE OF NEW YORK. SUCH PERMISSIBLE SALE, EXCHANGE OR DISPOSAL OF
ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION, TO AN
IMMEDIATE FAMILY MEMBER AS DEFINED IN SECTION EIGHT HUNDRED NINETY-EIGHT
OF THE GENERAL BUSINESS LAW, AND SUCH PERMISSIBLE TRANSFERS MADE PURSU-
ANT TO A DECEDENT'S WILL AND/OR PROBATE ORDER, DIRECTING SUCH EXCHANGE
OR TRANSFER TO A PERSON WHO QUALIFIES UNDER THIS SECTION, SHALL NOT
INCLUDE TRANSFERS OF LARGE CAPACITY AMMUNITION FEEDING DEVICES AS THE
EXPRESSION, 'LARGE CAPACITY AMMUNITION FEEDING DEVICE' IS DEFINED IN
SUBDIVISION TWENTY-THREE OF THIS SECTION. An individual who transfers
any such weapon or large capacity ammunition device to an 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 thirteen 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 para-
graph.
§ 3. This act shall take effect immediately.
