NY State Senate Bill S5000B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 06, 2021	signed chap.236 delivered to governor
Jun 08, 2021	returned to senate passed assembly ordered to third reading cal.370 substituted for a6198b
Jun 02, 2021	referred to codes delivered to assembly passed senate
May 10, 2021	amended on third reading 5000b
May 05, 2021	advanced to third reading
May 04, 2021	2nd report cal.
May 03, 2021	1st report cal.865
Apr 27, 2021	print number 5000a
Apr 27, 2021	amend and recommit to codes
Feb 22, 2021	referred to codes

Votes

view votes

Jun 2, 2021 - floor Vote

S5000B

floor

Aye

Nay

Absent

Excused

Abstained

May 3, 2021 - Codes committee Vote

S5000A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

S5000 - Details

See Assembly Version of this Bill:: A6198
Law Section:: Penal Law
Laws Affected:: Amd §265.17, Pen L

S5000 - Summary

Relates to the purchase of firearms, rifles and shotguns.

S5000 - Sponsor Memo

 
BILL NUMBER: S5000

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the penal law, in relation to the purchase and disposal
of firearms, rifles and shotguns; and to amend the executive law, in
relation to the reporting of firearms seized or recovered by law
enforcement

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit the sale, purchase, or transfer of firearms to
anyone known to have an outstanding warrant for a felony or serious
offense. This bill also enhances the sharing of crime gun information by
requiring all state and local law enforcement agencies in the state to
submit crime gun information to the National Crime Information Center,
the National Integrated Ballistic Information Network, and the National
Tracing Center of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 265.17 of the penal law.

Section 2 of the bill amends Subdivision 4 and 5 of section 230 of the
executive law and adds three more subdivisions under this section.

Section 3 of the bill sets forth the effective date.

 
JUSTIFICATION:

This bill would make it clear in the law that it is illegal to purchase
a firearm while knowing that there is an outstanding warrant out for
your arrest on a serious offense or felony. It would also ensure that
those selling or gifting firearms to people while knowing that they have
such a warrant are held accountable as well.

This bill also requires law enforcement agencies across the state to
submit crime gun information to a number of national agencies.  Current-
ly, law enforcement agencies within NYS are not required to opt into the
ATF's crime gun trace data sharing program and eTrace system. This bill
would require all state and local law enforcement agencies to partic-
ipate in the collective data sharing program and submit any recovered
crime-related firearms through the ATF's eTrace system. Additionally,
this bill would require state and local law enforcement agencies to
submit crime-related gun information to the National Crime Information
Center (NCIC) and the National Integrated Ballistic Information Network
(NIBIN) to enhance the sharing of crime gun information both within the
state and outside. By requiring all state and local law enforcement
agencies in NYS to submit and share crime gun information, agencies will
be better equipped to conduct comprehensive traces of crime guns, combat
gun trafficking, and ultimately develop investigative strategies aimed
at reducing firearms-related violence.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect July 1, 2021.

S5000 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5000
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 purchase and  disposal
   of  firearms,  rifles and shotguns; and to amend the executive law, in
   relation to the reporting of  firearms  seized  or  recovered  by  law
   enforcement

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 265.17 of the penal law, as amended by  chapter  1
 of the laws of 2013, is amended to read as follows:
 § 265.17 Criminal purchase or disposal of a weapon.
   A person is guilty of criminal purchase or disposal of a weapon when:
   1.  Knowing  that  he  or  she  is prohibited by law from possessing a
 firearm, rifle or shotgun because of a prior conviction  or  because  of
 some  other  disability  which  would  render  him  or her ineligible to
 lawfully possess a firearm, rifle or shotgun in this  state,  OR  HE  OR
 SHE,  WITH  KNOWLEDGE  THAT  HE  OR SHE IS THE SUBJECT OF AN OUTSTANDING
 WARRANT OF ARREST ISSUED UPON THE ALLEGED  COMMISSION  OF  A  FELONY  OR
 SERIOUS  OFFENSE, such person purchases OR OTHERWISE ACQUIRES a firearm,
 rifle or shotgun from another person; or
   2. Knowing that it would be unlawful for another person to  possess  a
 firearm, rifle or shotgun, OR KNOWING THAT ANOTHER PERSON IS THE SUBJECT
 OF  AN  OUTSTANDING WARRANT OF ARREST ISSUED UPON THE ALLEGED COMMISSION
 OF A FELONY OR  SERIOUS  OFFENSE,  he  or  she  purchases  OR  OTHERWISE
 ACQUIRES  a  firearm, rifle or shotgun for, on behalf of, or for the use
 of such other person; or
   3. Knowing that another person is prohibited by law from possessing  a
 firearm,  rifle  or  shotgun because of a prior conviction or because of
 some other disability which  would  render  him  or  her  ineligible  to
 lawfully  possess  a firearm, rifle or shotgun in this state, OR KNOWING
 THAT ANOTHER PERSON IS THE SUBJECT OF AN OUTSTANDING WARRANT  OF  ARREST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09870-02-1

 S. 5000                             2
 
 ISSUED  UPON  THE  ALLEGED  COMMISSION OF A FELONY OR SERIOUS OFFENSE, a
 person disposes of a firearm, rifle or shotgun to such other person.
   Criminal purchase or disposal of a weapon is a class D felony.
   §  2.  Subdivisions  4  and  5 of section 230 of the executive law, as
 added by chapter 189 of the laws of 2000,  are  amended  and  three  new
 subdivisions 6, 7 and 8 are added to read as follows:
   4.  The superintendent of the division of state police shall establish
 and maintain within the division  a  criminal  gun  clearinghouse  as  a
 central  repository of information regarding all guns seized, forfeited,
 found or otherwise coming into the possession of any state or local  law
 enforcement  agency  which are believed to have been used in the commis-
 sion of a crime. The superintendent of  the  division  of  state  police
 shall  adopt and promulgate regulations prescribing reporting procedures
 for such state or local law enforcement agencies, including the form for
 reporting such information. In addition to any other  information  which
 the superintendent of the division of state police may require, the form
 shall  require (a) the serial number or other identifying information on
 the gun, if available and (b) a brief description of  the  circumstances
 under  which  the  gun  came  into the possession of the law enforcement
 agency, including the crime which was or may have  been  committed  with
 the  gun.  WHENEVER  A  STATE  OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
 RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED,  RECOVERED  FROM  A  CRIME
 SCENE, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCIATED WITH
 THE  COMMISSION  OF A CRIME, OR IS OTHERWISE RECOVERED BY SUCH AGENCY AS
 AN ABANDONED OR DISCARDED GUN, SUCH AGENCY SHALL REPORT SUCH  SEIZED  OR
 RECOVERED  GUN TO THE CRIMINAL GUN CLEARINGHOUSE AS SOON AS PRACTICABLE,
 BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER SUCH AGENCY  HAS  TAKEN
 POSSESSION OF SUCH GUN.  EVERY REPORT MADE TO THE CRIMINAL GUN CLEARING-
 HOUSE  SHALL RESULT IN THE SUBMISSION OF A REQUEST TO THE NATIONAL TRAC-
 ING CENTER OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO
 INITIATE A TRACE OF  SUCH  GUN  AND  THE  BUREAU  OF  ALCOHOL,  TOBACCO,
 FIREARMS  AND  EXPLOSIVES  SHALL  BE  DIRECTED  TO PROVIDE THE GUN TRACE
 RESULTS TO THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE AND TO THE
 LAW ENFORCEMENT AGENCY THAT SUBMITTED THE CLEARINGHOUSE REPORT.
   5. [In any case where a state or local law enforcement agency investi-
 gates the commission of a crime in this state  and  a  specific  gun  is
 known  to  have  been  used  in  such  crime, such agency shall submit a
 request to the national tracing center of the United  States  Department
 of  Treasury, bureau of alcohol, tobacco and firearms to trace the move-
 ment of such gun and such federal agency shall be requested  to  provide
 the  superintendent  of  the  division of state police and the local law
 enforcement agency with the results of such a  trace.  This  subdivision
 shall  not  apply  where the source of a gun is already known to a local
 law enforcement agency.] ALL STATE AND LOCAL  LAW  ENFORCEMENT  AGENCIES
 SHALL  PARTICIPATE  IN  THE  BUREAU  OF  ALCOHOL,  TOBACCO, FIREARMS AND
 EXPLOSIVES COLLECTIVE DATA SHARING PROGRAM FOR THE  PURPOSE  OF  SHARING
 GUN  TRACE  DATA  AMONG  ALL  LAW ENFORCEMENT AGENCIES IN THE STATE ON A
 RECIPROCAL BASIS.
   6. (A) WHENEVER A STATE OR LOCAL  LAW  ENFORCEMENT  AGENCY  SEIZES  OR
 RECOVERS  A  GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM THE SCENE
 OF A CRIME, OR IS REASONABLY  BELIEVED  TO HAVE BEEN USED IN OR  ASSOCI-
 ATED  WITH  THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED BY SUCH
 AGENCY AS AN ABANDONED OR DISCARDED GUN, SUCH AGENCY SHALL  ARRANGE  FOR
 EVERY  SUCH  GUN THAT IS DETERMINED TO BE OF A TYPE THAT IS ELIGIBLE FOR
 NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND  CORRE-
 LATION  TO BE TEST-FIRED AS SOON AS PRACTICABLE, AND THE RESULTS OF SUCH

 S. 5000                             3
 
 TEST-FIRING SHALL BE SUBMITTED  FORTHWITH  TO  THE  NATIONAL  INTEGRATED
 BALLISTIC  INFORMATION  NETWORK TO DETERMINE WHETHER SUCH GUN IS ASSOCI-
 ATED OR RELATED TO A CRIME, CRIMINAL EVENT, OR ANY INDIVIDUAL ASSOCIATED
 OR  RELATED  TO  A  CRIME OR CRIMINAL EVENT OR REASONABLY BELIEVED TO BE
 ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT.
   (B) WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR  RECOV-
 ERS ANY AMMUNITION CARTRIDGE CASE FROM THE SCENE OF A CRIME THAT IS OF A
 TYPE  THAT  IS  ELIGIBLE  FOR  NATIONAL INTEGRATED BALLISTIC INFORMATION
 NETWORK DATA ENTRY AND CORRELATION, OR OTHERWISE HAS REASON  TO  BELIEVE
 THAT ANY SEIZED OR RECOVERED AMMUNITION CARTRIDGE CASE THAT IS OF A TYPE
 THAT  IS  ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK
 DATA ENTRY AND CORRELATION IS RELATED TO OR ASSOCIATED WITH THE  COMMIS-
 SION  OF  A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, SUCH AGENCY SHALL,
 AS SOON AS PRACTICABLE, ARRANGE FOR THE  BALLISTICS  INFORMATION  TO  BE
 SUBMITTED TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK.
   7. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS
 ANY  GUN, SUCH AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL, CALIBER, AND
 SERIAL NUMBER OF SUCH GUN INTO THE  NATIONAL  CRIME  INFORMATION  CENTER
 SYSTEM TO DETERMINE WHETHER SUCH GUN WAS REPORTED STOLEN.
   8.  THE  SUPERINTENDENT  MAY ADOPT RULES AND REGULATIONS TO EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect July 1, 2021.

S5000A - Details

See Assembly Version of this Bill:: A6198
Law Section:: Penal Law
Laws Affected:: Amd §265.17, Pen L

S5000A - Summary

Relates to the purchase of firearms, rifles and shotguns.

S5000A - Sponsor Memo

 
BILL NUMBER: S5000A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the penal law, in relation to the purchase and disposal
of firearms, rifles and shotguns; and to amend the executive law, in
relation to the reporting of firearms seized or recovered by law
enforcement

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit the sale, purchase, or transfer of firearms to
anyone known to have an outstanding warrant for a felony or serious
offense. This bill also enhances the sharing of crime gun information by
requiring all state and local law enforcement agencies in the state to
submit crime gun information to the National Crime Information Center,
the National Integrated Ballistic Information Network, and the National
Tracing Center of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 265.17 of the penal law.

Section 2 of the bill amends Subdivision 4 and 5 of section 230 of the
executive law and adds three more subdivisions under this section.

Section 3 of the bill sets forth the effective date.

 
JUSTIFICATION:

This bill would make it clear in the law that it is illegal to purchase
a firearm while knowing that there is an outstanding warrant out for
your arrest on a serious offense or felony. It would also ensure that
those selling or gifting firearms to people while knowing that they have
such a warrant are held accountable as well.  This bill also requires
law enforcement agencies across the state to submit crime gun informa-
tion to a number of national agencies.  Currently, law enforcement agen-
cies within NYS are not required to opt into the ATF's crime gun trace
data sharing program and eTrace system. This bill would require all
state and local law enforcement agencies to participate in the collec-
tive data sharing program and submit any recovered crime-related
firearms through the ATF's eTrace system. Additionally, this bill would
require state and local law enforcement agencies to submit crime-related
gun information to the National Crime Information Center (NCIC) and the
National Integrated Ballistic Information Network (NIBIN) to enhance the
sharing of crime gun information both within the state and outside. By
requiring all state and local law enforcement agencies in NYS to submit
and share crime gun information, agencies will be better equipped to
conduct comprehensive traces of crime guns, combat gun trafficking, and
ultimately develop investigative strategies aimed at reducing firearms-
related violence.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None

 
EFFECTIVE DATE:
This act shall take effect July 1, 2021.

S5000A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5000--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the penal law, in relation to the purchase and disposal
   of firearms, rifles and shotguns; and to amend the executive  law,  in
   relation  to  the  reporting  of  firearms  seized or recovered by law
   enforcement
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 265.17 of the penal law, as amended by chapter 1
 of the laws of 2013, is amended to read as follows:
 § 265.17 Criminal purchase or disposal of a weapon.
   A person is guilty of criminal purchase or disposal of a weapon when:
   1. Knowing that he or she is  prohibited  by  law  from  possessing  a
 firearm,  rifle  or  shotgun because of a prior conviction or because of
 some other disability which  would  render  him  or  her  ineligible  to
 lawfully  possess  a firearm, rifle or shotgun in this state, OR KNOWING
 THAT HE OR SHE IS THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST ISSUED
 UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE, such  person
 purchases OR OTHERWISE ACQUIRES a firearm, rifle or shotgun from another
 person; or
   2.  Knowing  that it would be unlawful for another person to possess a
 firearm, rifle or shotgun, OR KNOWING THAT ANOTHER PERSON IS THE SUBJECT
 OF AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE  ALLEGED  COMMISSION
 OF  A  FELONY  OR  SERIOUS  OFFENSE,  he  or  she purchases OR OTHERWISE
 ACQUIRES a firearm, rifle or shotgun for, on behalf of, or for  the  use
 of such other person; or
   3.  Knowing that another person is prohibited by law from possessing a
 firearm, rifle or shotgun because of a prior conviction  or  because  of
 some  other  disability  which  would  render  him  or her ineligible to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09870-03-1

 S. 5000--A                          2
 
 lawfully possess a firearm, rifle or shotgun in this state,  OR  KNOWING
 THAT  ANOTHER  PERSON IS THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST
 ISSUED UPON THE ALLEGED COMMISSION OF A FELONY  OR  SERIOUS  OFFENSE,  a
 person disposes of a firearm, rifle or shotgun to such other person.
   Criminal purchase or disposal of a weapon is a class D felony.
   §  2.  Subdivisions  4  and  5 of section 230 of the executive law, as
 added by chapter 189 of the laws of 2000,  are  amended  and  three  new
 subdivisions 6, 7 and 8 are added to read as follows:
   4.  The superintendent of the division of state police shall establish
 and maintain within the division  a  criminal  gun  clearinghouse  as  a
 central  repository of information regarding all guns seized, forfeited,
 found or otherwise coming into the possession of any state or local  law
 enforcement  agency  which are believed to have been used in the commis-
 sion of a crime. The superintendent of  the  division  of  state  police
 shall  adopt and promulgate regulations prescribing reporting procedures
 for such state or local law enforcement agencies, including the form for
 reporting such information. In addition to any other  information  which
 the superintendent of the division of state police may require, the form
 shall  require (a) the serial number or other identifying information on
 the gun, if available and (b) a brief description of  the  circumstances
 under  which  the  gun  came  into the possession of the law enforcement
 agency, including the crime which was or may have  been  committed  with
 the  gun.  WHENEVER  A  STATE  OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
 RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED,  RECOVERED  FROM  A  CRIME
 SCENE, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCIATED WITH
 THE  COMMISSION  OF A CRIME, OR IS OTHERWISE RECOVERED BY SUCH AGENCY AS
 AN ABANDONED OR DISCARDED GUN, SUCH AGENCY SHALL REPORT SUCH  SEIZED  OR
 RECOVERED  GUN TO THE CRIMINAL GUN CLEARINGHOUSE AS SOON AS PRACTICABLE,
 BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER SUCH AGENCY  HAS  TAKEN
 POSSESSION OF SUCH GUN.  EVERY REPORT MADE TO THE CRIMINAL GUN CLEARING-
 HOUSE  SHALL RESULT IN THE SUBMISSION OF A REQUEST TO THE NATIONAL TRAC-
 ING CENTER OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO
 INITIATE A TRACE OF  SUCH  GUN  AND  THE  BUREAU  OF  ALCOHOL,  TOBACCO,
 FIREARMS  AND  EXPLOSIVES  SHALL  BE  DIRECTED  TO PROVIDE THE GUN TRACE
 RESULTS TO THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE AND TO THE
 LAW ENFORCEMENT AGENCY THAT SUBMITTED THE CLEARINGHOUSE REPORT.
   5. [In any case where a state or local law enforcement agency investi-
 gates the commission of a crime in this state  and  a  specific  gun  is
 known  to  have  been  used  in  such  crime, such agency shall submit a
 request to the national tracing center of the United  States  Department
 of  Treasury, bureau of alcohol, tobacco and firearms to trace the move-
 ment of such gun and such federal agency shall be requested  to  provide
 the  superintendent  of  the  division of state police and the local law
 enforcement agency with the results of such a  trace.  This  subdivision
 shall  not  apply  where the source of a gun is already known to a local
 law enforcement agency.] ALL STATE AND LOCAL  LAW  ENFORCEMENT  AGENCIES
 SHALL  PARTICIPATE  IN  THE  BUREAU  OF  ALCOHOL,  TOBACCO, FIREARMS AND
 EXPLOSIVES COLLECTIVE DATA SHARING PROGRAM FOR THE  PURPOSE  OF  SHARING
 GUN  TRACE  DATA  AMONG  ALL  LAW ENFORCEMENT AGENCIES IN THE STATE ON A
 RECIPROCAL BASIS.
   6. (A) WHENEVER A STATE OR LOCAL  LAW  ENFORCEMENT  AGENCY  SEIZES  OR
 RECOVERS  A  GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM THE SCENE
 OF A CRIME, OR IS REASONABLY  BELIEVED  TO HAVE BEEN USED IN OR  ASSOCI-
 ATED  WITH  THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED BY SUCH
 AGENCY AS AN ABANDONED OR DISCARDED GUN, SUCH AGENCY SHALL  ARRANGE  FOR
 EVERY  SUCH  GUN THAT IS DETERMINED TO BE OF A TYPE THAT IS ELIGIBLE FOR

 S. 5000--A                          3
 
 NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND  CORRE-
 LATION  TO BE TEST-FIRED AS SOON AS PRACTICABLE, AND THE RESULTS OF SUCH
 TEST-FIRING SHALL BE SUBMITTED  FORTHWITH  TO  THE  NATIONAL  INTEGRATED
 BALLISTIC  INFORMATION  NETWORK TO DETERMINE WHETHER SUCH GUN IS ASSOCI-
 ATED OR RELATED TO A CRIME, CRIMINAL EVENT, OR ANY INDIVIDUAL ASSOCIATED
 OR RELATED TO A CRIME OR CRIMINAL EVENT OR  REASONABLY  BELIEVED  TO  BE
 ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT.
   (B)  WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOV-
 ERS ANY AMMUNITION CARTRIDGE CASE FROM THE SCENE OF A CRIME THAT IS OF A
 TYPE THAT IS ELIGIBLE  FOR  NATIONAL  INTEGRATED  BALLISTIC  INFORMATION
 NETWORK  DATA  ENTRY AND CORRELATION, OR OTHERWISE HAS REASON TO BELIEVE
 THAT ANY SEIZED OR RECOVERED AMMUNITION CARTRIDGE CASE THAT IS OF A TYPE
 THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC  INFORMATION  NETWORK
 DATA  ENTRY AND CORRELATION IS RELATED TO OR ASSOCIATED WITH THE COMMIS-
 SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, SUCH  AGENCY  SHALL,
 AS  SOON  AS  PRACTICABLE,  ARRANGE FOR THE BALLISTICS INFORMATION TO BE
 SUBMITTED TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK.
   7. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS
 ANY GUN, SUCH AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL, CALIBER,  AND
 SERIAL  NUMBER  OF  SUCH  GUN INTO THE NATIONAL CRIME INFORMATION CENTER
 SYSTEM TO DETERMINE WHETHER SUCH GUN WAS REPORTED STOLEN.
   8. THE SUPERINTENDENT MAY ADOPT RULES AND  REGULATIONS  TO  EFFECTUATE
 THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect July 1, 2021.

Co-Sponsors

S5000B (ACTIVE) - Details

See Assembly Version of this Bill:: A6198
Law Section:: Penal Law
Laws Affected:: Amd §265.17, Pen L

S5000B (ACTIVE) - Summary

Relates to the purchase of firearms, rifles and shotguns.

S5000B (ACTIVE) - Sponsor Memo

S5000B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5000--B
     Cal. No. 865
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 AN  ACT to amend the penal law, in relation to the purchase and disposal
   of firearms, rifles and shotguns
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 265.17 of the penal law, as amended by chapter 1
 of the laws of 2013, is amended to read as follows:
 § 265.17 Criminal purchase or disposal of a weapon.
   A person is guilty of criminal purchase or disposal of a weapon when:
   1. Knowing that he or she is  prohibited  by  law  from  possessing  a
 firearm,  rifle  or  shotgun because of a prior conviction or because of
 some other disability which  would  render  him  or  her  ineligible  to
 lawfully  possess  a firearm, rifle or shotgun in this state, OR KNOWING
 THAT HE OR SHE IS THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST ISSUED
 UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE, such  person
 purchases OR OTHERWISE ACQUIRES a firearm, rifle or shotgun from another
 person; or
   2.  Knowing  that it would be unlawful for another person to possess a
 firearm, rifle or shotgun, OR KNOWING THAT ANOTHER PERSON IS THE SUBJECT
 OF AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE  ALLEGED  COMMISSION
 OF  A  FELONY  OR  SERIOUS  OFFENSE,  he  or  she purchases OR OTHERWISE
 ACQUIRES a firearm, rifle or shotgun for, on behalf of, or for  the  use
 of such other person; or
   3.  Knowing that another person is prohibited by law from possessing a
 firearm, rifle or shotgun because of a prior conviction  or  because  of
 some  other  disability  which  would  render  him  or her ineligible to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09870-06-1

 S. 5000--B                          2
 
 lawfully possess a firearm, rifle or shotgun in this state,  OR  KNOWING
 THAT  ANOTHER  PERSON IS THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST
 ISSUED UPON THE ALLEGED COMMISSION OF A FELONY  OR  SERIOUS  OFFENSE,  a
 person disposes of a firearm, rifle or shotgun to such other person.
   Criminal purchase or disposal of a weapon is a class D felony.
   § 2. This act shall take effect July 1, 2021.

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The New York State Senate

senate Bill S5000B

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Archive: Last Bill Status - Signed by Governor

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Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

May 3, 2021 - Codes committee Vote

Committee Vote: May 3, 2021

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S5000 - Details

S5000 - Summary

S5000 - Sponsor Memo

S5000 - Bill Text download pdf

S5000A - Details

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S5000B (ACTIVE) - Details

S5000B (ACTIVE) - Summary

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senate Bill S5000B

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

May 3, 2021 - Codes committee Vote

Committee Vote: May 3, 2021

Bill Amendments

S5000 - Details

S5000 - Summary

S5000 - Sponsor Memo

S5000 - Bill Text download pdf

S5000A - Details

S5000A - Summary

S5000A - Sponsor Memo

S5000A - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

James Gaughran

Anna M. Kaplan

John C. Liu

Luis R. Sepúlveda

S5000B (ACTIVE) - Details

S5000B (ACTIVE) - Summary

S5000B (ACTIVE) - Sponsor Memo

S5000B (ACTIVE) - Bill Text download pdf

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