senate Bill S8780A

2021-2022 Legislative Session

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun and ammunition sales to individuals with a criminal record

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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2022 print number 8780a
May 24, 2022 amend and recommit to codes
Apr 14, 2022 referred to codes

Co-Sponsors

S8780 - Details

See Assembly Version of this Bill:
A837
Current Committee:
Senate Codes
Law Section:
General Business Law
Laws Affected:
Add Art 39-BB §§875-a - 875-i, Gen Bus L; amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1093
2011-2012: A361
2013-2014: A3280
2015-2016: A2217
2017-2018: A2659
2019-2020: A1054

S8780 - Summary

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to individuals with a criminal record; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training (view more) prohibits straw purchases; imposes additional license conditions.

S8780 - Sponsor Memo

S8780 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8780
 
                             I N  S E N A T E
 
                              April 14, 2022
                                ___________
 
 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 general business law and the penal law, in  relation
   to  preventing  the unlawful sale of firearms, rifles, and shotguns to
   individuals with a criminal record
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and declaration. The legislature here-
 by finds and declares as follows:
   1.  Guns--including  firearms,  rifles  and shotguns--are used to kill
 almost 40,000 individuals in the United States every year, including 800
 individuals in New York state alone.  Additionally,  there  are  115,000
 non-fatal injuries across the country.  Gun violence also costs billions
 of  dollars  and   causes   incalculable emotional  damage,  devastating
 families and communities throughout the country. In spite of the efforts
 of many individual federal officials, the federal  government  has  been
 unwilling  to enact legislation to address this public health crisis and
 has left it up to state and local governments to do so. The state of New
 York has a strong interest in reducing violence and crimes that  involve
 the  use  of  guns  and  the  illegal  trafficking of guns. Illegal guns
 obtained throughout the state end up in the hands of individuals who are
 prohibited from possessing them because of their criminal record,  their
 youth, their particular mental health, or a protective order. Such ille-
 gal guns are often used to threaten, maim and kill New Yorkers.
   2.  There  is a thriving underground market for illegal guns, which is
 leading to shootings that  are  disproportionately  impacting  under-re-
 sourced  Black  and brown communities. A highly efficient and continuous
 business practice exists in which guns are moved from legal  manufacture
 and  sale to prohibited purchasers, making them illegal guns.  According
 to a recent report of the New York state attorney general, 52,915  crime
 guns  were  recovered  by  law enforcement in New York between 2010-2015
 (Target on Trafficking, New York Crime Gun Analysis, October 2016, here-
 inafter the "2016 AG Report"). Of these crime guns, 13,188 or  25%  were
 long  guns.  Outside New York City, long guns are sold without a permit.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S8780A (ACTIVE) - Details

See Assembly Version of this Bill:
A837
Current Committee:
Senate Codes
Law Section:
General Business Law
Laws Affected:
Add Art 39-BB §§875-a - 875-i, Gen Bus L; amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1093
2011-2012: A361
2013-2014: A3280
2015-2016: A2217
2017-2018: A2659
2019-2020: A1054

S8780A (ACTIVE) - Summary

Requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun sales to individuals with a criminal record; provides that such measures shall be promulgated by the superintendent of state police; restricts premises of sales; requires employee training (view more) prohibits straw purchases; imposes additional license conditions.

S8780A (ACTIVE) - Sponsor Memo

S8780A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8780--A
 
                             I N  S E N A T E
 
                              April 14, 2022
                                ___________
 
 Introduced by Sens. KAVANAGH, GAUGHRAN, GOUNARDES, HOYLMAN -- 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 general business law and the penal law, in  relation
   to  preventing  the unlawful sale of firearms, rifles, and shotguns to
   individuals with a criminal record
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 39-BB to read as follows:
                               ARTICLE 39-BB
                 PREVENTING THE UNLAWFUL SALE OF FIREARMS,
        RIFLES, AND SHOTGUNS TO INDIVIDUALS WITH A CRIMINAL RECORD
 SECTION 875-A. DEFINITIONS.
         875-B. SECURITY.
         875-C. ACCESS TO FIREARMS, RIFLES, AND SHOTGUNS.
         875-D. LOCATION OF FIREARM, RIFLE, AND SHOTGUN SALES.
         875-E. EMPLOYEE TRAINING.
         875-F. MAINTENANCE OF RECORDS.
         875-G. INTERNAL COMPLIANCE AND CERTIFICATION.
         875-H. RULES AND REGULATIONS.
         875-I. VIOLATIONS.
   § 875-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "DEALER" MEANS A GUNSMITH OR DEALERS IN FIREARMS LICENSED PURSUANT
 TO SECTION 400.00 OF THE PENAL LAW.
   2. "DISPOSE OF" OR "DISPOSITION OF" MEANS TO GIVE, GIVE  AWAY,  LEASE,
 LEND, KEEP FOR SALE, OFFER, OFFER FOR SALE, SELL, OR TRANSFER.
   3.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
 SION THREE OF SECTION 265.00 OF THE PENAL LAW.
   4. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVISION
 ELEVEN OF SECTION 265.00 OF THE PENAL LAW.
   5. "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN  SUBDIVI-
 SION TWELVE OF SECTION 265.00 OF THE PENAL LAW.
   6.  "STRAW  PURCHASE" MEANS THE PURCHASE, OR ATTEMPT TO PURCHASE, BY A
 PERSON OF A FIREARM, RIFLE, SHOTGUN OR AMMUNITION FOR, ON BEHALF OF,  OR
 FOR  THE  USE  OF  ANOTHER  PERSON  KNOWN OR UNKNOWN. THE TERM SHALL NOT

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