S T A T E O F N E W Y O R K
________________________________________________________________________
8443
2023-2024 Regular Sessions
I N A S S E M B L Y
December 29, 2023
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Codes
AN ACT to amend the executive law, in relation to enacting the New York
State Attorney General Firearms Enforcement act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "New York State Attorney General Firearms Enforcement act".
§ 2. The executive law is amended by adding a new section 76 to read
as follows:
§ 76. FIREARM ENFORCEMENT. 1. FOR PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN 18
U.S.C. 921(A)(3), BUT SHALL NOT INCLUDE AN "ANTIQUE FIREARM" AS THAT
TERM IS DEFINED IN 18 U.S.C. 921(A)(16).
(B) "ILLEGAL FIREARM" MEANS ANY FIREARM THAT IS PROHIBITED FROM BEING
POSSESSED OR SOLD IN THE STATE OF NEW YORK PURSUANT TO STATE OR FEDERAL
LAW.
(C) "INDIVIDUAL SELLER OF FIREARMS" MEANS ANY PERSON WHO SELLS OR
TRANSFERS A FIREARM TO ANOTHER PERSON WITHOUT BEING A LICENSED FIREARMS
DEALER.
(D) "RAPID-FIRE MODIFICATION DEVICE" MEANS ANY BUMP STOCK, TRIGGER
CRANK, BINARY TRIGGER SYSTEM, BURST TRIGGER SYSTEM, OR ANY OTHER DEVICE
THAT IS DESIGNED TO ACCELERATE THE RATE OF FIRE OF A SEMI-AUTOMATIC
FIREARM, RIFLE OR SHOTGUN.
(E) "RETAIL FIREARMS DEALER" MEANS ANY PERSON WHO IS LICENSED TO SELL
FIREARMS AT RETAIL.
2. THE ATTORNEY GENERAL SHALL HAVE THE POWER AND DUTY TO:
(A) INVESTIGATE AND PROSECUTE ANY INDIVIDUAL SELLER OF FIREARMS OR
RETAIL FIREARMS DEALER WHO KNOWINGLY SELLS AN ILLEGAL FIREARM OR RAPID-
FIRE MODIFICATION DEVICE TO A RESIDENT OF THE STATE OF NEW YORK OR TO AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13571-02-3
A. 8443 2
INDIVIDUAL WHO PURCHASES A FIREARM OR RAPID-FIRE MODIFICATION DEVICE ON
BEHALF OF A NEW YORK STATE RESIDENT OR WHO KNOWINGLY SELLS A FIREARM OR
RAPID-FIRE MODIFICATION DEVICE TO A RESIDENT OF THE STATE OF NEW YORK OR
TO AN INDIVIDUAL WHO PURCHASES A FIREARM OR RAPID-FIRE MODIFICATION
DEVICE ON BEHALF OF A NEW YORK STATE RESIDENT WITHOUT CONTACTING THE NEW
YORK STATE POLICE FOR AUTHORIZATION PURSUANT TO SECTION TWO HUNDRED
TWENTY-EIGHT OF THIS CHAPTER AND ANY OTHER LAW, RULE OR REGULATION.
(B) SEEK AND OBTAIN INJUNCTIVE RELIEF TO PREVENT ANY INDIVIDUAL SELLER
OF FIREARMS OR RETAIL FIREARMS DEALER FROM KNOWINGLY SELLING AN ILLEGAL
FIREARM OR RAPID-FIRE MODIFICATION DEVICE TO A RESIDENT OF THE STATE OF
NEW YORK OR TO AN INDIVIDUAL WHO PURCHASES A FIREARM OR RAPID-FIRE
MODIFICATION DEVICE ON BEHALF OF A NEW YORK STATE RESIDENT OR TO PREVENT
ANY INDIVIDUAL SELLER OF FIREARMS OR RETAIL FIREARMS DEALER FROM KNOW-
INGLY SELLING A FIREARM OR RAPID-FIRE MODIFICATION DEVICE TO A RESIDENT
OF THE STATE OF NEW YORK OR TO AN INDIVIDUAL WHO PURCHASES A FIREARM OR
RAPID-FIRE MODIFICATION DEVICE ON BEHALF OF A NEW YORK STATE RESIDENT
WITHOUT CONTACTING THE NEW YORK STATE POLICE FOR AUTHORIZATION PURSUANT
TO SECTION TWO HUNDRED TWENTY-EIGHT OF THIS CHAPTER AND ANY OTHER LAW,
RULE OR REGULATION.
(C) INVESTIGATE AND PROSECUTE ANY INDIVIDUAL SELLER OF FIREARMS OR
RETAIL FIREARMS DEALER SHOULD THEY KNOWINGLY SELL AMMUNITION TO A RESI-
DENT OF THE STATE OF NEW YORK OR TO AN INDIVIDUAL WHO PURCHASES AMMUNI-
TION ON BEHALF OF A NEW YORK STATE RESIDENT WITHOUT CONTACTING THE NEW
YORK STATE POLICE FOR AUTHORIZATION PURSUANT TO SECTION TWO HUNDRED
TWENTY-EIGHT OF THIS CHAPTER AND ANY OTHER LAW, RULE OR REGULATION.
(D) SEEK AND OBTAIN INJUNCTIVE RELIEF TO PREVENT ANY INDIVIDUAL SELLER
OF FIREARMS OR RETAIL FIREARMS DEALER FROM KNOWINGLY SELLING AMMUNITION
TO A RESIDENT OF THE STATE OF NEW YORK OR TO AN INDIVIDUAL WHO PURCHASES
AMMUNITION ON BEHALF OF A NEW YORK STATE RESIDENT WITHOUT CONTACTING THE
NEW YORK STATE POLICE FOR AUTHORIZATION PURSUANT TO SECTION TWO HUNDRED
TWENTY-EIGHT OF THIS CHAPTER AND ANY OTHER LAW, RULE OR REGULATION.
3. THE ATTORNEY GENERAL SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
OF THIS SECTION BY BRINGING CIVIL AND CRIMINAL ACTIONS IN THE STATE
COURTS OF NEW YORK.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
As a free American it is outrageous that NY state lawmakers think that residents are somehow their subjects. The arrogance to think you can control a free person from buying a lawful product in another state is disgusting. Its as if lawmakers wont see that their legislation only hurts the people of this state. Once a right is so regulated as to be meaningless its ceases to be a right, and that's what NYS government has done with the second amendment to the constitution. In response to free Americans taking alternative actions to purchase a legal product NYS government turns and uses a tactic that is authoritarian and dictatorial to its core.
Disgusting
So, as a New York State resident, I wouldn’t be able to buy parts that are illegal in NYS anywhere else in the country… or firearms (even if they are legal in NYS) in other parts of the country… or ammunition in other parts of the country without the seller contacting the NYSP first… so if I’m traveling to a shooting competition and I need to purchase ammunition while I am at the venue to be used in the competition, NYS would somehow find out about this purchase and investigate it- and additionally hold an out of state retailer accountable through the court system for selling me ammunition which never enters NYS because they don’t know NYS Law and didn’t call the NYSP first? What if I spend 180 days a year in NY and 180 days a year in Texas (maintaining residency in both states simultaneously)- you’re telling me that I can’t purchase a firearm and ammunition in Texas and keep it in my home in Texas without calling the NYSP first? This is absolutely asinine.