NY State Senate Bill 2023-S248

Archive: Last Bill Status - In Senate Committee Codes Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 04, 2023	referred to codes

2023-S248 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §400.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4995
2015-2016: S1004
2017-2018: S1669
2019-2020: S536
2021-2022: S1719
2025-2026: S638

2023-S248 (ACTIVE) - Summary

Relates to gun buy back programs; requires entities operating such programs to check the serial number of all firearms obtained against the NYSPIN records and to obtain the express permission of the lawful owner of any firearm found to be stolen before the destruction thereof.

2023-S248 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S248

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to gun buyback programs

 
PURPOSE:

This legislation would require that all firearms obtained through a
private or governmental "gun buyback program" be checked against the New
York Statewide Police Information Network (NYSPIN) to ensure the
firearms have not been reported as stolen.

 
SUMMARY OF PROVISIONS:

Section one of the bill requires that the serial numbers of every
firearm obtained through a gun buyback program be cross-referenced with
the NYSPIN records of stolen firearms before being destroyed.  This
section also allows for the firearm to be destroyed only after obtaining
the express permission of the lawful owner and requires the firearm to
be returned if the lawful owner does,not give express permission to

destroy the firearm. If further sets out that before a stolen firearm
can be returned, it must be determined that the lawful owner is eligible
to possess such firearm. If it is determined that the lawful owner is
not eligible to possess the stolen firearm, then the firearm can be
destroyed even without the express consent of the lawful owner. Estab-
lishes a definition of a "gun buyback program".

Section two establishes the effective date.

 
JUSTIFICATION:

Currently, there is no requirement that private or governmental entities
running "gun buyback programs" need to check the recovered weapons prior
to disposing of them. The purpose of these gun buyback programs is to
try to get guns off the streets and out of the hands of criminals.
However, we do not want these programs to encourage the theft of
lawfully owned firearms. In order to ensure that the guns turned in are
either unaccounted for or returned by their lawful owner, this legis-
lation would require that the serial number of the guns be cross-refer-
enced with NYSPIN, which already keeps a record of firearms reported as
stolen.

 
LEGISLATIVE HISTORY:

2021-22:S.1719 Referred to Codes

2019-20:S.536 Referred to Codes

2017-18:S.1669 Referred to Codes

2015-16:S.1004 Referred to Codes

2013-14:S.4995 Referred to Codes

 
FISCAL IMPLICATIONS:

Minimal
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law; provided, however, that effec-
tive immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

2023-S248 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    248
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 gun buyback programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  400.05  of the penal law, as
 amended by chapter 350 of the laws of 1986, is amended and a new  subdi-
 vision 7 is added to read as follows:
   1. Any weapon, instrument, appliance or substance specified in article
 two hundred sixty-five OF THIS CHAPTER, when unlawfully possessed, manu-
 factured, transported or disposed of, or when utilized in the commission
 of  an  offense, is hereby declared a nuisance. When the same shall come
 into the possession of any police officer or peace officer, it shall  be
 surrendered immediately to the official mentioned in [paragraph] SUBPAR-
 AGRAPH  (f)  of  [subdivision] PARAGRAPH one OF SUBDIVISION A of section
 265.20 OF THIS CHAPTER, except that such weapon,  instrument,  appliance
 or  substance  coming  into  the possession of the state police shall be
 surrendered to the superintendent of state police.
   7. (A) ANY PRIVATE OR GOVERNMENTAL  ENTITY  OPERATING  A  GUN  BUYBACK
 PROGRAM SHALL:
   (I)  REQUIRE  THAT THE SERIAL NUMBER OF EVERY FIREARM OBTAINED BY SUCH
 GUN BUYBACK PROGRAM IS CHECKED AGAINST THE  NEW  YORK  STATEWIDE  POLICE
 INFORMATION  NETWORK  (NYSPIN)  RECORDS OF STOLEN FIREARMS AND, IF IT IS
 FOUND THAT ANY SUCH FIREARM IS A STOLEN FIREARM, THAT THE FIREARM IS NOT
 DESTROYED WITHOUT THE EXPRESS PERMISSION OF THE LAWFUL OWNER THEREOF AND
 THAT IF THE LAWFUL OWNER OF THE FIREARM DOES NOT GIVE EXPRESS PERMISSION
 FOR THE FIREARM TO BE DESTROYED, THAT THE FIREARM  IS  RETURNED  TO  ITS
 LAWFUL OWNER;
   (II)  PRIOR TO RETURNING A STOLEN FIREARM TO A LAWFUL OWNER, DETERMINE
 WHETHER OR NOT THE LAWFUL OWNER IS ELIGIBLE TO POSSESS A  FIREARM  UNDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00187-01-3
 S. 248                              2
 
 THIS  CHAPTER.  IF  THE  LAWFUL  OWNER  OF  THE FIREARM IS INELIGIBLE TO
 POSSESS A FIREARM UNDER THIS  CHAPTER,  THE  ENTITY  OPERATING  THE  GUN
 BUYBACK  PROGRAM  MAY DESTROY THE FIREARM IN COMPLIANCE WITH SUBDIVISION
 TWO OF THIS SECTION.
   (B)  FOR  THE PURPOSES OF THIS SECTION, THE TERM "GUN BUYBACK PROGRAM"
 SHALL MEAN ANY PROGRAM IN WHICH FIREARMS, MACHINE-GUNS OR AMMUNITION ARE
 PURCHASED BY OR SURRENDERED TO THE SUPERINTENDENT  OF  THE  DIVISION  OF
 STATE  POLICE  OR A MEMBER THEREOF DESIGNATED BY SUCH SUPERINTENDENT, OR
 TO A COUNTY SHERIFF, OR IN THE COUNTY OF NASSAU OR IN THE TOWNS OF BABY-
 LON, BROOKHAVEN, HUNTINGTON,  ISLIP  AND  SMITHTOWN  IN  THE  COUNTY  OF
 SUFFOLK  TO THE COMMISSIONER OF POLICE OR A MEMBER OF THE POLICE DEPART-
 MENT THEREOF DESIGNATED BY SUCH COMMISSIONER, OR TO THE  POLICE  COMMIS-
 SIONER OR HEAD OF THE POLICE FORCE OR DEPARTMENT OF ANY CITY, TOWN OTHER
 THAN  ONE  NAMED IN THIS PARAGRAPH, OR VILLAGE THEREOF OR TO A MEMBER OF
 THE FORCE OR DEPARTMENT DESIGNATED BY SUCH COMMISSIONER OR HEAD.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.  Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.

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Senate Bill S248

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S248 (ACTIVE) - Details

2023-S248 (ACTIVE) - Summary

2023-S248 (ACTIVE) - Sponsor Memo

2023-S248 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2023-S248 (ACTIVE) - Details

2023-S248 (ACTIVE) - Summary

2023-S248 (ACTIVE) - Sponsor Memo

2023-S248 (ACTIVE) - Bill Text download pdf

Comments