Assembly Bill A894

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    894
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BLANKENBUSH,  ANGELINO, BRABENEC, DeSTEFANO,
   DiPIETRO, HAWLEY, McDONOUGH, MILLER, SMULLEN, TAGUE -- read  once  and
   referred to the Committee on Codes
 
 AN  ACT  to amend the penal law, in relation to authorizing the transfer
   of certain weapons from an  estate  to  an  immediate  member  of  the
   decedent's family
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (g) of subdivision 22 of section  265.00  of  the
 penal  law  is  amended  by  adding  a new subparagraph (vii) to read as
 follows:
   (VII) ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT  TO
 SUBDIVISION  SIXTEEN-A  OF  SECTION 400.00 OF THIS CHAPTER PRIOR TO SUCH
 PERSON'S DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN  IMMEDI-
 ATE  FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO THE
 PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION. FOR  PURPOSES  OF  THIS
 SUBPARAGRAPH, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE;
   §  2.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
 law, as amended by chapter 209 of the laws of 2022, is amended  to  read
 as follows:
   (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
 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 seventy-two hours of such transfer.  An  individual
 who  transfers any such weapon to an individual inside New York state or
 without complying with the provisions of this paragraph shall be  guilty
 of a class A misdemeanor.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03306-01-5
              

 A. 894                              2
 
   (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F)  OF  THIS  SUBDIVISION
 THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
 TO  SUCH  INDIVIDUAL'S  DEATH  MAY  BE TRANSFERRED BY THE ESTATE OF SUCH
 INDIVIDUAL  TO  ONE  OF  THEIR IMMEDIATE FAMILY MEMBERS. FOR PURPOSES OF
 THIS SUBPARAGRAPH, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE.
   § 3. This act shall take effect immediately.