Senate Bill S418

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    418
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. GIANARIS, ADDABBO, JACKSON, KRUEGER, RIVERA, SERRA-
   NO, STAVISKY -- 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  unlawful  procurement
   of a firearm

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The penal law is amended by adding a new section 265.67 to
 read as follows:
 § 265.67 UNLAWFUL PROCUREMENT OF A FIREARM.
   A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN:
   1. SUCH PERSON PURCHASES OR TAKES POSSESSION OF MORE THAN ONE  FIREARM
 FROM ANY DEALER IN FIREARMS DURING ANY THIRTY-DAY PERIOD; OR
   2.  BEING  A  DEALER  IN  FIREARMS,  SUCH  PERSON SELLS OR TRANSFERS A
 FIREARM TO ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM
 DURING THE PREVIOUS THIRTY DAYS.
   UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR.
   § 2. Section 265.20 of the penal law is amended by adding a new subdi-
 vision f to read as follows:
   F. SECTION 265.67 OF THIS ARTICLE SHALL NOT APPLY TO:
   1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS
 OFFICER ACTING WITHIN THE COURSE AND SCOPE OF SUCH  PERSON'S  EMPLOYMENT
 OR OFFICIAL DUTIES;
   2.  A  UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF THE UNITED
 STATES OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED  TO
 POSSESS A FIREARM IN THE OPERATION OF SUCH PERSON'S OFFICIAL DUTIES;
   3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
 ENGAGED IN THE COURSE  AND  SCOPE  OF  THEIR  ACTIVITIES  AS  LICENSEES,
 PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
 ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01585-01-5
 S. 418                              2
 
   4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR
 REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK
 FROM SUCH A GUNSMITH;
   5.  A  COMMON  CARRIER, WAREHOUSEPERSON OR OTHER PERSON ENGAGED IN THE
 BUSINESS OF TRANSPORTING OR  STORING  GOODS,  TO  THE  EXTENT  THAT  THE
 POSSESSION  OR RECEIPT OF ANY FIREARM IS IN THE ORDINARY COURSE OF BUSI-
 NESS, AND NOT FOR THE PERSONAL USE OF ANY SUCH PERSON;
   6. A PERSON ACQUIRING FIREARMS BY OPERATION OF LAW UPON THE  DEATH  OF
 THE FORMER OWNER OF THE FIREARMS; OR
   7.  A  PERSON  WHOSE  FIREARM WAS STOLEN OR IRRETRIEVABLY LOST AND WHO
 CONSIDERS IT ESSENTIAL THAT THE FIREARM BE REPLACED IMMEDIATELY, IF:
   (A) THE PERSON PROVIDES THE SELLER OR TRANSFEROR WITH  A  COPY  OF  AN
 OFFICIAL  POLICE REPORT DESCRIBING THE LOSS OR THEFT OF THE FIREARM. THE
 OFFICIAL POLICE REPORT MUST CONTAIN THE NAME AND ADDRESS OF THE  FIREARM
 OWNER,  A DESCRIPTION OF THE FIREARM, THE LOCATION OF THE LOSS OR THEFT,
 THE DATE OF THE LOSS OR THEFT, AND  THE  DATE  THE  LOSS  OR  THEFT  WAS
 REPORTED TO THE LAW ENFORCEMENT AGENCY; AND
   (B)  THE  LOSS  OR  THEFT  OCCURRED WITHIN THIRTY DAYS OF THE PERSON'S
 ATTEMPT TO REPLACE THE FIREARM, AS REFLECTED BY  THE  DATE  OF  LOSS  OR
 THEFT ON THE OFFICIAL POLICE REPORT.
   §  3.  The penal law is amended by adding a new section 400.15 to read
 as follows:
 § 400.15 DUTIES OF DEALERS IN FIREARMS.
   1. EACH DEALER IN FIREARMS SHALL PRIOR TO THE SALE OF ANY FIREARM TO A
 PERSON REQUEST APPROVAL OF SUCH SALE TO SUCH PERSON FROM THE DIVISION OF
 CRIMINAL JUSTICE SERVICES.
   2. UPON RECEIPT OF THE APPROVAL OF THE DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES OF A SALE OF A FIREARM, THE DEALER IN FIREARMS SHALL RECORD AND
 REPORT  SUCH  SALE  TO  THE DIVISION OF CRIMINAL JUSTICE SERVICES WITHIN
 TWENTY-FOUR HOURS.
   § 4. Nothing in this act shall prevent  localities  across  the  state
 from  enacting  more restrictive laws regarding how many firearms may be
 purchased within a certain period of time.
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.