Senate Bill S6398

                                 
BILL NUMBER: S6398

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the penal law, in relation to creating the offense of
operating as a major firearms trafficker

 
PURPOSE:

To enhance criminal penalties for major firearm traffickers.

 
SUMMARY OF PROVISIONS:

Section 1 creates a new Section 265.46 of the Penal Law that establishes
the criminal offense of operating as a major firearms trafficker as an
A-1 felony. A person is guilty of this offense if such person unlawfully
sells, exchanges, gives or disposes of to another person at least twenty
firearms within a one year period. A person would also be guilty of this
offense if such person unlawfully possesses with intent to sell at least
twenty firearms.

              

Section 2 is the effective date.

 
JUSTIFICATION:

In April 2016, New York County District Attorney Cyrus Vance, Jr. and
then Commissioner of the New York Police Department William Bretton
announced a major trafficking bust of six criminal defendants who sold
82 firearms in 26 separate transactions. As District Attorney Vance
stated, "This alleged interstate trafficking conspiracy clearly illus-
trates how deadly firearms from 'Iron Pipeline' states flood New York
City's streets. To stem the flow of illegal guns, we must deter traf-
fickers from this lucrative business by prosecuting not only Manhattan-
based illegal weapons dealers, but residents of Southern states who
knowingly provide them with guns to be resold in our city."

Under existing law, the highest criminal charge facing these defendants
is criminal sale of a firearm in the first degree or criminal possession
of a weapon in the first degree, both of which are a class B felony.
These felonies apply to sale or possession with intent to sell at least
10 firearms.

District Attorney Vance called on the State legislature to create a new
A-1 felony, Operating as a Major Firearms Trafficker, for those who
illegally sell or possess 20 or more firearms. In calling attention to
the fact that whether a defendant sells 10 firearms or 10,000, the
penalty is the same - a class B felony, the District Attorney urged us
to enhance the penalties "to deter those who stand to make tens of thou-
sands of dollars by selling large quantities 4 firearms," and "put
wholesale, illegal weapons dealers out of business."

A comprehensive report released in October 2016 by the New York State
Attorney General, Target on Trafficking, New York Crime Gun Analysis,
October 2016 (the "AG Report"), underlines the need to increase the
penalty for gun trafficking.(1) Analyzing data on "crime guns" recovered
by New York law enforcement agencies between 2010 and 2015, the AG
Report found that out of the 52,915 crime guns recovered in the state
during the 5-year period, only 3,208 guns were recovered from a posses-
sor who was also the original purchaser of the gun.  About half of these
guns were low time-to-crime, meaning the time between the recorded date
of purchase compared to the date of recovery was low (i.e., less than 3
years). Of the 30,595 crime guns for which complete data was available,
6,162 or 20% exhibited indicia of recent trafficking (if a gun has been
recovered in a short period of time and also moved across state borders
and/or between private individuals it is likely the gun was recently
trafficked). 75% of the crime guns recovered (39,491) were handguns, of
which 86% originated out-of-state. According to the AG Report, handguns
are known to be the weapon of choice among violent criminals.

Just as District Attorney Vance urged, the Attorney General included in
the report one of two recommendations at the state level to help prevent
illegal guns from coming in to New York from other states amending the
penal law "to punish traffickers so severely that the business becomes
too risky a proposition." Referencing this bill, the AG Report stated,
"The Legislature should pass it and send a message to traffickers who
think New York is an attractive market for illegal gun sales to think
again."

This bill would elevate existing criminal penalties for firearm traf-
fickers from a class B felony to a class A-1 felony. To be charged with
operating as a major firearms trafficker, the defendant must be selling
or possessing with intent to sell at least 20 firearms. Elevated penal-
ties would ensure that these dangerous criminals who are trafficking
large quantities of firearms are prevented from bringing to our state
illegal firearms that fuel the violence we are committed to seeking to
end.

This legislation is supported by the New York State Attorney General,
New York County District Attorney Cyrus Vance, the District Attorney's
Association of New York, and the NYPD.

 
LEGISLATIVE HISTORY:

2023-2024: S.6302 - Referred to Codes/A.4229 - Referred to Codes

2021-2022: S.1922 - Referred to Codes/A.659 - Referred to Codes

2019-2020: S.6649 - Referred to Codes/A.674 - Referred to Codes

2017-2018: S.4385 - Referred to Codes/A.360 - Referred to Codes

2015-2016: S.7470-A - Amend and recommit to Codes/A.10173-A - Amend and
recommit to Codes

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1)https://targettrafficking.ag.ny.gov#part1