Bill Text: NY A02176 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires gunsmiths and firearms dealers to implement a plan for securing firearms, rifles and shotguns, including those transported in interstate commerce with the following minimum requirements for such security plan: display cases must be locked at all times; firearms, rifles and shotguns must be secured in a locked fireproof safe or vault in the licensed premises or in a similar secured and locked area; and ammunition must be stored and secured separately from the firearms, rifles and shotguns, and out of reach of the customers.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02176 Detail]

Download: New_York-2021-A02176-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2176

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M.  of  A. SIMON -- Multi-Sponsored by -- M. of A. CRUZ,
          DINOWITZ, FERNANDEZ, GLICK,  GOTTFRIED,  GRIFFIN,  McDONOUGH,  SAYEGH,
          WILLIAMS -- read once and referred to the Committee on Codes

        AN  ACT to amend the penal law, in relation to security requirements for
          gunsmiths and dealers in firearms

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 400.00 of the penal law is amended by adding a new
     2  subdivision 12-d to read as follows:
     3    12-d. Security requirements for gunsmiths and dealers in firearms. Any
     4  person licensed as a gunsmith or dealer in firearms  shall  implement  a
     5  security  plan  for  securing  firearms,  rifles and shotguns, including
     6  firearms, rifles and shotguns transported in  interstate  commerce,  and
     7  shall  at all times comply therewith. The plan must satisfy at least the
     8  following requirements: (a) all display cases shall  be  locked  at  all
     9  times  except when removing a single firearm, rifle or shotgun to show a
    10  customer, and customers shall handle firearms, rifles or shotguns  under
    11  the  direct  supervision  of  an  employee; (b) all firearms, rifles and
    12  shotguns shall be secured in a locked fireproof safe  or  vault  in  the
    13  licensed premises or in a similar secured and locked area; and (c) ammu-
    14  nition  shall be stored and secured separately from the firearms, rifles
    15  and shotguns, and out of reach of the customers.
    16    § 2. Paragraph (a) of subdivision 11 of section 400.00 the penal  law,
    17  as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
    18  follows:
    19    (a) The conviction of a licensee  anywhere  of  a  felony  or  serious
    20  offense  or  a  licensee  at  any  time  becoming ineligible to obtain a
    21  license under this section shall operate as a revocation of the license.
    22  A license may be revoked or suspended as provided for in section  530.14
    23  of  the  criminal  procedure law or section eight hundred forty-two-a of
    24  the family court act. Except for a license issued  pursuant  to  section

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01134-01-1
        A. 2176                             2

     1  400.01  of  this  article, a license may be revoked and cancelled at any
     2  time in the city of New York, and in the counties of Nassau and Suffolk,
     3  by the licensing officer, and elsewhere than in the city of New York  by
     4  any  judge or justice of a court of record; a license issued pursuant to
     5  section 400.01 of this article may be revoked and cancelled at any  time
     6  by  the  licensing officer or any judge or justice of a court of record.
     7  A license to conduct business as a dealer or retail dealer of  firearms,
     8  rifles,  or shotguns issued pursuant to this section shall be revoked or
     9  suspended for any violation of subdivision twelve-d of this section. The
    10  official revoking a license shall give written  notice  thereof  without
    11  unnecessary delay to the executive department, division of state police,
    12  Albany,  and  shall  also notify immediately the duly constituted police
    13  authorities of the locality.
    14    § 3. This act shall take effect on the first of November next succeed-
    15  ing the date on which it shall have become a law.