Bill Text: NY S00630 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00630 Detail]
Download: New_York-2019-S00630-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 630 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. BOYLE -- 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 certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfill- ment of government, law enforcement, or other state and municipal contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph and paragraph 1 of subdivision a of 2 section 265.20 of the penal law, the opening paragraph as amended by 3 section 1 of part FF of chapter 57 of the laws of 2013, paragraph 1 as 4 amended by chapter 1041 of the laws of 1974, subparagraph (a) of para- 5 graph 1 as amended by chapter 141 of the laws of 1988, subparagraphs (b) 6 and (c) of paragraph 1 as added and subparagraphs (d) and (e) of para- 7 graph 1 as relettered by chapter 843 of the laws of 1980 and subpara- 8 graph (f) of paragraph 1 as amended by chapter 578 of the laws of 2006, 9 are amended to read as follows: 10 Paragraph (h) of subdivision twenty-two of section 265.00 and sections 11 265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03, 12 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 13 and 270.05 shall not apply to: 14 1. Possession of any of the weapons, instruments, appliances or 15 substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05 16 and 270.05 by the following: 17 (a) Persons in the military service of the state of New York when duly 18 authorized by regulations issued by the adjutant general to possess the 19 same. 20 (b) Police officers as defined in subdivision thirty-four of section 21 1.20 of the criminal procedure law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04369-01-9S. 630 2 1 (c) Peace officers as defined by section 2.10 of the criminal proce- 2 dure law. 3 (d) Persons in the military or other service of the United States, in 4 pursuit of official duty or when duly authorized by federal law, regu- 5 lation or order to possess the same. 6 (d-1) Licensed gunsmiths, manufacturers and dealers not seeking to 7 offer for sale weapons, instruments, appliances or substances within the 8 state where such sale is otherwise prohibited by state law. 9 (e) Persons employed in fulfilling defense, law enforcement, or other 10 contracts with the government of the United States, states, munici- 11 palities or agencies thereof or commercial contracts with licensed 12 gunsmiths, manufacturers, and dealers when possession of the same is 13 necessary for manufacture, transport, installation and testing under the 14 requirements of such contract. 15 (f) A person voluntarily surrendering such weapon, instrument, appli- 16 ance or substance, provided that such surrender shall be made to the 17 superintendent of the division of state police or a member thereof 18 designated by such superintendent, or to the sheriff of the county in 19 which such person resides, or in the county of Nassau or in the towns of 20 Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of 21 Suffolk to the commissioner of police or a member of the police depart- 22 ment thereof designated by such commissioner, or if such person resides 23 in a city, town other than one named in this subparagraph, or village to 24 the police commissioner or head of the police force or department there- 25 of or to a member of the force or department designated by such commis- 26 sioner or head; and provided, further, that the same shall be surren- 27 dered by such person in accordance with such terms and conditions as may 28 be established by such superintendent, sheriff, police force or depart- 29 ment. Nothing in this paragraph shall be construed as granting immunity 30 from prosecution for any crime or offense except that of unlawful 31 possession of such weapons, instruments, appliances or substances 32 surrendered as herein provided. A person who possesses any such weapon, 33 instrument, appliance or substance as an executor or administrator or 34 any other lawful possessor of such property of a decedent may continue 35 to possess such property for a period not over fifteen days. If such 36 property is not lawfully disposed of within such period the possessor 37 shall deliver it to an appropriate official described in this paragraph 38 or such property may be delivered to the superintendent of state police. 39 Such officer shall hold it and shall thereafter deliver it on the writ- 40 ten request of such executor, administrator or other lawful possessor of 41 such property to a named person, provided such named person is licensed 42 to or is otherwise lawfully permitted to possess the same. If no request 43 to deliver the property is received by such official within one year of 44 the delivery of such property, such official shall dispose of it in 45 accordance with the provisions of section 400.05 of this chapter. 46 § 2. This act shall take effect immediately.
