Bill Text: NY S07834 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more that 1 firearm during any period of 30 days.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2012-08-13 - REFERRED TO RULES [S07834 Detail]

Download: New_York-2011-S07834-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7834
                                   I N  S E N A T E
                                    August 13, 2012
                                      ___________
       Introduced  by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, HASSELL-
         THOMPSON, KRUEGER, MONTGOMERY, OPPENHEIMER, PERKINS, RIVERA,  SERRANO,
         STAVISKY  --  read  twice  and ordered printed, and when printed to be
         committed to the Committee on Rules
       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:
    1    Section 1.  The penal law is amended by adding a new section 265.45 to
    2  read as follows:
    3  S 265.45 UNLAWFUL PROCUREMENT OF A FIREARM.
    4    A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN:
    5    1. HE OR SHE PURCHASES OR TAKES POSSESSION OF MORE  THAN  ONE  FIREARM
    6  FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR
    7    2.  BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A FIREARM
    8  TO ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM  DURING
    9  THE PREVIOUS THIRTY DAYS.
   10    UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR.
   11    S 2. Section 265.20 of the penal law is amended by adding a new subdi-
   12  vision e to read as follows:
   13    E. SECTION 265.45 OF THIS ARTICLE SHALL NOT APPLY TO:
   14    1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS
   15  OFFICER  ACTING  WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT OR
   16  OFFICIAL DUTIES;
   17    2. A UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF  THE  UNITED
   18  STATES  OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED TO
   19  POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES;
   20    3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
   21  ENGAGED  IN  THE  COURSE  AND  SCOPE  OF  THEIR ACTIVITIES AS LICENSEES,
   22  PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
   23  ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;
   24    4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR
   25  REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK
   26  FROM SUCH A GUNSMITH;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16416-02-2
       S. 7834                             2
    1    5. A COMMON CARRIER, WAREHOUSEMAN, OR  OTHER  PERSON  ENGAGED  IN  THE
    2  BUSINESS  OF  TRANSPORTING  OR  STORING  GOODS,  TO  THE EXTENT THAT THE
    3  POSSESSION OR RECEIPT OF ANY FIREARM IS IN THE ORDINARY COURSE OF  BUSI-
    4  NESS, AND NOT FOR THE PERSONAL USE OF ANY SUCH PERSON;
    5    6.  A  PERSON ACQUIRING FIREARMS BY OPERATION OF LAW UPON THE DEATH OF
    6  THE FORMER OWNER OF THE FIREARMS; OR
    7    7. A PERSON WHOSE FIREARM WAS STOLEN OR  IRRETRIEVABLY  LOST  AND  WHO
    8  CONSIDERS IT ESSENTIAL THAT THE FIREARM BE REPLACED IMMEDIATELY, IF:
    9    (A)  THE  PERSON  PROVIDES  THE SELLER OR TRANSFEROR WITH A COPY OF AN
   10  OFFICIAL POLICE REPORT DESCRIBING THE LOSS OR THEFT OF THE FIREARM.  THE
   11  OFFICIAL  POLICE REPORT MUST CONTAIN THE NAME AND ADDRESS OF THE FIREARM
   12  OWNER, A DESCRIPTION OF THE FIREARM, THE LOCATION OF THE LOSS OR  THEFT,
   13  THE  DATE  OF  THE  LOSS  OR  THEFT,  AND THE DATE THE LOSS OR THEFT WAS
   14  REPORTED TO THE LAW ENFORCEMENT AGENCY; AND
   15    (B) THE LOSS OR THEFT OCCURRED WITHIN  THIRTY  DAYS  OF  THE  PERSON'S
   16  ATTEMPT  TO  REPLACE  THE  FIREARM,  AS REFLECTED BY THE DATE OF LOSS OR
   17  THEFT ON THE OFFICIAL POLICE REPORT.
   18    S 3. The penal law is amended by adding a new section 400.15  to  read
   19  as follows:
   20  S 400.15 DUTIES OF DEALERS IN FIREARMS.
   21    1. EACH DEALER IN FIREARMS SHALL PRIOR TO THE SALE OF ANY FIREARM TO A
   22  PERSON REQUEST APPROVAL OF SUCH SALE TO SUCH PERSON FROM THE DIVISION OF
   23  CRIMINAL JUSTICE SERVICES.
   24    2.  UPON  RECEIPT  OF THE APPROVAL OF THE DIVISION OF CRIMINAL JUSTICE
   25  SERVICES OF A SALE OF A FIREARM, THE DEALER IN FIREARMS SHALL RECORD AND
   26  REPORT SUCH SALE TO THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  WITHIN
   27  TWENTY-FOUR HOURS.
   28    S  4. This act shall take effect on the first of January next succeed-
   29  ing the date on which it shall have become a law.