NY State Assembly Bill 2013-A6389B

Assembly Bill A6389B

2013-2014 Legislative Session

Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2014	print number 6389b
Feb 12, 2014	amend and recommit to codes
Jan 09, 2014	print number 6389a
Jan 09, 2014	amend and recommit to codes
Jan 08, 2014	referred to codes
Mar 26, 2013	referred to codes

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

2013-A6389 - Details

See Senate Version of this Bill:: S4256
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A1774, S5549
2017-2018: S635
2019-2020: S630

2013-A6389 - Summary

Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts.

2013-A6389 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6389

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M.  of  A.  GARBARINO  --  read once and referred 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:

  Section  1.  The opening paragraph and paragraph 1 of subdivision a of
section 265.20 of the penal law, the opening  paragraph  as  amended  by
chapter  496 of the laws of 1991, paragraph 1 as amended by chapter 1041
of the laws of 1974, subparagraph (a) of paragraph 1 as amended by chap-
ter 141 of the laws of 1988, subparagraphs (b) and (c) of paragraph 1 as
added and subparagraphs (d) and (e) of  paragraph  1  as  relettered  by
chapter  843  of the laws of 1980 and subparagraph (f) of paragraph 1 as
amended by chapter 578 of the laws  of  2006,  are  amended  and  a  new
subparagraph (d-1) is added to read as follows:
  Sections  265.01,  265.01-B,  265.02,  265.03, 265.04, 265.05, 265.06,
265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05  shall
not apply to:
  1.  Possession  of  any  of  the  weapons,  instruments, appliances or
substances specified  in  sections  265.01,  265.01-B,  265.02,  265.03,
265.04,  265.05, 265.06, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
265.37 and 270.05 by the following:
  (a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess  the
same.
  (b)  Police  officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
  (c) Peace officers as defined by section 2.10 of the  criminal  proce-
dure law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09201-01-3

A. 6389                             2

  (d)  Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal  law,  regu-
lation or order to possess the same.
  (D-1)  LICENSED  GUNSMITHS,  MANUFACTURERS  AND DEALERS NOT SEEKING TO
OFFER FOR SALE WEAPONS, INSTRUMENTS, APPLIANCES OR SUBSTANCES WITHIN THE
STATE WHERE SUCH SALE IS OTHERWISE PROHIBITED BY STATE LAW.
  (e) Persons employed in fulfilling defense, LAW ENFORCEMENT, OR  OTHER
contracts  with  the  government  of  the United States, STATES, MUNICI-
PALITIES or agencies  thereof  OR  COMMERCIAL  CONTRACTS  WITH  LICENSED
GUNSMITHS,  MANUFACTURERS,  AND  DEALERS  when possession of the same is
necessary for manufacture, transport, installation and testing under the
requirements of such contract.
  (f) A person voluntarily surrendering such weapon, instrument,  appli-
ance  or  substance,  provided  that such surrender shall be made to the
superintendent of the division of  state  police  or  a  member  thereof
designated  by  such  superintendent, or to the sheriff of the county in
which such person resides, or in the county of Nassau or in the towns of
Babylon, Brookhaven, Huntington, Islip and Smithtown in  the  county  of
Suffolk  to the commissioner of police or a member of the police depart-
ment thereof designated by such commissioner, or if such person  resides
in a city, town other than one named in this subparagraph, or village to
the police commissioner or head of the police force or department there-
of  or to a member of the force or department designated by such commis-
sioner or head; and provided, further, that the same  shall  be  surren-
dered by such person in accordance with such terms and conditions as may
be  established by such superintendent, sheriff, police force or depart-
ment. Nothing in this paragraph shall be construed as granting  immunity
from  prosecution  for  any  crime  or  offense  except that of unlawful
possession  of  such  weapons,  instruments,  appliances  or  substances
surrendered  as herein provided. A person who possesses any such weapon,
instrument, appliance or substance as an executor  or  administrator  or
any  other  lawful possessor of such property of a decedent may continue
to possess such property for a period not over  fifteen  days.  If  such
property  is  not  lawfully disposed of within such period the possessor
shall deliver it to an appropriate official described in this  paragraph
or such property may be delivered to the superintendent of state police.
Such  officer shall hold it and shall thereafter deliver it on the writ-
ten request of such executor, administrator or other lawful possessor of
such property to a named person, provided such named person is  licensed
to or is otherwise lawfully permitted to possess the same. If no request
to  deliver the property is received by such official within one year of
the delivery of such property, such official  shall  dispose  of  it  in
accordance with the provisions of section 400.05 of this chapter.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as section 58 of chapter 1 of the laws of 2013, takes effect.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2013-A6389A - Details

See Senate Version of this Bill:: S4256
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A1774, S5549
2017-2018: S635
2019-2020: S630

2013-A6389A - Summary

Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts.

2013-A6389A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6389--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M. of A. GARBARINO, TENNEY, SALADINO, WALTER, McDONOUGH,
  BORELLI, NOJAY, RA, McKEVITT, GRAF, BUTLER, RAIA, DIPIETRO  --  Multi-
  Sponsored  by -- M.  of A. CERETTO, CROUCH, LUPINACCI -- read once and
  referred to the Committee on Codes -- recommitted to the Committee  on
  Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section  1.  The opening paragraph and paragraph 1 of subdivision a of
section 265.20 of the penal law, the opening  paragraph  as  amended  by
section  1  of part FF of chapter 57 of the laws of 2013, paragraph 1 as
amended by chapter 1041 of the laws of 1974, subparagraph (a)  of  para-
graph 1 as amended by chapter 141 of the laws of 1988, subparagraphs (b)
and  (c)  of paragraph 1 as added and subparagraphs (d) and (e) of para-
graph 1 as relettered by chapter 843 of the laws of  1980  and  subpara-
graph  (f) of paragraph 1 as amended by chapter 578 of the laws of 2006,
are amended and a new subparagraph (d-1) is added to read as follows:
  Paragraph (h) of subdivision twenty-two of section 265.00 and sections
265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
265.04, 265.05, 265.06, 265.10, 265.11, 265.12, 265.13, 265.15,  265.36,
265.37 and 270.05 shall not apply to:
  1.  Possession  of  any  of  the  weapons,  instruments, appliances or
substances specified  in  sections  265.01,  265.01-B,  265.02,  265.03,
265.04,  265.05, 265.06, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
265.37 and 270.05 by the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09201-03-4

A. 6389--A                          2

  (a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess  the
same.
  (b)  Police  officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
  (c) Peace officers as defined by section 2.10 of the  criminal  proce-
dure law.
  (d)  Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal  law,  regu-
lation or order to possess the same.
  (D-1)  LICENSED  GUNSMITHS,  MANUFACTURERS  AND DEALERS NOT SEEKING TO
OFFER FOR SALE WEAPONS, INSTRUMENTS, APPLIANCES OR SUBSTANCES WITHIN THE
STATE WHERE SUCH SALE IS OTHERWISE PROHIBITED BY STATE LAW.
  (e) Persons employed in fulfilling defense, LAW ENFORCEMENT, OR  OTHER
contracts  with  the  government  of  the United States, STATES, MUNICI-
PALITIES or agencies  thereof  OR  COMMERCIAL  CONTRACTS  WITH  LICENSED
GUNSMITHS,  MANUFACTURERS,  AND  DEALERS  when possession of the same is
necessary for manufacture, transport, installation and testing under the
requirements of such contract.
  (f) A person voluntarily surrendering such weapon, instrument,  appli-
ance  or  substance,  provided  that such surrender shall be made to the
superintendent of the division of  state  police  or  a  member  thereof
designated  by  such  superintendent, or to the sheriff of the county in
which such person resides, or in the county of Nassau or in the towns of
Babylon, Brookhaven, Huntington, Islip and Smithtown in  the  county  of
Suffolk  to the commissioner of police or a member of the police depart-
ment thereof designated by such commissioner, or if such person  resides
in a city, town other than one named in this subparagraph, or village to
the police commissioner or head of the police force or department there-
of  or to a member of the force or department designated by such commis-
sioner or head; and provided, further, that the same  shall  be  surren-
dered by such person in accordance with such terms and conditions as may
be  established by such superintendent, sheriff, police force or depart-
ment. Nothing in this paragraph shall be construed as granting  immunity
from  prosecution  for  any  crime  or  offense  except that of unlawful
possession  of  such  weapons,  instruments,  appliances  or  substances
surrendered  as herein provided. A person who possesses any such weapon,
instrument, appliance or substance as an executor  or  administrator  or
any  other  lawful possessor of such property of a decedent may continue
to possess such property for a period not over  fifteen  days.  If  such
property  is  not  lawfully disposed of within such period the possessor
shall deliver it to an appropriate official described in this  paragraph
or such property may be delivered to the superintendent of state police.
Such  officer shall hold it and shall thereafter deliver it on the writ-
ten request of such executor, administrator or other lawful possessor of
such property to a named person, provided such named person is  licensed
to or is otherwise lawfully permitted to possess the same. If no request
to  deliver the property is received by such official within one year of
the delivery of such property, such official  shall  dispose  of  it  in
accordance with the provisions of section 400.05 of this chapter.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A6389B (ACTIVE) - Details

See Senate Version of this Bill:: S4256
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A1774, S5549
2017-2018: S635
2019-2020: S630

2013-A6389B (ACTIVE) - Summary

Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts.

2013-A6389B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6389--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M. of A. GARBARINO, TENNEY, SALADINO, WALTER, McDONOUGH,
  BORELLI, NOJAY, RA, McKEVITT, GRAF, BUTLER, RAIA, DIPIETRO, GOODELL --
  Multi-Sponsored by -- M. of A. BARCLAY, CERETTO, CROUCH, LUPINACCI  --
  read once and referred to the Committee on Codes -- recommitted to the
  Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee

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:

  Section 1. The opening paragraph and paragraph 1 of subdivision  a  of
section  265.20  of  the  penal law, the opening paragraph as amended by
section 1 of part FF of chapter 57 of the laws of 2013, paragraph  1  as
amended  by  chapter 1041 of the laws of 1974, subparagraph (a) of para-
graph 1 as amended by chapter 141 of the laws of 1988, subparagraphs (b)
and (c) of paragraph 1 as added and subparagraphs (d) and (e)  of  para-
graph  1  as  relettered by chapter 843 of the laws of 1980 and subpara-
graph (f) of paragraph 1 as amended by chapter 578 of the laws of  2006,
are amended to read as follows:
  Paragraph (h) of subdivision twenty-two of section 265.00 and sections
265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
265.04,  265.05,  265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37
and 270.05 shall not apply to:
  1. Possession of  any  of  the  weapons,  instruments,  appliances  or
substances  specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
and 270.05 by the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09201-04-4

A. 6389--B                          2

  (a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess  the
same.
  (b)  Police  officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
  (c) Peace officers as defined by section 2.10 of the  criminal  proce-
dure law.
  (d)  Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal  law,  regu-
lation or order to possess the same.
  (D-1)  LICENSED  GUNSMITHS,  MANUFACTURERS  AND DEALERS NOT SEEKING TO
OFFER FOR SALE WEAPONS, INSTRUMENTS, APPLIANCES OR SUBSTANCES WITHIN THE
STATE WHERE SUCH SALE IS OTHERWISE PROHIBITED BY STATE LAW.
  (e) Persons employed in fulfilling defense, LAW ENFORCEMENT, OR  OTHER
contracts  with  the  government  of  the United States, STATES, MUNICI-
PALITIES or agencies  thereof  OR  COMMERCIAL  CONTRACTS  WITH  LICENSED
GUNSMITHS,  MANUFACTURERS,  AND  DEALERS  when possession of the same is
necessary for manufacture, transport, installation and testing under the
requirements of such contract.
  (f) A person voluntarily surrendering such weapon, instrument,  appli-
ance  or  substance,  provided  that such surrender shall be made to the
superintendent of the division of  state  police  or  a  member  thereof
designated  by  such  superintendent, or to the sheriff of the county in
which such person resides, or in the county of Nassau or in the towns of
Babylon, Brookhaven, Huntington, Islip and Smithtown in  the  county  of
Suffolk  to the commissioner of police or a member of the police depart-
ment thereof designated by such commissioner, or if such person  resides
in a city, town other than one named in this subparagraph, or village to
the police commissioner or head of the police force or department there-
of  or to a member of the force or department designated by such commis-
sioner or head; and provided, further, that the same  shall  be  surren-
dered by such person in accordance with such terms and conditions as may
be  established by such superintendent, sheriff, police force or depart-
ment. Nothing in this paragraph shall be construed as granting  immunity
from  prosecution  for  any  crime  or  offense  except that of unlawful
possession  of  such  weapons,  instruments,  appliances  or  substances
surrendered  as herein provided. A person who possesses any such weapon,
instrument, appliance or substance as an executor  or  administrator  or
any  other  lawful possessor of such property of a decedent may continue
to possess such property for a period not over  fifteen  days.  If  such
property  is  not  lawfully disposed of within such period the possessor
shall deliver it to an appropriate official described in this  paragraph
or such property may be delivered to the superintendent of state police.
Such  officer shall hold it and shall thereafter deliver it on the writ-
ten request of such executor, administrator or other lawful possessor of
such property to a named person, provided such named person is  licensed
to or is otherwise lawfully permitted to possess the same. If no request
to  deliver the property is received by such official within one year of
the delivery of such property, such official  shall  dispose  of  it  in
accordance with the provisions of section 400.05 of this chapter.
  S 2. This act shall take effect immediately.

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Assembly Bill A6389B

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Sponsored By

GARBARINO

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Claudia Tenney

Joseph Saladino

Raymond Walter

David McDonough

multi-Sponsors

John Ceretto

Clifford Crouch

Chad A. Lupinacci

2013-A6389 - Details

2013-A6389 - Summary

2013-A6389 - Bill Text download pdf

co-Sponsors

Claudia Tenney

Joseph Saladino

Raymond Walter

David McDonough

multi-Sponsors

William A. Barclay

John Ceretto

Clifford Crouch

Chad A. Lupinacci

2013-A6389A - Details

2013-A6389A - Summary

2013-A6389A - Bill Text download pdf

co-Sponsors

Claudia Tenney

Joseph Saladino

Raymond Walter

David McDonough

multi-Sponsors

William A. Barclay

John Ceretto

Clifford Crouch

Janet Duprey

2013-A6389B (ACTIVE) - Details

2013-A6389B (ACTIVE) - Summary

2013-A6389B (ACTIVE) - Bill Text download pdf

Comments