Assembly Bill A9468

2013-2014 Legislative Session

Prohibits the purchase of more than 1 firearm during any period of 30 days and implements a 10-day waiting period

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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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2013-A9468 (ACTIVE) - Details

See Senate Version of this Bill:
S7132
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§265.50 & 400.15, amd §§265.20, 265.17 & 400.00, Pen L; add Art 38-B §§825 - 828, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2389
2017-2018: S2476
2019-2020: S1275

2013-A9468 (ACTIVE) - Summary

Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more than 1 firearm during any period of 30 days; implements a 10-day waiting period.

2013-A9468 (ACTIVE) - Bill Text download pdf

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

                                  9468

                          I N  A S S E M B L Y

                               May 1, 2014
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, SCHIMEL, MOSLEY, PAULIN, PICHARDO,
  ORTIZ -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to the  unlawful  procurement
  of a firearm; to amend the general business law, in relation to estab-
  lishing  a  waiting period for the purchase of a firearm; and to amend
  the penal law, in relation to requiring licensed  firearms  businesses
  to  report  the  crime  of criminal purchase of a weapon and requiring
  background checks for employees who would be authorized to possess  or
  transfer firearms

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The penal law is amended by adding a new section 265.50 to
read as follows:
S 265.50 UNLAWFUL PROCUREMENT OF A FIREARM.
  A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN:
  1. HE OR SHE PURCHASES OR TAKES POSSESSION OF MORE  THAN  ONE  FIREARM
FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR
  2.  BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A FIREARM
TO ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM  DURING
THE PREVIOUS THIRTY DAYS.
  UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR.
  S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision f to read as follows:
  F. SECTION 265.50 OF THIS ARTICLE SHALL NOT APPLY TO:
  1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS
OFFICER  ACTING  WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT OR
OFFICIAL DUTIES;
  2. A UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF  THE  UNITED
STATES  OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED TO
POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES;
  3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
ENGAGED  IN  THE  COURSE  AND  SCOPE  OF  THEIR ACTIVITIES AS LICENSEES,
PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;

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

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