Bill S178-2011

Exempts wholesale distributors from complying with the provisions of the pistol and revolver ballistic identification databank

Exempts wholesale distributors from complying with the provisions of the pistol and revolver ballistic identification databank; defines a wholesale distributor as a person, firm or corporation that sells or distributes pistols, revolvers or ammunition only to licensed dealers, law enforcement or government agencies.

Details

Actions

  • Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
  • Jan 5, 2011: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S178

TITLE OF BILL: An act to amend the general business law, in relation to exempting wholesale distributors from complying with the provisions of the pistol and revolver ballistic identification databank

PURPOSE: To define a "wholesale distributor" and exempt them from complying with the provisions of the pistol and revolver ballistic identification system.

SUMMARY OF PROVISIONS: Section 1. Subdivision 1, of section 396-ff of the general business law, as added by chapter 189 of the laws of 2000, are amended to define a "Wholesale Distributor" as any person, firm or corporation possessing valid federal and state licenses that permits such person, firm or corporation to engage in the business of selling or distributing pistols or revolvers or ammunition and such person, firm or corporation sells or distributes pistols, revolvers or ammunition only to licensed dealers, law enforcement or government agencies.

Section 1. Subdivisions 3, 4 and 5 of Section 396-ff of the general business law, as added by chapter 189 of the laws of 2000, are amended to exempt a "Wholesale Distributor" from complying with the provisions of Section 396-ff of the general business law.

JUSTIFICATION: Out of state distributors are profiting at the expense of law abiding citizens employed in the firearms industry in New York State. Out of state distributors are selling non-compliant guns into New York State because they feel that they have little risk of being prosecuted by the State misdemeanor violations. What this means is that employees of New York distributors are being punished by a law that was not supposed to harm law abiding citizens in New York State. Legal counsel for the New York distributors have advised their clients not to sell non-compliant guns to dealers in New York even though the law allows the dealers to have those guns made compliant. This has caused the firearms industry in New York to be unable to participate in hundreds of thousands of dollars in sales since the law's inception.

PRIOR LEGISLATIVE HISTORY: S.7099 of 2002: Referred to Consumer Protection S.931 of 2003/2004: Referred to Consumer Protection S.18 of 2005/2006: Referred to Consumer Protection S.24 of 2007/2006: Referred to Consumer Protection S.306 of 2009/2010: Referred to Consumer Protection

FISCAL IMPLICATIONS: Positive to the State, as there will be an increase in the number of licenses that are issued.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 178 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to exempting wholesale distributors from complying with the provisions of the pistol and revolver ballistic identification databank THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1, 3, 4 and 5 of section 396-ff of the general business law, as added by chapter 189 of the laws of 2000, are amended to read as follows: (1) For the purposes of this section, the following terms shall have the following meanings: (a) "Manufacturer" means any person, firm or corporation possessing a valid federal license that permits such person, firm or corporation to engage in the business of manufacturing pistols or revolvers or ammuni- tion therefor for the purpose of sale or distribution. (b) "Shell casing" means that part of ammunition capable of being used in a pistol or revolver that contains the primer and propellant powder to discharge the bullet or projectile. (C) "WHOLESALE DISTRIBUTOR" MEANS ANY PERSON, FIRM OR CORPORATION POSSESSING VALID FEDERAL AND STATE LICENSES THAT PERMITS SUCH PERSON, FIRM OR CORPORATION TO ENGAGE IN THE BUSINESS OF SELLING OR DISTRIBUTING PISTOLS OR REVOLVERS OR AMMUNITION AND SUCH PERSON, FIRM OR CORPORATION SELLS OR DISTRIBUTES PISTOLS, REVOLVERS OR AMMUNITION ONLY TO LICENSED DEALERS, LAW ENFORCEMENT OR GOVERNMENT AGENCIES. (3) A gunsmith or dealer in firearms licensed in this state, EXCEPT FOR A WHOLESALE DISTRIBUTOR, shall, within ten days of the receipt of any pistol or revolver from a manufacturer that fails to comply with the provisions of this section, either (a) return such pistol or revolver to such manufacturer, or (b) notify the division of state police of such
noncompliance and thereafter obtain a substitute sealed container through participation in a program operated by the state police as provided in subdivision four of this section. (4) The division of state police shall no later than October first, two thousand, promulgate rules and regulations for the operation of a program which provides a gunsmith or a dealer in firearms licensed in this state, EXCEPT FOR A WHOLESALE DISTRIBUTOR, with a sealed container enclosing the items specified in subdivision two of this section. The program shall at a minimum: (a) be operational by January first, two thousand one; (b) operate in at least five regional locations within the state; and (c) specify procedures by which such gunsmith or dealer is to deliver a pistol or revolver to the regional program location closest to his or her place of business for testing and prompt return of such pistol or revolver. (5) On and after March first, two thousand one, a gunsmith or dealer in firearms licensed in this state, EXCEPT FOR A WHOLESALE DISTRIBUTOR, shall, within ten days of delivering to any person a pistol or revolver received by such gunsmith or dealer in firearms on or after such date, forward to the division of state police, along with the original trans- action report required by subdivision twelve of section 400.00 of the penal law, the sealed container enclosing the shell casing from such pistol or revolver either (a) received from the manufacturer, or (b) obtained through participation in the program operated by the division of state police in accordance with subdivision four of this section. S 2. This act shall take effect immediately.

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