Provides that collateral loan brokers shall store firearms in the same manner as gunsmiths and dealers in firearms are required to store them.
TITLE OF BILL: An act to amend the penal law, in relation to the storage of firearms by collateral loan brokers
PURPOSE: To stem the illegal flow of firearms by regulating the pawning, pledging, purchasing and selling of firearms by collateral loan brokers.
SUMMARY OF PROVISIONS:
Section 1 applies laws and regulations of article 400.00 of the Penal Law pertaining to gunsmiths and dealers in firearms to collateral loan brokers.
Section 2 establishes the effective date.
EXISTING LAW: Currently, there is no regulation of firearms pawning, pledging, purchasing and selling among collateral loan brokers.
JUSTIFICATION: A 2006 field investigation found that guns that were being sold at pawn shops were offered for sale without necessary protections found at other gun dealers. Investigators were told that they could buy guns even if they were unable to pass the screening required before the purchase of such a gun. This disregard for gun sales safeguards was cause for great concern. This same investigations also found that handguns at pawnshops were not as well protected as those sold at other gun stores During the freak winter storm that hit Buffalo in October 2006, people were walking away with armloads of guns because security measure which should have been in place were not. That means that guns are being put into the hand of thieves. Unlike a responsible dealer in firearms this example illustrates how little thought and preparation was put into preventing the possibility of gun theft. This bill seeks to create a fair and balanced level playing field of legal safeguards to more adequately protect communities served by second hand dealers.
LEGISLATIVE HISTORY: 2010: S.5465/A.7574 (2009 Passed Assembly) 2012: Referred to Codes
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 222--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to the storage of firearms by collateral loan brokers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 400.00 of the penal law is amended by adding a new subdivision 16-c to read as follows: 16-C. COLLATERAL LOAN BROKERS. ALL LAWS AND REGULATIONS OF THIS ARTI- CLE COVERING THE OPERATION OF GUNSMITHS AND DEALERS IN FIREARMS SHALL HEREINAFTER APPLY TO ALL PERSONS, CORPORATIONS, PARTNERSHIPS, OR FIRMS THAT PAWN, PLEDGE, PURCHASE, OR SELL FIREARMS, AND CARRY ON THE BUSINESS OF COLLATERAL LOAN BROKERS. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00274-02-4