Senate Bill S2389

2015-2016 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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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2015-S2389 (ACTIVE) - Details

Current Committee:
Senate 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:
2013-2014: S7132
2017-2018: S2476
2019-2020: S1275

2015-S2389 (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.

2015-S2389 (ACTIVE) - Sponsor Memo

2015-S2389 (ACTIVE) - Bill Text download pdf

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

                                  2389

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens.  GIANARIS,  ESPAILLAT,  HOYLMAN, KRUEGER, SAMPSON,
  SQUADRON, STAVISKY -- read twice and ordered printed, and when printed
  to be committed 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03254-01-5
              

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