NY State Senate Bill 2015-S3857

Senate Bill S3857

2015-2016 Legislative Session

Requires sale of certain firearms between unlicensed persons shall be conducted through a licensed firearms dealer

download bill text pdf

Archive: Last Bill Status - Stricken

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
Mar 18, 2015	recommit, enacting clause stricken
Feb 20, 2015	referred to consumer protection

2015-S3857 (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Add §396-eee, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1714
2011-2012: S4348
2013-2014: S2351

2015-S3857 (ACTIVE) - Summary

Requires sale of rifles and shotguns between unlicensed persons shall be conducted through a federally licensed firearms dealer; makes exceptions; provides penalties.

2015-S3857 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3857

TITLE OF BILL:  An act to amend the general business law, in relation
to the sale of a rifle or a shotgun between unlicensed persons and
providing penalties

PURPOSE OR GENERAL IDEA OF BILL:

To require the sale of certain weapons between unlicensed persons to
be conducted through a federally licensed firearm dealer.

SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new section 396-eee to the general business law and
requires any sale of a rifle or shotgun to be conducted through a
federally licensed firearms dealer. This section provides for the
return of the firearm to the appropriate party, designated within this
section, should sale of the firearm constitute a violation of the
penal law. This section does not apply to the sale of firearms in four
specified situations: sales to federally licensed firearms dealers;
sales of an antique rifle or shotgun, a collector's item, a device not
designed or redesigned for use as a rifle or shotgun or is designed
solely for use as a signaling, safety or similar device or an
unserviceable rifle or shotgun; sales to purchasers authorized to
purchase on behalf of a law enforcement agency; and sales to immediate
family members, which include spouse, natural and adoptive parents,

children and siblings, stepparents, stepchildren and step-siblings,
fathers, mothers, brothers, sisters, sons and daughters-in-law, and
grandparents and grandchildren. A violation of this section shall
result in a class A misdemeanor pursuant to section 265.17 of the
penal law.

Section two defines the date of enactment as the first of November
following the date on which this act shall become a law.

JUSTIFICATION:

Currently, the unregulated secondary market provides an easy avenue
for prohibited persons to purchase weapons from places such as
newspaper ads, garage sales and flea markets. This legislation would
require that a background check be performed by a licensed firearms
dealer before a firearm is resold in New York State, thus potentially
reducing violent crime. There is similar legislation in California,
Rhode Island and the District of Columbia, as well as in New York
City, Chicago, Omaha, Nebraska and Columbus, Ohio. In addition, in its
2007 report, the International Association of chiefs of police
recommended requiring background checks prior to third party sales to
reduce gun violence.

LEGISLATIVE HISTORY:

2008: A.10639 - Referred to Economic Development

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This act shall take effect on the first of November following
enactment.

2015-S3857 (ACTIVE) - Bill Text download pdf

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

                                  3857

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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 the sale of a
  rifle or a shotgun between unlicensed persons and providing penalties

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

  Section 1. The general business law is amended by adding a new section
396-eee to read as follows:
  S  396-EEE. SALE OF CERTAIN WEAPONS BETWEEN UNLICENSED PERSONS. 1. THE
SALE OF RIFLES OR SHOTGUNS, AS SUCH TERMS ARE DEFINED IN SECTION  265.00
OF  THE  PENAL  LAW,  BETWEEN  TWO  OR  MORE UNLICENSED PERSONS SHALL BE
CONDUCTED THROUGH A FEDERALLY LICENSED FIREARMS DEALER AND SHALL  COMPLY
WITH APPLICABLE FEDERAL AND STATE LAWS. A PERSON SHALL COMPLETE ANY SALE
OF  A  RIFLE  OR  SHOTGUN  THROUGH A PERSON LICENSED PURSUANT TO SECTION
400.00 OF THE PENAL LAW IN ACCORDANCE WITH THIS SECTION. THE  SELLER  OF
THE  RIFLE  OR  SHOTGUN SHALL DELIVER THE RIFLE OR SHOTGUN TO THE DEALER
WHO SHALL RETAIN POSSESSION OF THAT RIFLE OR SHOTGUN. THE  DEALER  SHALL
THEN DELIVER THE RIFLE OR SHOTGUN TO THE PURCHASER OF THE RIFLE OR SHOT-
GUN,  IF  IT  IS  NOT  PROHIBITED BY ANY PROVISION OF LAW. IF THE DEALER
CANNOT LEGALLY DELIVER THE RIFLE OR SHOTGUN  TO  THE  PURCHASER  OF  THE
RIFLE  OR  SHOTGUN,  THE DEALER SHALL FORTHWITH, WITHOUT WAITING FOR THE
CONCLUSION OF ANY APPLICABLE WAITING PERIOD, RETURN THE RIFLE OR SHOTGUN
TO THE SELLER OF THE RIFLE OR SHOTGUN. THE DEALER SHALL NOT  RETURN  THE
RIFLE  OR  SHOTGUN  TO  THE SELLER OF THE RIFLE OR SHOTGUN WHEN TO DO SO
WOULD CONSTITUTE A VIOLATION OF THE PENAL  LAW.  IF  THE  DEALER  CANNOT
LEGALLY  RETURN THE RIFLE OR SHOTGUN TO THE SELLER OF THE RIFLE OR SHOT-
GUN, THEN THE DEALER SHALL FORTHWITH DELIVER THE RIFLE OR SHOTGUN TO THE
SHERIFF OF THE COUNTY OR THE CHIEF OF POLICE OR OTHER HEAD OF A  MUNICI-
PAL  POLICE  DEPARTMENT  OF  ANY  CITY OR CITY AND COUNTY WHO SHALL THEN
DISPOSE OF THE FIREARM IN THE MANNER PROVIDED BY SUCH MUNICIPALITY.  THE
FEDERALLY  LICENSED  FIREARMS  DEALER  MAY  CHARGE A TRANSFER FEE NOT TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08836-01-5

S. 3857                             2

EXCEED TEN DOLLARS. THIS SECTION DOES NOT APPLY TO THE SALE OF RIFLES OR
SHOTGUNS IN ANY OF THE FOLLOWING SITUATIONS:
  A.  THE  PERSON  SELLING THE RIFLE OR SHOTGUN OR THE PERSON PURCHASING
THE RIFLE OR SHOTGUN IS A LICENSED FIREARMS DEALER PURSUANT  TO  FEDERAL
LAW.
  B.  THE  RIFLE  OR  SHOTGUN  BOUGHT  IS AN ANTIQUE RIFLE OR SHOTGUN, A
COLLECTOR'S ITEM, A DEVICE WHICH IS NOT DESIGNED OR REDESIGNED  FOR  USE
AS  A  RIFLE  OR SHOTGUN, A DEVICE WHICH IS DESIGNED SOLELY FOR USE AS A
SIGNALING, PYROTECHNIC, LINE-THROWING, SAFETY OR SIMILAR  DEVICE,  OR  A
RIFLE  OR  SHOTGUN  WHICH  IS UNSERVICEABLE BY REASON OF BEING UNABLE TO
DISCHARGE A SHOT BY MEANS OF AN EXPLOSIVE  AND  IS  INCAPABLE  OF  BEING
READILY RESTORED TO A FIRING CONDITION.
  C.  THE  PERSON PURCHASING THE RIFLE OR SHOTGUN IS AUTHORIZED TO DO SO
ON BEHALF OF A LAW ENFORCEMENT AGENCY.
  D. THE PERSON PURCHASING THE RIFLE OR SHOTGUN FROM THE  SELLER  IS  AN
IMMEDIATE  FAMILY  MEMBER  OF  SUCH  PERSON, WHICH SHALL INCLUDE SPOUSE;
NATURAL AND ADOPTIVE PARENTS, CHILDREN AND SIBLINGS; STEPPARENTS,  STEP-
CHILDREN  AND STEPSIBLINGS; FATHERS-IN-LAW, MOTHERS-IN-LAW, BROTHERS-IN-
LAW, SISTERS-IN-LAW, SONS-IN-LAW AND DAUGHTERS-IN-LAW; AND  GRANDPARENTS
AND GRANDCHILDREN.
  2.  AN UNLICENSED PERSON WHO SELLS A SHOTGUN OR RIFLE TO ANOTHER UNLI-
CENSED PERSON, OR AN UNLICENSED PERSON WHO PURCHASES A RIFLE OR  SHOTGUN
FROM  ANOTHER  UNLICENSED PERSON, WITHOUT THE SALE CONDUCTED BY A FEDER-
ALLY LICENSED FIREARMS DEALER, SHALL BE GUILTY OF A CLASS A  MISDEMEANOR
PURSUANT TO SECTION 265.17 OF THE PENAL LAW.
  3.  A  PERSON  WHO SELLS A RIFLE OR SHOTGUN TO ANOTHER PERSON, WHO THE
SELLER KNOWS OR  HAS  REASON  TO  KNOW  IS  PROHIBITED  FROM  POSSESSING
FIREARMS, RIFLES OR SHOTGUNS UNDER FEDERAL OR STATE LAW, SHALL BE GUILTY
OF A CLASS A MISDEMEANOR PURSUANT TO SECTION 265.17 OF THE PENAL LAW.
  S 2. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
firearms sold on or after such date.

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