Relates to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts.
TITLE OF BILL: An act to amend the penal law, in relation to certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfillment of government, law enforcement, or other state and municipal contracts
PURPOSE: To create an exemption under state law for businesses or companies that test firearms. This bill does not exempt companies seeking to offer for-sale weapons, instruments, appliances or substances within the state, where such sale is otherwise prohibited by the state.
SUMMARY OF PROVISIONS:
Section 1. The bill amends Section 255.20 of the penal law making technical corrections to include the new sections of law created by SAFE Act. The bill also adds a new subparagraph, (d-l), creating an exemption under state law for licensed gunsmiths, manufacturers, and dealers not seeking to offer for-sale weapons, instruments, appliances or substances within the state, where such sale is otherwise prohibited by state law.
Paragraph (e) is amended to include law enforcement, state, municipalities, or commercial contracts with licensed gunsmiths, manufacturers and dealers in relation to when the possession of firearms is necessary for the manufacture, transport, installation and/or testing under the requirements of such contract.
Section 2. Effective Date
JUSTIFICATION: The newly interpreted definition by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has removed testing as part of the manufacturing process. This has caused the possession of firearms by a company, for testing purposes only, to fall out of the current manufacturers exemption under state law. As the law currently stands, manufacturers can legally manufacture firearms in the state, but testing facilities can no long possess firearms to test the firearms for safety or quality control.
This bill creates an exemption for companies that have contracts with manufacturers for the sole purpose of testing firearms. This bill will allow New York businesses who are currently involved in this business to continue and keep jobs in New York State.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as section 58 of chapter 1 of the laws of 2013 takes effect.
STATE OF NEW YORK ________________________________________________________________________ 4256 2013-2014 Regular Sessions IN SENATE March 15, 2013 ___________Introduced by Sen. BOYLE -- 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 certain exemptions for licensed gunsmiths, manufacturers and dealers employed in the fulfill- ment of government, law enforcement, or other state and municipal contracts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph and paragraph 1 of subdivision a of section 265.20 of the penal law, the opening paragraph as amended by chapter 496 of the laws of 1991, paragraph 1 as amended by chapter 1041 of the laws of 1974, subparagraph (a) of paragraph 1 as amended by chap- ter 141 of the laws of 1988, subparagraphs (b) and (c) of paragraph 1 as added and subparagraphs (d) and (e) of paragraph 1 as relettered by chapter 843 of the laws of 1980 and subparagraph (f) of paragraph 1 as amended by chapter 578 of the laws of 2006, are amended and a new subparagraph (d-1) is added to read as follows: Sections 265.01, 265.01-B, 265.02, 265.03, 265.04, 265.05, 265.06, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05 shall not apply to: 1. Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01, 265.01-B, 265.02, 265.03, 265.04, 265.05, 265.06, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05 by the following: (a) Persons in the military service of the state of New York when duly authorized by regulations issued by the adjutant general to possess the same. (b) Police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law. (c) Peace officers as defined by section 2.10 of the criminal proce- dure law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09201-01-3 S. 4256 2
(d) Persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regu- lation or order to possess the same. (D-1) LICENSED GUNSMITHS, MANUFACTURERS AND DEALERS NOT SEEKING TO OFFER FOR SALE WEAPONS, INSTRUMENTS, APPLIANCES OR SUBSTANCES WITHIN THE STATE WHERE SUCH SALE IS OTHERWISE PROHIBITED BY STATE LAW. (e) Persons employed in fulfilling defense, LAW ENFORCEMENT, OR OTHER contracts with the government of the United States, STATES, MUNICI- PALITIES or agencies thereof OR COMMERCIAL CONTRACTS WITH LICENSED GUNSMITHS, MANUFACTURERS, AND DEALERS when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract. (f) A person voluntarily surrendering such weapon, instrument, appli- ance or substance, provided that such surrender shall be made to the superintendent of the division of state police or a member thereof designated by such superintendent, or to the sheriff of the county in which such person resides, or in the county of Nassau or in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of Suffolk to the commissioner of police or a member of the police depart- ment thereof designated by such commissioner, or if such person resides in a city, town other than one named in this subparagraph, or village to the police commissioner or head of the police force or department there- of or to a member of the force or department designated by such commis- sioner or head; and provided, further, that the same shall be surren- dered by such person in accordance with such terms and conditions as may be established by such superintendent, sheriff, police force or depart- ment. Nothing in this paragraph shall be construed as granting immunity from prosecution for any crime or offense except that of unlawful possession of such weapons, instruments, appliances or substances surrendered as herein provided. A person who possesses any such weapon, instrument, appliance or substance as an executor or administrator or any other lawful possessor of such property of a decedent may continue to possess such property for a period not over fifteen days. If such property is not lawfully disposed of within such period the possessor shall deliver it to an appropriate official described in this paragraph or such property may be delivered to the superintendent of state police. Such officer shall hold it and shall thereafter deliver it on the writ- ten request of such executor, administrator or other lawful possessor of such property to a named person, provided such named person is licensed to or is otherwise lawfully permitted to possess the same. If no request to deliver the property is received by such official within one year of the delivery of such property, such official shall dispose of it in accordance with the provisions of section 400.05 of this chapter. S 2. This act shall take effect on the same date and in the same manner as section 58 of chapter 1 of the laws of 2013, takes effect.