Provides clarification on the definition of gun show events to include the building structures and grounds where shows occur; and to include public auctions, flea markets and garage sales; and modifies the definition of "gun show" to conform with Scope v Pataki.
TITLE OF BILL:
An act to amend the general business law, in relation to sale of guns at certain types of events
PURPOSE OR GENERAL IDEA OF BILL:
To clarify that an "exchange" of firearms is similar to a sale or transfer of firearms and to limit the term "gun show" to certain venues.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 1 of section 895 of the general business law, as amended by chapter 189 of the laws of 2000, by amending the definition of "gun show."
Section 2 provides the effective date.
Realizing that guns are often offered for exchange as well as for sale or transfer in a range of places, this bill adds the word "exchange" to the current statute. Clarifying the term "gun show" will attempt to address the cases in which the court will have to determine whether or not the sale or transfer of firearms that takes place in a variety of venues constitutes a gun show. Additionally, in the event that firearms, rifles or shotguns are offered for sale, transfer or exchange at a public auction, flea market or garage sale, these venues shall also be considered a gun show.
PRIOR LEGISLATIVE HISTORY:
2008 - A.1272 (Referred to Insurance, Reference Changed to Economic Development) 2007 - A.1272 (Referred to Insurance)
None to the state.
This act shall take effect on the thirtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4349 2011-2012 Regular Sessions IN SENATE March 30, 2011 ___________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 sale of guns at certain types of events THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 895 of the general business law, as added by chapter 189 of the laws of 2000, is amended to read as follows: 1. "Gun show" means an event
[sponsored, whether for profit or not, by an individual, national, state or local organization, association or other entity devoted to the collection, competitive use, sporting use, or any other legal use of firearms, rifles or shotguns, or an event]at which (a) twenty percent or more of the total number of exhibitors are firearm exhibitors or (b) ten or more firearm exhibitors are participat- ing or (c) a total of twenty-five or more pistols or revolvers are offered for sale [or], transfer OR EXCHANGE or (d) a total of fifty or more firearms, rifles or shotguns are offered for sale [or], transfer OR EXCHANGE OR (E) A PUBLIC AUCTION, FLEA MARKET OR GARAGE SALE IS HELD AND FIREARMS, RIFLES OR SHOTGUNS ARE OFFERED FOR SALE, TRANSFER OR EXCHANGE. The term gun show shall include any building, structure or facility where firearms, rifles or shotguns are offered for sale [or], transfer OR EXCHANGE and any grounds used in connection with the event. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00324-01-1