S51-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S51-2013 Memo

BILL NUMBER:S51

TITLE OF BILL:
An act
to amend the penal law, in relation to the disposal of firearms,
rifles and shotguns by the state and local governments

PURPOSE:
This bill would prevent the state and local agencies from selling guns
to private gun dealers.

SUMMARY OF PROVISIONS:
This bill would amend the penal law �400.00 subdivision 16 by adding a
new paragraph (b) which would prohibit state and local agencies from
selling or transferring any firearm, rifle, or shotgun to any person
or entity, other than to a law enforcement agency. The bill would
require that state and local agencies seeking to dispose of such
weapons either sell or transfer such weapons to a law enforcement
agency or destroy such weapons.

JUSTIFICATION:
In order to finance the purchase of new and more effective weapons,
state and local agencies have periodically sold or traded in weapons
to lawful gun dealers. Given the growing concern over gun-related
violence and accidents, however, this practice should be modified by
authorizing such sales only to other law enforcement agencies. This
would reduce the number of guns in circulation and ensure that state
and local agencies do not add to the supply of available weapons.

LEGISLATIVE HISTORY:
2011-12: S.69
2010:    S.7633/A.4486
2006:    A.9672 3rd Reading Cal. 796
2007-08: A.4708 Ordered to 3rd Reading Rules Cal. 522
2000:    A.1379 3rd Reading Cal. 325
1999:    A.1379 Passed in Assembly
1998:    A.1676-A Passed in Assembly
1997:    A.1676-A Reported to Rules
1996:    A.1504-A Referred to Codes
1995:    A.1504-A Referred to Rules
1993-94: A.9054-A (A.40007 - Extraordinary Session) - Passed in Assembly

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately.

S51-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          51
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. PERALTA -- 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 disposal of  firearms,
 rifles and shotguns by the state and local governments
 

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

 

Section 1. Subdivision 16 of section 400.00 of the penal law, as added
 by chapter 233 of the laws of 1980, is amended to read as follows:

 16. Unlawful disposal. (A) No person shall except as otherwise author
 ized pursuant to law dispose of any firearm unless he OR SHE is licensed
 as gunsmith or dealer in firearms.
 (B) NO DEPARTMENT, BOARD, BUREAU, COMMISSION, AGENCY OR OTHER DIVISION
 OF THE STATE OR LOCAL GOVERNMENT SHALL SELL OR  OTHERWISE  TRANSFER  ANY
 FIREARM,  RIFLE  OR  SHOTGUN TO ANY PERSON OR ENTITY OTHER THAN TO A LAW
 ENFORCEMENT AGENCY FOR USE BY SUCH LAW ENFORCEMENT AGENCY.  ANY  DEPART
 MENT,  BOARD,  BUREAU, COMMISSION, AGENCY OR OTHER DIVISION OF THE STATE
 OR LOCAL GOVERNMENT INTENDING TO DISPOSE OF ANY FIREARM, RIFLE OR  SHOT
 GUN SHALL, IF AUTHORIZED, EITHER SELL OR TRANSFER SUCH FIREARM, RIFLE OR
 SHOTGUN  TO  A  LAW  ENFORCEMENT  AGENCY FOR USE BY SUCH LAW ENFORCEMENT
 AGENCY, OR DISPOSE OF THE FIREARM, RIFLE OR SHOTGUN  BY  DESTROYING  THE
 SAME  OR  CAUSING IT TO BE DESTROYED OR RENDERING THE SAME OR CAUSING IT
 TO BE RENDERED INEFFECTIVE AND USELESS FOR  ITS  INTENDED  PURPOSES  AND
 HARMLESS TO HUMAN LIFE.
 

S 2.  This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01119-01-3

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