Establishes the class A misdemeanor of unlawful procurement of a firearm, for the purchase or acquisition of more that 1 firearm during any period of 30 days.

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S572-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S572-2013 Memo

BILL NUMBER:S572

TITLE OF BILL:
An act
to amend the penal law, in relation to the unlawful procurement of a
firearm

PURPOSE:
The purpose of this act is to prohibit the purchase of more than 1
firearm during any period of 30-days, thus: (a) helping prevent gun
traffickers from buying guns in bulk and reselling them to prohibited
purchasers; (b) reducing the number of guns entering the illegal
market; and (c) stemming the illegal flow of firearms between states.

SUMMARY OF PROVISIONS:
Section one amends the Penal law by adding a new section 265.45. The
proposed legislation establishes the crime of unlawful procurement of
a firearm when: (i) He/She purchases or takes possession of more than
one firearm from any dealer in firearms during any 30-day period; or
(ii) Being a dealer in firearms, he/she sells or transfers a firearm
to any person who has purchased or taken possession of a firearm
during the previous 30-days. Unlawful procurement of a firearm is a
class A misdemeanor.

Section two amends the Penal law by adding a new subdivision e to
Penal law Section 265.45. This section provides exemptions to the
crime of unlawful procurement of a firearm.

Section three amends the Penal law by adding a new section 400.15. The
proposed legislation requires each dealer in firearms prior to the
sale of any firearm to request approval of such sale from the
Division of Criminal Justice Services (DCJS). Upon receipt of the
approval, the dealer in firearms shall record and report such sale to
DCJS within 24 hours.

Section four establishes that this act shall take effect on the first
of January next succeeding the date on which it shall become a law.

JUSTIFICATION:
Federal law does not limit the number of guns a person may buy in any
given time period.

Studies show that firearms sold in multiple sales to the same
individual purchaser are frequently used in crime. ATF crime gun
trace data revealed that 22% of all handguns recovered in 1999 had
been transferred to a purchaser involved in a multiple sale. Crime
gun trace data from 2000 showed that 20% of all retail handguns
recovered in crime were purchased as part of a multiple sale.

The American public strongly supports laws limiting the number of guns
that may be purchased at one time. A national poll conducted for
Mayors Against Illegal Guns in the spring of 2008 found that 65*  of
Americans favor limiting the number of handguns an individual is
allowed to purchase to 1 gun per month.

LEGISLATIVE HISTORY:
2012: Senate Bill


7834 (Gianaris) - Died in Senate Rules Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of January next succeeding the date on which it shall become
a law.

S572-2013 Text

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

                                     572

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, HASSELL-
    THOMPSON, KRUEGER, MONTGOMERY, PERKINS, RIVERA, SERRANO,  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

    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 265.45 to
  read as follows:

  S 265.45 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 e to read as follows:

    E. SECTION 265.45 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;
    3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
  ENGAGED  IN  THE  COURSE  AND  SCOPE  OF  THEIR ACTIVITIES AS LICENSEES,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01836-01-3

 S. 572                              2

  PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
  ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;
    4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR
  REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK
  FROM SUCH A GUNSMITH;
    5.  A  COMMON  CARRIER,  WAREHOUSEMAN,  OR OTHER PERSON ENGAGED IN THE
  BUSINESS OF TRANSPORTING OR  STORING  GOODS,  TO  THE  EXTENT  THAT  THE
  POSSESSION  OR RECEIPT OF ANY FIREARM IS IN THE ORDINARY COURSE OF BUSI-
  NESS, AND NOT FOR THE PERSONAL USE OF ANY SUCH PERSON;
    6. A PERSON ACQUIRING FIREARMS BY OPERATION OF LAW UPON THE  DEATH  OF
  THE FORMER OWNER OF THE FIREARMS; OR
    7.  A  PERSON  WHOSE  FIREARM WAS STOLEN OR IRRETRIEVABLY LOST AND WHO
  CONSIDERS IT ESSENTIAL THAT THE FIREARM BE REPLACED IMMEDIATELY, IF:

    (A) THE PERSON PROVIDES THE SELLER OR TRANSFEROR WITH  A  COPY  OF  AN
  OFFICIAL  POLICE REPORT DESCRIBING THE LOSS OR THEFT OF THE FIREARM. THE
  OFFICIAL POLICE REPORT MUST CONTAIN THE NAME AND ADDRESS OF THE  FIREARM
  OWNER,  A DESCRIPTION OF THE FIREARM, THE LOCATION OF THE LOSS OR THEFT,
  THE DATE OF THE LOSS OR THEFT, AND  THE  DATE  THE  LOSS  OR  THEFT  WAS
  REPORTED TO THE LAW ENFORCEMENT AGENCY; AND
    (B)  THE  LOSS  OR  THEFT  OCCURRED WITHIN THIRTY DAYS OF THE PERSON'S
  ATTEMPT TO REPLACE THE FIREARM, AS REFLECTED BY  THE  DATE  OF  LOSS  OR
  THEFT ON THE OFFICIAL POLICE REPORT.
    S  3.  The penal law is amended by adding a new section 400.15 to read
  as follows:

  S 400.15 DUTIES OF DEALERS IN FIREARMS.
    1. EACH DEALER IN FIREARMS SHALL PRIOR TO THE SALE OF ANY FIREARM TO A
  PERSON REQUEST APPROVAL OF SUCH SALE TO SUCH PERSON FROM THE DIVISION OF
  CRIMINAL JUSTICE SERVICES.
    2. UPON RECEIPT OF THE APPROVAL OF THE DIVISION  OF  CRIMINAL  JUSTICE
  SERVICES OF A SALE OF A FIREARM, THE DEALER IN FIREARMS SHALL RECORD AND
  REPORT  SUCH  SALE  TO  THE DIVISION OF CRIMINAL JUSTICE SERVICES WITHIN
  TWENTY-FOUR HOURS.
    S 4. This act shall take effect on the first of January next  succeed-
  ing the date on which it shall have become a law.