Requires the disposal of firearms, rifles and shotguns owned by any department, board, bureau, commission or agency of the state of New York and local governments by either selling or transferring to a law enforcement agency for destruction; prohibits the sale of any such weapon to any other person or entity.
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: 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.
STATE OF NEW YORK ________________________________________________________________________ 69 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________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. LBD03341-01-1