Bill S805-2013

Provides for the registration of firearms by the owner thereof at the county clerks office of the county where the owner resides, except in New York City

Provides for the registration of firearms by the owner thereof at the county clerks office of the county where the owner resides, except in New York city; establishes fees for original registration and annual renewal thereof.

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  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S805

TITLE OF BILL: An act to amend the penal law, in relation to the registration of firearms

PURPOSE: The purpose of this bill is to provide for the registration of firearms by the owner thereof at the county clerks office of the county where the owner resides, except in New York City.

SUMMARY OF PROVISIONS: This bill incorporates a new section into the New York State Penal Law. §400.02 will state that any person who owns a firearm in New York State needs to register that firearm every year. Along with the annual registration of firearms, there will be other requirements that firearms owners will have to meet in order to legally possess firearms in New York State.

The registration of firearms will be done by mail or if you are residing within a city it may be done at a precinct. This registration should include the description of the firearm, meaning any serial numbers on the firearm, owner's name, address and phone number. The location of where the firearm will be located when it is not in use should also be incorporated into this registration. Also note that a ten dollar fee would be charged for the registration of a firearm. Photo identification will be given to the register owner after he/she has registered their firearm. In this photo identification the description of the firearm will be included.

PRIOR LEGISLATIVE HISTORY:

S.7486: 04/07/08 Referred to Codes S.2646: 02/26/09 Referred to Codes S.2994: 01/06/10 Referred to Codes

JUSTIFICATION: Through the use of an annual firearm registration, we are able to have better tracking supervision of the firearms circulating in New York State. There are many firearms that are illegally possessed in New York State but by implementing a constant registry of firearms we can come a step closer to identifying those illegal firearms. Also with this annual registration of firearms, firearm owners are better protected by law if the firearm is stolen or lost and something unfortunately happens with their particular firearm.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the 120th day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 805 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. ADAMS, SERRANO -- 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 registration of firearms 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 400.02 to read as follows: S 400.02 REGISTRATION OF FIREARMS; FEES; RENEWALS. 1. EVERY OWNER OF A FIREARM SHALL PRESENT BY MAIL OR OTHERWISE TO THE CLERK OF THE COUNTY WHEREIN HE OR SHE RESIDES AN APPLICATION FOR REGIS- TRATION OF SUCH FIREARM. FOR OWNERS RESIDING IN A COUNTY CONTAINED ENTIRELY WITHIN A CITY, SUCH APPLICATION SHALL BE MADE AT THE PRECINCT STATION SERVING THE AREA WHEREIN SUCH OWNER RESIDES. SUCH APPLICATION SHALL CONTAIN A BRIEF DESCRIPTION OF EACH FIREARM TO BE REGISTERED, INCLUDING ANY SERIAL NUMBER THEREON, THE OWNER'S NAME, ADDRESS AND PHONE NUMBER, AND THE LOCATION WHERE THE FIREARM IS TO BE LOCATED WHEN NOT IN USE. WITH RESPECT TO A NEWLY ACQUIRED FIREARM, THE APPLICATION SHALL INCLUDE WHERE AND HOW SUCH FIREARM WAS ACQUIRED. 2. UPON RECEIPT OF A SUFFICIENT APPLICATION, THE REGISTERING OFFICE SHALL PROVIDE THE APPLICANT WITH A REGISTRATION UPON PAYMENT OF A FEE OF FIFTEEN DOLLARS FOR EACH FIREARM REGISTERED. 3. A PERMANENT RECORD OF SUCH REGISTRATION SHALL BE MAINTAINED BY THE REGISTERING OFFICE, AND THE FIREARM OWNER SHALL BE ISSUED A PHOTO IDEN- TIFICATION POCKET CARD INDICATING THE FIREARM HAS BEEN REGISTERED TO SUCH OWNER. 4. SUCH REGISTRATION SHALL BE RENEWED EACH YEAR FOR A FEE OF TEN DOLLARS. WHENEVER THE REGISTERED OWNER SHALL GIVE, SELL, LOSE OR OTHER- WISE CEASE TO POSSESS THE REGISTERED FIREARM, THE REGISTERING OFFICE SHALL BE MADE AWARE OF SUCH TERMINATION OF POSSESSION.
5. WILLFUL FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL BE A MISDEMEANOR. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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