NY State Senate Bill 2009-S1714

Senate Bill S1714

2009-2010 Legislative Session

Requires sale of certain firearms between unlicensed persons shall be conducted through a licensed firearms dealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Feb 05, 2009	referred to consumer protection

2009-S1714 (ACTIVE) - Details

See Assembly Version of this Bill:: A1536
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-eee, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4348, A362
2013-2014: S2351
2015-2016: S3857

2009-S1714 (ACTIVE) - Summary

Requires sale of rifles and shotguns between unlicensed persons shall be conducted through a federally licensed firearms dealer; makes exceptions; provides penalties.

2009-S1714 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1714

 TITLE OF BILL :
An act to amend the general business law, in relation to the sale of a
rifle or a shotgun between unlicensed persons and providing penalties


 PURPOSE OR GENERAL IDEA OF BILL :
To require the sale of certain weapons between unlicensed persons to
be conducted through a federally licensed firearm dealer.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one adds a new section 396-eee to the general business law and
requires any sale of a rifle or shotgun to be conducted through a
federally licensed firearms dealer.  This section provides for the
return of the firearm to the appropriate party, designated within this
section, should sale of the firearm constitute a violation of the
penal law. This section does not apply to the sale of firearms in four
specified situations: sales to federally licensed firearms dealers;
sales of an antique rifle or shotgun, a collector's item, a device not
designed or redesigned for use as a rifle or shotgun or is designed
solely for use as a signaling, safety or similar device or an
unserviceable rifle or shotgun; sales to purchasers authorized to
purchase on behalf of a law enforcement agency; and sales to immediate
family members, which include spouse, natural and adoptive parents,
children and siblings, stepparents, stepchildren and step-siblings,

fathers-, mothers-, brothers-, sisters-, sons- and daughters-in-law,
and grandparents and grandchildren. A violation of this section shall
result in a class A misdemeanor pursuant to section 265.17 of the
penal law.

Section two defines the date of enactment as the first of November
following the date on which this act shall become a law.

 JUSTIFICATION :
Currently, the unregulated secondary market provides an easy avenue
for prohibited persons to purchase weapons from places such as
newspaper ads, garage sales and flea markets. This legislation would
require that a background check be performed by a licensed firearms
dealer before a firearm is resold in New York State, thus potentially
reducing violent crime. There is similar legislation in California,
Rhode Island and the District of Columbia, as well as in New York
City, Chicago, Omaha, Nebraska and Columbus, Ohio. In addition, in its
2007 report, the International Association of Chiefs of Police
recommended requiring background checks prior to third party sales to
reduce gun violence.

 LEGISLATIVE HISTORY :
2008 - A.10639 - Referred to Economic Development

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November following
enactment.

2009-S1714 (ACTIVE) - Bill Text download pdf

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

                                  1714

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- 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 the sale  of  a
  rifle or a shotgun between unlicensed persons and providing penalties

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

  Section 1. The general business law is amended by adding a new section
396-eee to read as follows:
  S 396-EEE. SALE OF CERTAIN WEAPONS BETWEEN UNLICENSED PERSONS. 1.  THE
SALE  OF RIFLES OR SHOTGUNS, AS SUCH TERMS ARE DEFINED IN SECTION 265.00
OF THE PENAL LAW, BETWEEN  TWO  OR  MORE  UNLICENSED  PERSONS  SHALL  BE
CONDUCTED  THROUGH A FEDERALLY LICENSED FIREARMS DEALER AND SHALL COMPLY
WITH APPLICABLE FEDERAL AND STATE LAWS. A PERSON SHALL COMPLETE ANY SALE
OF A RIFLE OR SHOTGUN THROUGH A  PERSON  LICENSED  PURSUANT  TO  SECTION
400.00  OF  THE PENAL LAW IN ACCORDANCE WITH THIS SECTION. THE SELLER OF
THE RIFLE OR SHOTGUN SHALL DELIVER THE RIFLE OR SHOTGUN  TO  THE  DEALER
WHO  SHALL  RETAIN POSSESSION OF THAT RIFLE OR SHOTGUN. THE DEALER SHALL
THEN DELIVER THE RIFLE OR SHOTGUN TO THE PURCHASER OF THE RIFLE OR SHOT-
GUN, IF IT IS NOT PROHIBITED BY ANY PROVISION  OF  LAW.  IF  THE  DEALER
CANNOT  LEGALLY  DELIVER  THE  RIFLE  OR SHOTGUN TO THE PURCHASER OF THE
RIFLE OR SHOTGUN, THE DEALER SHALL FORTHWITH, WITHOUT  WAITING  FOR  THE
CONCLUSION OF ANY APPLICABLE WAITING PERIOD, RETURN THE RIFLE OR SHOTGUN
TO  THE  SELLER OF THE RIFLE OR SHOTGUN. THE DEALER SHALL NOT RETURN THE
RIFLE OR SHOTGUN TO THE SELLER OF THE RIFLE OR SHOTGUN  WHEN  TO  DO  SO
WOULD  CONSTITUTE  A  VIOLATION  OF  THE PENAL LAW. IF THE DEALER CANNOT
LEGALLY RETURN THE RIFLE OR SHOTGUN TO THE SELLER OF THE RIFLE OR  SHOT-
GUN, THEN THE DEALER SHALL FORTHWITH DELIVER THE RIFLE OR SHOTGUN TO THE
SHERIFF  OF THE COUNTY OR THE CHIEF OF POLICE OR OTHER HEAD OF A MUNICI-
PAL POLICE DEPARTMENT OF ANY CITY OR CITY  AND  COUNTY  WHO  SHALL  THEN
DISPOSE  OF THE FIREARM IN THE MANNER PROVIDED BY SUCH MUNICIPALITY. THE
FEDERALLY LICENSED FIREARMS DEALER MAY CHARGE  A  TRANSFER  FEE  NOT  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01420-01-9

S. 1714                             2

EXCEED TEN DOLLARS. THIS SECTION DOES NOT APPLY TO THE SALE OF RIFLES OR
SHOTGUNS IN ANY OF THE FOLLOWING SITUATIONS:
  A.  THE  PERSON  SELLING THE RIFLE OR SHOTGUN OR THE PERSON PURCHASING
THE RIFLE OR SHOTGUN IS A LICENSED FIREARMS DEALER PURSUANT  TO  FEDERAL
LAW.
  B.  THE  RIFLE  OR  SHOTGUN  BOUGHT  IS AN ANTIQUE RIFLE OR SHOTGUN, A
COLLECTOR'S ITEM, A DEVICE WHICH IS NOT DESIGNED OR REDESIGNED  FOR  USE
AS  A  RIFLE  OR SHOTGUN, A DEVICE WHICH IS DESIGNED SOLELY FOR USE AS A
SIGNALING, PYROTECHNIC, LINE-THROWING, SAFETY OR SIMILAR  DEVICE,  OR  A
RIFLE  OR  SHOTGUN  WHICH  IS UNSERVICEABLE BY REASON OF BEING UNABLE TO
DISCHARGE A SHOT BY MEANS OF AN EXPLOSIVE  AND  IS  INCAPABLE  OF  BEING
READILY RESTORED TO A FIRING CONDITION.
  C.  THE  PERSON PURCHASING THE RIFLE OR SHOTGUN IS AUTHORIZED TO DO SO
ON BEHALF OF A LAW ENFORCEMENT AGENCY.
  D. THE PERSON PURCHASING THE RIFLE OR SHOTGUN FROM THE  SELLER  IS  AN
IMMEDIATE  FAMILY  MEMBER  OF  SUCH  PERSON, WHICH SHALL INCLUDE SPOUSE;
NATURAL AND ADOPTIVE PARENTS, CHILDREN AND SIBLINGS; STEPPARENTS,  STEP-
CHILDREN  AND STEPSIBLINGS; FATHERS-IN-LAW, MOTHERS-IN-LAW, BROTHERS-IN-
LAW, SISTERS-IN-LAW, SONS-IN-LAW AND DAUGHTERS-IN-LAW; AND  GRANDPARENTS
AND GRANDCHILDREN.
  2.  AN UNLICENSED PERSON WHO SELLS A SHOTGUN OR RIFLE TO ANOTHER UNLI-
CENSED PERSON, OR AN UNLICENSED PERSON WHO PURCHASES A RIFLE OR  SHOTGUN
FROM  ANOTHER  UNLICENSED PERSON, WITHOUT THE SALE CONDUCTED BY A FEDER-
ALLY LICENSED FIREARMS DEALER, SHALL BE GUILTY OF A CLASS A  MISDEMEANOR
PURSUANT TO SECTION 265.17 OF THE PENAL LAW.
  3.  A  PERSON  WHO SELLS A RIFLE OR SHOTGUN TO ANOTHER PERSON, WHO THE
SELLER KNOWS OR  HAS  REASON  TO  KNOW  IS  PROHIBITED  FROM  POSSESSING
FIREARMS, RIFLES OR SHOTGUNS UNDER FEDERAL OR STATE LAW, SHALL BE GUILTY
OF A CLASS A MISDEMEANOR PURSUANT TO SECTION 265.17 OF THE PENAL LAW.
  S 2. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
firearms sold on or after such date.

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