NY State Senate Bill 2017-S202

Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

co-Sponsors

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2017-S202 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §400.03, §265.00 sub 24, amd §§400.10 & 260.21, add §400.03, Pen L
Versions Introduced in 2015-2016 Legislative Session:: S4226

2017-S202 (ACTIVE) - Summary

Relates to the sale of ammunition to minors.

2017-S202 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S202

 TITLE OF BILL :

An act to amend the penal law, in relation to sale of ammunition; and
to repeal certain provisions of such law relating thereto

 PURPOSE :

To repeal those provisions in the SAFE Act requiring the registration
of sellers of ammunition, as well as, the registration and
recordkeeping of each sale of ammunition.

 SUMMARY OF PROVISIONS :

Section 1 repeals Section 400.03 of the penal law thus eliminating the
registration of ammunition retailers and the registration and record
keeping for each sale of ammunition.

Section 2 repeals subdivision 24 of section 265.00 of the penal law,
thereby removing the definition of Seller of Ammunition.

Section 3 amends subdivision 1 of section 400.10 of the penal law to
remove and relieve sellers of ammunition from having to report the
facts and circumstances of the loss or theft of ammunition to police
or sheriff's departments within 24 hours.

Section 4 amends penal law to add a new section 400.03 which requires
a valid driver's license, or non-driver's identification card or
passport or identification card issued by the armed forces of the
United States to indicate the age of the individual purchasing
ammunition is at least eighteen years of age.

Sections 5 and 6 amend subdivision 3 of section 260.21 of the penal
law and adds a new subdivision 4 of 260.21 of the penal law to add the
sale of ammunition to a child less than eighteen years old is the
crime of unlawfully dealing with a child in the second degree.

Section 7 states the effective date

 EXISTING LAW :

Section 400.03 of the penal law, implemented as part of the SAFE Act,
requires sellers of ammunition to be registered with the
Superintendent of the State Police. It further requires sellers of
ammunition to perform a background check on each and every buyer
through a State-created database to determine whether such sale can be
made. The seller must also register on the database the quantity and
type of ammunition being purchased and in addition, keep a record book
on the premises with the same information which may be inspected by
any peace officer or police officer acting pursuant to their duties.

 JUSTIFICATION :

This bill repeals 400.03 since its actual implementation is not
feasible. At the New York State Legislative 2015 Joint Budget Hearing
on Public Protection on February 26, 2015, the Superintendent of the
New York State Police reported that the State has registered all
dealers selling ammunition in New York, however, the creation of a
point-of purchase background check is something they continue to work
on and solutions are "notional". Additionally, this unnecessary
mandate prohibits both in-state and out of state online purchases of
ammunition. Repealing this section will permit this commercial
activity to occur.


In removing this technologically insurmountable provision, it is
replaced with a provision which requires the purchaser of ammunition
to show valid identification that he or she is age eighteen or over.
To further deter ammunition sales to those under eighteen, the sale of
ammunition to minors is added to the penal law as a crime of
"unlawfully dealing with a child in the second degree. This provision
is a reasonable safeguard that will help ensure ammunition purchases
are only made by individuals of legal age.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

2015-16:  Referred to Codes

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall become
law.

2017-S202 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    202
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. MARCHIONE, FUNKE -- 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 sale of ammunition; and to
   repeal certain provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 400.03 of the penal law is REPEALED.
   § 2. Subdivision 24 of section 265.00 of the penal law is REPEALED.
   §  3.  Paragraph  (a)  of subdivision 1 of section 400.10 of the penal
 law, as amended by chapter 1 of the laws of 2013, is amended to read  as
 follows:
   (a)  Any  owner  or  other  person  lawfully  in  possession of: (i) a
 firearm, rifle or[,] shotgun who suffers the loss or theft of said weap-
 on; (ii) ammunition as well as a firearm, rifle or shotgun  who  suffers
 the  loss  or  theft  of  such ammunition as well as a firearm, rifle or
 shotgun; or (iii) ammunition and is a dealer in firearms [or  seller  of
 ammunition] who suffers the loss or theft of such ammunition shall with-
 in  twenty-four  hours  of the discovery of the loss or theft report the
 facts and circumstances of the loss or theft to a police  department  or
 sheriff's office.
   §  4.  The penal law is amended by adding a new section 400.03 to read
 as follows:
 § 400.03 SALE OF AMMUNITION TO MINORS PROHIBITED.
   SALE OF ANY AMMUNITION SHALL BE MADE ONLY TO AN INDIVIDUAL WHO  DEMON-
 STRATES,  THROUGH (A) A VALID DRIVER'S LICENSE OR NON-DRIVER'S IDENTIFI-
 CATION CARD ISSUED BY THE COMMISSIONER OF MOTOR  VEHICLES,  THE  FEDERAL
 GOVERNMENT, ANY UNITED STATES TERRITORY, COMMONWEALTH OR POSSESSION, THE
 DISTRICT  OF  COLUMBIA, A STATE GOVERNMENT WITHIN THE UNITED STATES OR A
 PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA, OR (B) A VALID PASSPORT
 ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER COUNTRY, OR  (C)  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04052-01-7

 S. 202                              2
 
 IDENTIFICATION  CARD  ISSUED  BY  THE ARMED FORCES OF THE UNITED STATES,
 INDICATING THAT THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF AGE.
   §  5.  Subdivision  3  of section 260.21 of the penal law, as added by
 chapter 362 of the laws of 1992, is amended to read as follows:
   3. He sells or causes to be sold tobacco in any form to a  child  less
 than eighteen years old.
   [It  is  no  defense to a prosecution pursuant to subdivision three of
 this section that the child acted as  the  agent  or  representative  of
 another person or that the defendant dealt with the child as such.]
   § 6. Section 260.21 of the penal law is amended by adding a new subdi-
 vision 4 to read as follows:
   4. HE SELLS OR CAUSES TO BE SOLD AMMUNITION TO A CHILD LESS THAN EIGH-
 TEEN  YEARS  OLD.  IT  IS  NO  DEFENSE TO A PROSECUTION PURSUANT TO THIS
 SUBDIVISION OR SUBDIVISION THREE OF THIS SECTION THAT THE CHILD ACTED AS
 THE AGENT OR REPRESENTATIVE OF ANOTHER  PERSON  OR  THAT  THE  DEFENDANT
 DEALT WITH THE CHILD AS SUCH.
   §  7.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S202

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S202 (ACTIVE) - Details

2017-S202 (ACTIVE) - Summary

2017-S202 (ACTIVE) - Sponsor Memo

2017-S202 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S202

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S202 (ACTIVE) - Details

2017-S202 (ACTIVE) - Summary

2017-S202 (ACTIVE) - Sponsor Memo

2017-S202 (ACTIVE) - Bill Text download pdf

Comments