S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5377
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2023
                                ___________
 
 Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to prohibiting the  promotion
   or sale of a weapon on public property
 
   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 265.36  to
 read as follows:
 § 265.36 UNLAWFUL PROMOTION OR SALE OF A WEAPON ON PUBLIC PROPERTY.
   A PERSON IS GUILTY OF UNLAWFUL PROMOTION OR SALE OF A WEAPON ON PUBLIC
 PROPERTY  WHEN HE OR SHE PROMOTES, SELLS, TRANSFERS, EXCHANGES, GIVES OR
 DISPOSES OF ANY WEAPON SITUATED UPON PROPERTY OWNED BY THE STATE OR  ANY
 POLITICAL SUBDIVISION THEREOF.
   UNLAWFUL PROMOTION OR SALE OF A WEAPON ON PUBLIC PROPERTY IS A CLASS A
 MISDEMEANOR.
   §  2.  Subdivision 8 of section 400.00 of the penal law, as amended by
 chapter 212 of the laws of 2022, is amended to read as follows:
   8. License: exhibition and display. Every licensee  while  carrying  a
 pistol  or  revolver  shall have on his or her person a license to carry
 the same. Every person licensed to  possess  a  pistol  or  revolver  on
 particular  premises  shall  have the license for the same on such prem-
 ises. Every person licensed to purchase or take possession of a  semiau-
 tomatic  rifle  shall have the license for the same on his or her person
 while purchasing or taking possession of such weapon. Upon  demand,  the
 license  shall  be exhibited for inspection to any peace officer, who is
 acting pursuant to his or her  special  duties,  or  police  officer.  A
 license as gunsmith or dealer in firearms shall be prominently displayed
 on  the  licensed premises. A gunsmith or dealer of firearms may conduct
 business temporarily at a location other than the location specified  on
 the license if such temporary location is the location for a gun show or
 event  sponsored  by  any national, state, or local organization, or any

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09653-01-3
              

 A. 5377                             2
 
 affiliate of any such organization devoted to  the  collection,  compet-
 itive use or other sporting use of firearms , PROVIDED THAT SUCH SHOW OR
 EVENT  IS NOT LOCATED ON PROPERTY OWNED BY THE STATE  OR  ANY  POLITICAL
 SUBDIVISION  THEREOF.    Any  sale  or  transfer at a gun show must also
 comply with the provisions of  article  thirty-nine-DD  of  the  general
 business  law.  Records  of  receipt  and disposition of firearms trans-
 actions conducted at such temporary location shall include the  location
 of  the  sale or other disposition and shall be entered in the permanent
 records of the gunsmith or  dealer  of  firearms  and  retained  on  the
 location specified on the license. Nothing in this section shall author-
 ize  any  licensee to conduct business from any motorized or towed vehi-
 cle. A separate fee shall not be required of a licensee with respect  to
 business  conducted  under this subdivision.  Any inspection or examina-
 tion of inventory or  records  under  this  section  at  such  temporary
 location shall be limited to inventory consisting of, or records related
 to,  firearms  held  or disposed at such temporary locations. Failure of
 any licensee to so exhibit or display his or her license,  as  the  case
 may  be,  shall  be  presumptive  evidence  that  he  or she is not duly
 licensed.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.