S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          284
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. ABINANTI -- 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:
    1    Section  1. The penal law is amended by adding a new section 265.50 to
    2  read as follows:
    3  S 265.50 ILLEGAL PROMOTION OR SALE OF A WEAPON ON PUBLIC PROPERTY.
    4    A PERSON IS GUILTY OF ILLEGAL PROMOTION OR SALE OF A WEAPON ON  PUBLIC
    5  PROPERTY  WHEN HE OR SHE PROMOTES, SELLS, TRANSFERS, EXCHANGES, GIVES OR
    6  DISPOSES OF ANY WEAPON SITUATED UPON PROPERTY OWNED BY THE STATE OR  ANY
    7  POLITICAL SUBDIVISION THEREOF.
    8    ILLEGAL  PROMOTION OR SALE OF A WEAPON ON PUBLIC PROPERTY IS A CLASS A
    9  MISDEMEANOR.
   10    S 2. Subdivision 8 of section 400.00 of the penal law, as  amended  by
   11  chapter 189 of the laws of 2000, is amended to read as follows:
   12    8.  License:  exhibition  and display. Every licensee while carrying a
   13  pistol or revolver shall have on his or her person a  license  to  carry
   14  the  same.  Every  person  licensed  to  possess a pistol or revolver on
   15  particular premises shall have the license for the same  on  such  prem-
   16  ises.  Upon demand, the license shall be exhibited for inspection to any
   17  peace officer, who is acting pursuant to his or her special  duties,  or
   18  police  officer.  A  license  as gunsmith or dealer in firearms shall be
   19  prominently displayed on the licensed premises. A gunsmith or dealer  of
   20  firearms  may  conduct business temporarily at a location other than the
   21  location specified on the license if  such  temporary  location  is  the
   22  location  for  a  gun show or event sponsored by any national, state, or
   23  local organization, or any affiliate of any such organization devoted to
   24  the collection, competitive use  or  other  sporting  use  of  firearms,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03062-01-5
       A. 284                              2
    1  PROVIDED THAT SUCH SHOW OR EVENT IS NOT LOCATED ON PROPERTY OWNED BY THE
    2  STATE  OR  ANY  POLITICAL SUBDIVISION THEREOF. Any sale or transfer at a
    3  gun show must also comply with the provisions of article  thirty-nine-DD
    4  of  the  general  business  law.  Records  of receipt and disposition of
    5  firearms transactions conducted at such temporary location shall include
    6  the location of the sale or other disposition and shall  be  entered  in
    7  the permanent records of the gunsmith or dealer of firearms and retained
    8  on  the location specified on the license. Nothing in this section shall
    9  authorize any licensee to conduct business from any motorized  or  towed
   10  vehicle. A separate fee shall not be required of a licensee with respect
   11  to  business  conducted under this subdivision.  Any inspection or exam-
   12  ination of inventory or records under this  section  at  such  temporary
   13  location shall be limited to inventory consisting of, or records related
   14  to,  firearms  held  or disposed at such temporary locations. Failure of
   15  any licensee to so exhibit or display his or her license,  as  the  case
   16  may  be,  shall  be  presumptive  evidence  that  he  or she is not duly
   17  licensed.
   18    S 3. This act shall take effect on the ninetieth day  after  it  shall
   19  have become a law.