S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8053
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 5, 2015
                                      ___________
       Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to amend the penal law, in relation to authorizing the transfer
         of certain weapons from an  estate  to  an  immediate  member  of  the
         decedent's family
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (g) of subdivision 22 of section  265.00  of  the
    2  penal  law  is  amended  by  adding  a new subparagraph (vii) to read as
    3  follows:
    4    (VII) ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT  TO
    5  SUBDIVISION  SIXTEEN-A  OF  SECTION 400.00 OF THIS CHAPTER PRIOR TO SUCH
    6  PERSON'S DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN  IMMEDI-
    7  ATE  FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO THE
    8  PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION. FOR  PURPOSES  OF  THIS
    9  SUBPARAGRAPH,  THE  MEANING  OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
   10  SUBDIVISION ONE OF SECTION EIGHT HUNDRED  NINETY-EIGHT  OF  THE  GENERAL
   11  BUSINESS LAW;
   12    S  2.  Paragraph  (h) of subdivision 22 of section 265.00 of the penal
   13  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
   14  follows:
   15    (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
   16  and  any  large  capacity  ammunition  feeding  device  that was legally
   17  possessed by an individual prior to the enactment of the chapter of  the
   18  laws  of  two  thousand thirteen which added this paragraph, may only be
   19  sold to, exchanged with or disposed of  to  a  purchaser  authorized  to
   20  possess  such weapons or to an individual or entity outside of the state
   21  provided that any such transfer to an individual or  entity  outside  of
   22  the  state  must  be reported to the entity wherein the weapon is regis-
   23  tered within seventy-two hours  of  such  transfer.  An  individual  who
   24  transfers  any  such  weapon  or  large capacity ammunition device to an
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08753-01-5
       A. 8053                             2
    1  individual  inside  New  York  state  or  without  complying  with   the
    2  provisions  of  this  paragraph shall be guilty of a class A misdemeanor
    3  unless such large capacity ammunition feeding device, the possession  of
    4  which  is  made illegal by the chapter of the laws of two thousand thir-
    5  teen which added this paragraph, is transferred within one year  of  the
    6  effective date of the chapter of the laws of two thousand thirteen which
    7  added this paragraph.
    8    (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
    9  GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F)  OF  THIS  SUBDIVISION
   10  THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
   11  TO  HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH INDIVIDUAL
   12  TO ONE OF HIS OR HER IMMEDIATE FAMILY  MEMBERS.  FOR  PURPOSES  OF  THIS
   13  SUBPARAGRAPH,  THE  MEANING  OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
   14  SUBDIVISION ONE OF SECTION EIGHT HUNDRED  NINETY-EIGHT  OF  THE  GENERAL
   15  BUSINESS LAW.
   16    S 3. This act shall take effect immediately.