S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1275
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by  Sen. PERALTA -- 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 the disposal of  firearms,
         rifles and shotguns by the state and local governments
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 16 of section 400.00 of the penal law, as added
    2  by chapter 233 of the laws of 1980, is amended to read as follows:
    3    16. Unlawful disposal. (A) No person shall except as otherwise author-
    4  ized pursuant to law dispose of any firearm unless he OR SHE is licensed
    5  as gunsmith or dealer in firearms.
    6    (B) NO DEPARTMENT, BOARD, BUREAU, COMMISSION, AGENCY OR OTHER DIVISION
    7  OF THE STATE OR LOCAL GOVERNMENT SHALL SELL OR  OTHERWISE  TRANSFER  ANY
    8  FIREARM,  RIFLE  OR  SHOTGUN TO ANY PERSON OR ENTITY OTHER THAN TO A LAW
    9  ENFORCEMENT AGENCY FOR USE BY SUCH LAW ENFORCEMENT AGENCY.  ANY  DEPART-
   10  MENT,  BOARD,  BUREAU, COMMISSION, AGENCY OR OTHER DIVISION OF THE STATE
   11  OR LOCAL GOVERNMENT INTENDING TO DISPOSE OF ANY FIREARM, RIFLE OR  SHOT-
   12  GUN SHALL, IF AUTHORIZED, EITHER SELL OR TRANSFER SUCH FIREARM, RIFLE OR
   13  SHOTGUN  TO  A  LAW  ENFORCEMENT  AGENCY FOR USE BY SUCH LAW ENFORCEMENT
   14  AGENCY, OR DISPOSE OF THE FIREARM, RIFLE OR SHOTGUN  BY  DESTROYING  THE
   15  SAME  OR  CAUSING IT TO BE DESTROYED OR RENDERING THE SAME OR CAUSING IT
   16  TO BE RENDERED INEFFECTIVE AND USELESS FOR  ITS  INTENDED  PURPOSES  AND
   17  HARMLESS TO HUMAN LIFE.
   18    S 2.  This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00257-01-5