S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2900
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 30, 2015
                                      ___________
       Introduced  by  Sen.  LARKIN -- 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 possession of pistols  and
         revolvers  being  offered  for  sale  upon the premises of a dealer in
         firearms
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 265.20 of the penal law is amended by adding a new
    2  subdivision f to read as follows:
    3    F. 1. EXCEPT IN CITIES NOT WHOLLY CONTAINED  WITHIN  A  SINGLE  COUNTY
    4  SUBDIVISION  ONE  OF  SECTION  265.01  AND  SUBDIVISION  ONE  OF SECTION
    5  265.01-B OF THIS ARTICLE  SHALL  NOT  APPLY  TO  THE  POSSESSION  OF  AN
    6  UNLOADED  PISTOL  OR  REVOLVER UPON THE PREMISES OF A DEALER IN FIREARMS
    7  WHO IS LAWFULLY ENGAGED IN THE SALE OR OFFERING FOR SALE OF SUCH  PISTOL
    8  OR REVOLVER BY A PERSON WHO IS:
    9    (A)  TWENTY-ONE  YEARS  OF  AGE OR OLDER, AND NOT OTHERWISE PROHIBITED
   10  FROM POSSESSING A FIREARM; OR
   11    (B) EIGHTEEN YEARS OF AGE OR OLDER HAVING  BEEN  HONORABLY  DISCHARGED
   12  FROM  THE  UNITED  STATES  ARMY,  NAVY, MARINE CORPS, AIR FORCE OR COAST
   13  GUARD, OR FROM ACTIVE SERVICE IN A FORCE OF THE ORGANIZED MILITIA OF THE
   14  STATE, AS DEFINED IN SECTION ONE OF THE MILITARY LAW, AS  EVINCED  BY  A
   15  DD-214 OR OTHER SIMILAR PROOF OF MILITARY SERVICE.
   16    2.  POSSESSION OF AN UNLOADED PISTOL OR REVOLVER SHALL ONLY BE GRANTED
   17  BY A DEALER IN FIREARMS, OR HIS OR HER AGENT, UPON PRESENTATION OF SUIT-
   18  ABLE PHOTOGRAPH IDENTIFICATION AND PROOF OF AGE. THE DEALER  OR  HIS  OR
   19  HER AGENT SHALL MAINTAIN CUSTODY OF SUCH IDENTIFICATION AND PROOF OF AGE
   20  WHILE  THE PERSON, WHO IS NOT AUTHORIZED TO POSSESS A PISTOL OR REVOLVER
   21  PURSUANT TO SUBDIVISION  A  OF  THIS  SECTION,  HAS  POSSESSION  OF  THE
   22  UNLOADED PISTOL OR REVOLVER UPON THE DEALER'S PREMISES.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04726-01-5