S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3373
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 6, 2015
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 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
       S. 3373                             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.