STATE OF NEW YORK
        ________________________________________________________________________

                                          5937

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2021
                                       ___________

        Introduced  by  M.  of  A.  PICHARDO,  SAYEGH,  TAYLOR  -- read once and
          referred to the Committee on Codes

        AN ACT to amend the penal law, in relation to the  imposition  of  civil
          penalties for the improper disposition of a firearm

          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  80.20  to
     2  read as follows:
     3  § 80.20 Civil fines for the improper disposition of a firearm.
     4    1. Notwithstanding any other provision of this chapter and in addition
     5  to  any  other  fine,  penalty  or term of imprisonment authorized to be
     6  imposed pursuant to this chapter, any person who: (a)  sells,  transfers
     7  or disposes of a firearm for which he or she is the owner without legal-
     8  ly transferring the title of such firearm to the new owner; or (b) fails
     9  to  report a firearm for which he or she is the owner as lost or stolen;
    10  shall be subject to a civil penalty as follows:
    11    (i) for failure to legally transfer a firearm or report a  firearm  as
    12  lost  or  stolen,  such  owner shall be subject to a civil penalty in an
    13  amount not to exceed two thousand dollars;
    14    (ii) for failure to legally transfer a firearm or report a firearm  as
    15  lost or stolen and such firearm is used in the commission of a misdemea-
    16  nor,  such owner shall be subject to a civil penalty in an amount not to
    17  exceed four thousand dollars;
    18    (iii) for failure to legally transfer a firearm or report a firearm as
    19  lost or stolen and such firearm is used in the commission of  a  felony,
    20  such  owner  shall  be  subject  to  a civil penalty in an amount not to
    21  exceed six thousand dollars.
    22    2. The provisions of this section shall not apply to peace officers or
    23  federal law enforcement officers as such terms are  defined  in  article
    24  two of the criminal procedure law.
    25    § 2. This act shall take effect on the first of November next succeed-
    26  ing the date on which it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08169-01-1