S T A T E O F N E W Y O R K ________________________________________________________________________ 5951 2013-2014 Regular Sessions I N A S S E M B L Y March 11, 2013 ___________ Introduced by M. of A. CORWIN -- read once and referred 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, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE; 10 S 2. Paragraph (h) of subdivision 22 of section 265.00 of the penal 11 law, as added by chapter 1 of the laws of 2013, is amended to read as 12 follows: 13 (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision 14 and any large capacity ammunition feeding device that was legally 15 possessed by an individual prior to the enactment of the chapter of the 16 laws of two thousand thirteen which added this paragraph, may only be 17 sold to, exchanged with or disposed of to a purchaser authorized to 18 possess such weapons or to an individual or entity outside of the state 19 provided that any such transfer to an individual or entity outside of 20 the state must be reported to the entity wherein the weapon is regis- 21 tered within seventy-two hours of such transfer. An individual who 22 transfers any such weapon or large capacity ammunition device to an 23 individual inside New York state or without complying with the 24 provisions of this paragraph shall be guilty of a class A misdemeanor EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08192-01-3 A. 5951 2 1 unless such large capacity ammunition feeding device, the possession of 2 which is made illegal by the chapter of the laws of two thousand thir- 3 teen which added this paragraph, is transferred within one year of the 4 effective date of the chapter of the laws of two thousand thirteen which 5 added this paragraph. 6 (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA- 7 GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION 8 THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR 9 TO HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH INDIVIDUAL 10 TO ONE OF HIS OR HER IMMEDIATE FAMILY MEMBERS. FOR PURPOSES OF THIS 11 SUBPARAGRAPH, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE. 12 S 3. This act shall take effect on the same date and in the same 13 manner as subdivision d of section 58 of chapter 1 of the laws of 2013, 14 takes effect.