S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7764
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 4, 2013
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee on Codes
       AN  ACT to amend the penal law, in relation to prohibiting the promotion
         or sale of a weapon on public property
         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 265.45 to
    2  read as follows:
    3  S 265.45 ILLEGAL PROMOTION OR SALE OF A WEAPON ON PUBLIC PROPERTY.
    4    A PERSON IS GUILTY OF ILLEGAL PROMOTION OR SALE OF A WEAPON ON  PUBLIC
    5  PROPERTY  WHEN HE OR SHE PROMOTES, SELLS, TRANSFERS, EXCHANGES, GIVES OR
    6  DISPOSES OF ANY WEAPON SITUATED UPON PROPERTY OWNED BY THE STATE OR  ANY
    7  POLITICAL SUBDIVISION THEREOF.
    8    ILLEGAL  PROMOTION OR SALE OF A WEAPON ON PUBLIC PROPERTY IS A CLASS A
    9  MISDEMEANOR.
   10    S 2. Subdivision 8 of section 400.00 of the penal law, as  amended  by
   11  chapter 189 of the laws of 2000, is amended to read as follows:
   12    8.  License:  exhibition  and display. Every licensee while carrying a
   13  pistol or revolver shall have on his or her person a  license  to  carry
   14  the  same.  Every  person  licensed  to  possess a pistol or revolver on
   15  particular premises shall have the license for the same  on  such  prem-
   16  ises.  Upon demand, the license shall be exhibited for inspection to any
   17  peace officer, who is acting pursuant to his or her special  duties,  or
   18  police  officer.  A  license  as gunsmith or dealer in firearms shall be
   19  prominently displayed on the licensed premises. A gunsmith or dealer  of
   20  firearms  may  conduct business temporarily at a location other than the
   21  location specified on the license if  such  temporary  location  is  the
   22  location  for  a  gun show or event sponsored by any national, state, or
   23  local organization, or any affiliate of any such organization devoted to
   24  the collection, competitive use  or  other  sporting  use  of  firearms,
   25  PROVIDED THAT SUCH SHOW OR EVENT IS NOT LOCATED ON PROPERTY OWNED BY THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06822-01-3
       A. 7764                             2
    1  STATE  OR  ANY  POLITICAL SUBDIVISION THEREOF. Any sale or transfer at a
    2  gun show must also comply with the provisions of article  thirty-nine-DD
    3  of  the  general  business  law.  Records  of receipt and disposition of
    4  firearms transactions conducted at such temporary location shall include
    5  the  location  of  the sale or other disposition and shall be entered in
    6  the permanent records of the gunsmith or dealer of firearms and retained
    7  on the location specified on the license. Nothing in this section  shall
    8  authorize  any  licensee to conduct business from any motorized or towed
    9  vehicle. A separate fee shall not be required of a licensee with respect
   10  to business conducted under this subdivision.  Any inspection  or  exam-
   11  ination  of  inventory  or  records under this section at such temporary
   12  location shall be limited to inventory consisting of, or records related
   13  to, firearms held or disposed at such temporary  locations.  Failure  of
   14  any  licensee  to  so exhibit or display his or her license, as the case
   15  may be, shall be presumptive  evidence  that  he  or  she  is  not  duly
   16  licensed.
   17    S  3.  This  act shall take effect on the ninetieth day after it shall
   18  have become a law.