S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2351
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 16, 2013
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN  ACT  to amend the general business law, in relation to the sale of a
         rifle or a shotgun between unlicensed persons and providing penalties
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  396-eee to read as follows:
    3    S  396-EEE. SALE OF CERTAIN WEAPONS BETWEEN UNLICENSED PERSONS. 1. THE
    4  SALE OF RIFLES OR SHOTGUNS, AS SUCH TERMS ARE DEFINED IN SECTION  265.00
    5  OF  THE  PENAL  LAW,  BETWEEN  TWO  OR  MORE UNLICENSED PERSONS SHALL BE
    6  CONDUCTED THROUGH A FEDERALLY LICENSED FIREARMS DEALER AND SHALL  COMPLY
    7  WITH APPLICABLE FEDERAL AND STATE LAWS. A PERSON SHALL COMPLETE ANY SALE
    8  OF  A  RIFLE  OR  SHOTGUN  THROUGH A PERSON LICENSED PURSUANT TO SECTION
    9  400.00 OF THE PENAL LAW IN ACCORDANCE WITH THIS SECTION. THE  SELLER  OF
   10  THE  RIFLE  OR  SHOTGUN SHALL DELIVER THE RIFLE OR SHOTGUN TO THE DEALER
   11  WHO SHALL RETAIN POSSESSION OF THAT RIFLE OR SHOTGUN. THE  DEALER  SHALL
   12  THEN DELIVER THE RIFLE OR SHOTGUN TO THE PURCHASER OF THE RIFLE OR SHOT-
   13  GUN,  IF  IT  IS  NOT  PROHIBITED BY ANY PROVISION OF LAW. IF THE DEALER
   14  CANNOT LEGALLY DELIVER THE RIFLE OR SHOTGUN  TO  THE  PURCHASER  OF  THE
   15  RIFLE  OR  SHOTGUN,  THE DEALER SHALL FORTHWITH, WITHOUT WAITING FOR THE
   16  CONCLUSION OF ANY APPLICABLE WAITING PERIOD, RETURN THE RIFLE OR SHOTGUN
   17  TO THE SELLER OF THE RIFLE OR SHOTGUN. THE DEALER SHALL NOT  RETURN  THE
   18  RIFLE  OR  SHOTGUN  TO  THE SELLER OF THE RIFLE OR SHOTGUN WHEN TO DO SO
   19  WOULD CONSTITUTE A VIOLATION OF THE PENAL  LAW.  IF  THE  DEALER  CANNOT
   20  LEGALLY  RETURN THE RIFLE OR SHOTGUN TO THE SELLER OF THE RIFLE OR SHOT-
   21  GUN, THEN THE DEALER SHALL FORTHWITH DELIVER THE RIFLE OR SHOTGUN TO THE
   22  SHERIFF OF THE COUNTY OR THE CHIEF OF POLICE OR OTHER HEAD OF A  MUNICI-
   23  PAL  POLICE  DEPARTMENT  OF  ANY  CITY OR CITY AND COUNTY WHO SHALL THEN
   24  DISPOSE OF THE FIREARM IN THE MANNER PROVIDED BY SUCH MUNICIPALITY.  THE
   25  FEDERALLY  LICENSED  FIREARMS  DEALER  MAY  CHARGE A TRANSFER FEE NOT TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04874-01-3
       S. 2351                             2
    1  EXCEED TEN DOLLARS. THIS SECTION DOES NOT APPLY TO THE SALE OF RIFLES OR
    2  SHOTGUNS IN ANY OF THE FOLLOWING SITUATIONS:
    3    A.  THE  PERSON  SELLING THE RIFLE OR SHOTGUN OR THE PERSON PURCHASING
    4  THE RIFLE OR SHOTGUN IS A LICENSED FIREARMS DEALER PURSUANT  TO  FEDERAL
    5  LAW.
    6    B.  THE  RIFLE  OR  SHOTGUN  BOUGHT  IS AN ANTIQUE RIFLE OR SHOTGUN, A
    7  COLLECTOR'S ITEM, A DEVICE WHICH IS NOT DESIGNED OR REDESIGNED  FOR  USE
    8  AS  A  RIFLE  OR SHOTGUN, A DEVICE WHICH IS DESIGNED SOLELY FOR USE AS A
    9  SIGNALING, PYROTECHNIC, LINE-THROWING, SAFETY OR SIMILAR  DEVICE,  OR  A
   10  RIFLE  OR  SHOTGUN  WHICH  IS UNSERVICEABLE BY REASON OF BEING UNABLE TO
   11  DISCHARGE A SHOT BY MEANS OF AN EXPLOSIVE  AND  IS  INCAPABLE  OF  BEING
   12  READILY RESTORED TO A FIRING CONDITION.
   13    C.  THE  PERSON PURCHASING THE RIFLE OR SHOTGUN IS AUTHORIZED TO DO SO
   14  ON BEHALF OF A LAW ENFORCEMENT AGENCY.
   15    D. THE PERSON PURCHASING THE RIFLE OR SHOTGUN FROM THE  SELLER  IS  AN
   16  IMMEDIATE  FAMILY  MEMBER  OF  SUCH  PERSON, WHICH SHALL INCLUDE SPOUSE;
   17  NATURAL AND ADOPTIVE PARENTS, CHILDREN AND SIBLINGS; STEPPARENTS,  STEP-
   18  CHILDREN  AND STEPSIBLINGS; FATHERS-IN-LAW, MOTHERS-IN-LAW, BROTHERS-IN-
   19  LAW, SISTERS-IN-LAW, SONS-IN-LAW AND DAUGHTERS-IN-LAW; AND  GRANDPARENTS
   20  AND GRANDCHILDREN.
   21    2.  AN UNLICENSED PERSON WHO SELLS A SHOTGUN OR RIFLE TO ANOTHER UNLI-
   22  CENSED PERSON, OR AN UNLICENSED PERSON WHO PURCHASES A RIFLE OR  SHOTGUN
   23  FROM  ANOTHER  UNLICENSED PERSON, WITHOUT THE SALE CONDUCTED BY A FEDER-
   24  ALLY LICENSED FIREARMS DEALER, SHALL BE GUILTY OF A CLASS A  MISDEMEANOR
   25  PURSUANT TO SECTION 265.17 OF THE PENAL LAW.
   26    3.  A  PERSON  WHO SELLS A RIFLE OR SHOTGUN TO ANOTHER PERSON, WHO THE
   27  SELLER KNOWS OR  HAS  REASON  TO  KNOW  IS  PROHIBITED  FROM  POSSESSING
   28  FIREARMS, RIFLES OR SHOTGUNS UNDER FEDERAL OR STATE LAW, SHALL BE GUILTY
   29  OF A CLASS A MISDEMEANOR PURSUANT TO SECTION 265.17 OF THE PENAL LAW.
   30    S 2. This act shall take effect on the first of November next succeed-
   31  ing  the  date  on  which  it shall have become a law and shall apply to
   32  firearms sold on or after such date.