S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6536
                                   I N  S E N A T E
                                   February 4, 2014
                                      ___________
       Introduced  by  Sen.  LARKIN -- 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 possession of pistols  and
         revolvers  being  offered  for  sale  upon the premises of a dealer in
         firearms
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 265.20 of the penal law is amended by adding a new
    2  subdivision f to read as follows:
    3    F. 1. EXCEPT IN CITIES NOT WHOLLY CONTAINED WITHIN A SINGLE COUNTY  OF
    4  THE  STATE  SUBDIVISION  ONE  OF  SECTION  265.01 AND SUBDIVISION ONE OF
    5  SECTION 265.01-B OF THIS ARTICLE SHALL NOT APPLY TO THE POSSESSION OF AN
    6  UNLOADED PISTOL OR REVOLVER UPON THE PREMISES OF A  DEALER  IN  FIREARMS
    7  WHO  IS LAWFULLY ENGAGED IN THE SALE OR OFFERING FOR SALE OF SUCH PISTOL
    8  OR REVOLVER BY A PERSON WHO IS:
    9    (A) TWENTY-ONE YEARS OF AGE OR OLDER,  AND  NOT  OTHERWISE  PROHIBITED
   10  FROM POSSESSING A FIREARM; OR
   11    (B)  EIGHTEEN  YEARS  OF AGE OR OLDER HAVING BEEN HONORABLY DISCHARGED
   12  FROM THE UNITED STATES ARMY, NAVY, MARINE  CORPS,  AIR  FORCE  OR  COAST
   13  GUARD, OR FROM ACTIVE SERVICE IN A FORCE OF THE ORGANIZED MILITIA OF THE
   14  STATE,  AS  DEFINED  IN SECTION ONE OF THE MILITARY LAW, AS EVINCED BY A
   15  DD-214 OR OTHER SIMILAR PROOF OF MILITARY SERVICE.
   16    2. POSSESSION OF AN UNLOADED PISTOL OR REVOLVER SHALL ONLY BE  GRANTED
   17  BY A DEALER IN FIREARMS, OR HIS OR HER AGENT, UPON PRESENTATION OF SUIT-
   18  ABLE  PHOTOGRAPH  IDENTIFICATION  AND PROOF OF AGE. THE DEALER OR HIS OR
   19  HER AGENT SHALL MAINTAIN CUSTODY OF SUCH IDENTIFICATION AND PROOF OF AGE
   20  WHILE THE PERSON, WHO IS NOT AUTHORIZED TO POSSESS A PISTOL OR  REVOLVER
   21  PURSUANT  TO  SUBDIVISION  A  OF  THIS  SECTION,  HAS  POSSESSION OF THE
   22  UNLOADED PISTOL OR REVOLVER UPON THE DEALER'S PREMISES.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11748-03-3