S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1811
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sens. ESPAILLAT, AVELLA, KENNEDY -- 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 the prohibition of illegal
         gun trafficking
         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 GUN TRAFFICKING.
    4    A  PERSON  IS GUILTY OF ILLEGAL GUN TRAFFICKING WHEN SUCH PERSON KNOW-
    5  INGLY  AND  INTENTIONALLY  DISTRIBUTES,  TRANSPORTS,  SHIPS,   RECEIVES,
    6  BARTERS, PURCHASES OR SELLS ANY FIREARM WHICH HAS:
    7    1. BEEN USED DURING THE COMMISSION OF A CRIME;
    8    2. BEEN STOLEN;
    9    3.  HAD THE IMPORTER'S OR MANUFACTURER'S SERIAL NUMBER REMOVED, OBLIT-
   10  ERATED OR ALTERED; OR
   11    4. BEEN DEFACED.
   12    ILLEGAL GUN TRAFFICKING IS A CLASS D FELONY.
   13    S 2. This act shall take effect on the one hundred twentieth day after
   14  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02236-01-3