S T A T E O F N E W Y O R K
________________________________________________________________________
2400
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
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Introduced by M. of A. ENGLEBRIGHT, DINOWITZ, ORTIZ, ABINANTI, JAFFEE --
Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ, GALEF, GOTTFRIED --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to labeling of certain ship-
ments of firearms, rifles and shotguns and reporting certain informa-
tion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph 9 of subdivision a of section 265.20 of the penal
2 law, as amended by chapter 1041 of the laws of 1974, is amended to read
3 as follows:
4 9. The regular and ordinary transport of firearms as merchandise,
5 provided that the person transporting such firearms, where he OR SHE
6 knows or has reasonable means of ascertaining what he OR SHE is trans-
7 porting, CARRIES IN HIS OR HER POSSESSION A MANIFEST WHICH CLEARLY AND
8 CONSPICUOUSLY SHOWS THE NAME AND ADDRESS OF THE SHIPPER, THE SHIPPING
9 NUMBER, MAKE, MODEL AND MANUFACTURER'S NAME OF EACH FIREARM, THE SERIAL
10 NUMBER FOR EACH FIREARM SOLD OR EXCHANGED ON THE INTERNET AND INFORMA-
11 TION IDENTIFYING THE INTERNET WEBSITE OF THE SELLER OF SUCH FIREARM, AND
12 THE NAME AND ADDRESS OF THE CONSIGNEE AND THE PLACE OF DELIVERY, AND HE
13 OR SHE notifies in writing the police commissioner, police chief or
14 other law enforcement officer performing such functions at the place of
15 delivery AND THE SUPERINTENDENT OF STATE POLICE, of the name and address
16 of the SHIPPER AND consignee [and], the place of delivery, THE SHIPPING
17 NUMBER, MAKE, MODEL AND MANUFACTURER'S NAME OF EACH FIREARM, THE SERIAL
18 NUMBER FOR EACH FIREARM SOLD OR EXCHANGED ON THE INTERNET AND INFORMA-
19 TION IDENTIFYING THE INTERNET WEBSITE OF THE SELLER OF SUCH FIREARM, and
20 withholds delivery to the consignee for such reasonable period of time
21 designated in writing by such police commissioner, police chief or other
22 law enforcement officer AND THE SUPERINTENDENT OF STATE POLICE as such
23 official may deem necessary for investigation as to whether the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06424-01-5
A. 2400 2
1 consignee may lawfully receive and possess such firearms. THE PERSON
2 TRANSPORTING SUCH FIREARMS SHALL PRODUCE SUCH MANIFEST FOR INSPECTION AT
3 THE REQUEST OF A PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL
4 DUTIES, A POLICE OFFICER OR ANY OTHER PERSON AUTHORIZED BY LAW TO
5 INQUIRE INTO OR INVESTIGATE THE TRANSPORTATION OF FIREARMS.
6 S 2. The penal law is amended by adding a new section 265.50 to read
7 as follows:
8 S 265.50 TRANSPORTATION OF RIFLES OR SHOTGUNS; MANIFEST AND REPORTING
9 REQUIRED.
10 EVERY PERSON TRANSPORTING RIFLES OR SHOTGUNS AS MERCHANDISE INTO OR
11 WITHIN ANY JURISDICTION IN THIS STATE WHICH REQUIRES A PERMIT OR LICENSE
12 TO PURCHASE, CARRY OR POSSESS A RIFLE OR SHOTGUN:
13 1. SHALL NOT ACCEPT FOR SUCH TRANSPORT ANY RIFLES OR SHOTGUNS AS
14 MERCHANDISE WHERE HE OR SHE KNOWS OR HAS REASONABLE MEANS OF ASCERTAIN-
15 ING WHAT HE OR SHE IS TRANSPORTING, UNLESS HE OR SHE CARRIES IN HIS OR
16 HER POSSESSION A MANIFEST WHICH CLEARLY AND CONSPICUOUSLY SHOWS THE NAME
17 AND ADDRESS OF THE SHIPPER, THE SHIPPING NUMBER, MAKE, MODEL AND
18 MANUFACTURER'S NAME OF EACH RIFLE OR SHOTGUN, THE SERIAL NUMBER FOR EACH
19 RIFLE OR SHOTGUN SOLD OR EXCHANGED ON THE INTERNET AND INFORMATION IDEN-
20 TIFYING THE INTERNET WEBSITE OF THE SELLER OF SUCH RIFLE OR SHOTGUN, AND
21 THE NAME AND ADDRESS OF THE CONSIGNEE AND THE PLACE OF DELIVERY, AND HE
22 OR SHE NOTIFIES IN WRITING THE POLICE COMMISSIONER, POLICE CHIEF OR
23 OTHER LAW ENFORCEMENT OFFICER PERFORMING SUCH FUNCTIONS AT THE PLACE OF
24 DELIVERY AND THE SUPERINTENDENT OF STATE POLICE, OF THE NAME AND ADDRESS
25 OF THE SHIPPER AND CONSIGNEE, THE PLACE OF DELIVERY, THE SHIPPING
26 NUMBER, MAKE, MODEL AND MANUFACTURER'S NAME OF EACH RIFLE OR SHOTGUN,
27 THE SERIAL NUMBER FOR EACH RIFLE OR SHOTGUN SOLD OR EXCHANGED ON THE
28 INTERNET AND INFORMATION IDENTIFYING THE INTERNET WEBSITE OF THE SELLER
29 OF SUCH RIFLE OR SHOTGUN;
30 2. SHALL WITHHOLD DELIVERY TO THE CONSIGNEE FOR SUCH REASONABLE PERIOD
31 OF TIME DESIGNATED IN WRITING BY SUCH POLICE COMMISSIONER, POLICE CHIEF
32 OR OTHER LAW ENFORCEMENT OFFICER AND THE SUPERINTENDENT OF STATE POLICE
33 AS SUCH OFFICIAL MAY DEEM NECESSARY FOR INVESTIGATION AS TO WHETHER THE
34 CONSIGNEE MAY LAWFULLY RECEIVE AND POSSESS SUCH RIFLES OR SHOTGUNS; AND
35 3. SHALL PRODUCE SUCH MANIFEST FOR INSPECTION AT THE REQUEST OF A
36 PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, A POLICE
37 OFFICER OR ANY OTHER PERSON AUTHORIZED BY LAW TO INQUIRE INTO OR INVES-
38 TIGATE THE TRANSPORTATION OF RIFLES OR SHOTGUNS.
39 A KNOWING VIOLATION OF THIS SECTION IS A CLASS E FELONY.
40 S 3. Section 265.00 of the penal law is amended by adding a new subdi-
41 vision 26 to read as follows:
42 26. "INTERNET" MEANS THE COMBINATION OF COMPUTER FACILITIES AND ELEC-
43 TROMAGNETIC TRANSMISSION MEDIA, AND RELATED EQUIPMENT AND SOFTWARE,
44 COMPRISING THE INTERCONNECTED WORLDWIDE NETWORK OF COMPUTER NETWORKS
45 THAT EMPLOY THE TRANSMISSION CONTROL PROTOCOL/INTERNET PROTOCOL OR ANY
46 SUCCESSOR PROTOCOL TO TRANSMIT INFORMATION.
47 S 4. This act shall take effect on the first of November next succeed-
48 ing the date on which it shall have become a law.