S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          66
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERALTA -- 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  or
         transfer  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  OR  TRANSFER  OF CERTAIN WEAPONS BETWEEN UNLICENSED
    4  PERSONS. 1. THE SALE OR OTHER TRANSFER OF RIFLES OR  SHOTGUNS,  AS  SUCH
    5  TERMS  ARE  DEFINED  IN  SECTION 265.00 OF THE PENAL LAW, BETWEEN TWO OR
    6  MORE UNLICENSED PERSONS SHALL BE CONDUCTED THROUGH A FEDERALLY  LICENSED
    7  FIREARMS DEALER AND SHALL COMPLY WITH APPLICABLE FEDERAL AND STATE LAWS.
    8  A  PERSON SHALL COMPLETE ANY SALE, LOAN, OR TRANSFER OF A RIFLE OR SHOT-
    9  GUN THROUGH A PERSON LICENSED PURSUANT TO SECTION 400.00  OF  THE  PENAL
   10  LAW  IN  ACCORDANCE  WITH  THIS SECTION. THE SELLER OR TRANSFEROR OR THE
   11  PERSON LOANING THE RIFLE OR SHOTGUN SHALL DELIVER THE RIFLE  OR  SHOTGUN
   12  TO  THE DEALER WHO SHALL RETAIN POSSESSION OF THAT RIFLE OR SHOTGUN. THE
   13  DEALER SHALL THEN DELIVER THE RIFLE  OR  SHOTGUN  TO  THE  PURCHASER  OR
   14  TRANSFEREE OR THE PERSON BEING LOANED THE RIFLE OR SHOTGUN, IF IT IS NOT
   15  PROHIBITED BY ANY PROVISION OF LAW. IF THE DEALER CANNOT LEGALLY DELIVER
   16  THE  RIFLE OR SHOTGUN TO THE PURCHASER OR TRANSFEREE OR THE PERSON BEING
   17  LOANED THE RIFLE OR SHOTGUN, THE DEALER SHALL FORTHWITH, WITHOUT WAITING
   18  FOR THE CONCLUSION OF ANY APPLICABLE WAITING PERIOD, RETURN THE RIFLE OR
   19  SHOTGUN TO THE TRANSFEROR OR SELLER OR THE PERSON LOANING THE  RIFLE  OR
   20  SHOTGUN.  THE DEALER SHALL NOT RETURN THE RIFLE OR SHOTGUN TO THE SELLER
   21  OR TRANSFEROR OR THE PERSON LOANING THE RIFLE OR SHOTGUN WHEN TO  DO  SO
   22  WOULD  CONSTITUTE  A  VIOLATION  OF  THE PENAL LAW. IF THE DEALER CANNOT
   23  LEGALLY RETURN THE RIFLE OR SHOTGUN TO THE TRANSFEROR OR SELLER  OR  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01081-01-3
       S. 66                               2
    1  PERSON  LOANING  THE  RIFLE  OR SHOTGUN, THEN THE DEALER SHALL FORTHWITH
    2  DELIVER THE RIFLE OR SHOTGUN TO THE SHERIFF OF THE COUNTY OR  THE  CHIEF
    3  OF  POLICE OR OTHER HEAD OF A MUNICIPAL POLICE DEPARTMENT OF ANY CITY OR
    4  CITY  AND  COUNTY  WHO  SHALL  THEN DISPOSE OF THE FIREARM IN THE MANNER
    5  PROVIDED BY SUCH MUNICIPALITY. THE FEDERALLY  LICENSED  FIREARMS  DEALER
    6  MAY  CHARGE  A TRANSFER FEE NOT TO EXCEED TEN DOLLARS. THIS SECTION DOES
    7  NOT APPLY TO THE SALE OR OTHER TRANSFER OF RIFLES OR SHOTGUNS IN ANY  OF
    8  THE FOLLOWING SITUATIONS:
    9    A.  THE PERSON TRANSFERRING THE RIFLE OR SHOTGUN OR THE PERSON ACQUIR-
   10  ING THE RIFLE OR SHOTGUN IS  A  LICENSED  FIREARMS  DEALER  PURSUANT  TO
   11  FEDERAL LAW.
   12    B.  THE  RIFLE  OR  SHOTGUN ACQUIRED IS AN ANTIQUE RIFLE OR SHOTGUN, A
   13  COLLECTOR'S ITEM, A DEVICE WHICH IS NOT DESIGNED OR REDESIGNED  FOR  USE
   14  AS  A  RIFLE  OR SHOTGUN, A DEVICE WHICH IS DESIGNED SOLELY FOR USE AS A
   15  SIGNALING, PYROTECHNIC, LINE-THROWING, SAFETY OR SIMILAR  DEVICE,  OR  A
   16  RIFLE  OR  SHOTGUN  WHICH  IS UNSERVICEABLE BY REASON OF BEING UNABLE TO
   17  DISCHARGE A SHOT BY MEANS OF AN EXPLOSIVE  AND  IS  INCAPABLE  OF  BEING
   18  READILY RESTORED TO A FIRING CONDITION.
   19    C. THE PERSON ACQUIRING THE RIFLE OR SHOTGUN IS AUTHORIZED TO DO SO ON
   20  BEHALF OF A LAW ENFORCEMENT AGENCY.
   21    2.  AN  UNLICENSED PERSON WHO SELLS OR TRANSFERS A SHOTGUN OR RIFLE TO
   22  ANOTHER UNLICENSED PERSON, OR AN UNLICENSED PERSON WHO ACQUIRES A  RIFLE
   23  OR  SHOTGUN FROM ANOTHER UNLICENSED PERSON, WITHOUT THE SALE OR TRANSFER
   24  CONDUCTED BY A FEDERALLY LICENSED FIREARMS DEALER, SHALL BE GUILTY OF  A
   25  CLASS A MISDEMEANOR PURSUANT TO SECTION 265.17 OF THE PENAL LAW.
   26    3.  A  PERSON  WHO  SELLS  OR  TRANSFERS A RIFLE OR SHOTGUN TO ANOTHER
   27  PERSON, WHO THE TRANSFEROR KNOWS OR HAS REASON  TO  KNOW  IS  PROHIBITED
   28  FROM POSSESSING FIREARMS, RIFLES OR SHOTGUNS UNDER FEDERAL OR STATE LAW,
   29  SHALL  BE  GUILTY OF A CLASS A MISDEMEANOR PURSUANT TO SECTION 265.17 OF
   30  THE PENAL LAW.
   31    S 2. This act shall take effect on the first of November next succeed-
   32  ing the date on which it shall have become a  law  and  shall  apply  to
   33  firearms sold or transferred on or after such date.