Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
May 08, 2009 |
referred to codes |
Senate Bill S5466
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S5466 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7733
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§265.20 & 400.05, Pen L; amd §330.20, add §730.55, CP L; amd §§9.60 & 29.03, add §§9.36 & 15.36, Ment Hyg L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S670, A3081
2013-2014: S63
2009-S5466 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5466 TITLE OF BILL : An act to amend the penal law, the criminal procedure law, and the mental hygiene law, in relation to authorizing court to revoke the firearms license and seize weapons of certain individuals PURPOSE : The bill seeks to keep guns out of the hands of individuals that should not possess them. SUMMARY OF PROVISIONS : Section 1. Amends the penal law to clarify that a person surrendering or otherwise voluntarily delivering a weapon pursuant to law will not be subject to prosecution for illegal possession of a weapon. Section 2. Amends the penal law to provide that any weapon surrendered as required by a court or otherwise voluntarily delivered shall be redelivered within a year to a lawful licensee or be destroyed. Section 3. Amends the criminal procedure law to provide that a court shall, upon entry of a verdict or acceptance of a plea that a defendant is not responsible by reason of mental disease or defect, revoke the defendant's firearm license, if any, inquire about the
2009-S5466 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5466 2009-2010 Regular Sessions I N S E N A T E May 8, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law, and the mental hygiene law, in relation to authorizing court to revoke the firearms license and seize weapons of certain individuals THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (f) of paragraph 1 of subdivision a of section 265.20 of the penal law, as amended by chapter 578 of the laws of 2006, is amended to read as follows: (f) A person [voluntarily] surrendering OR OTHERWISE VOLUNTARILY DELIVERING such weapon, instrument, appliance or substance, provided that such surrender shall be made to the superintendent of the division of state police or a member thereof designated by such superintendent, or to the sheriff of the county in which such person resides, or in the county of Nassau or in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of Suffolk to the commissioner of police or a member of the police department thereof designated by such commissioner, or if such person resides in a city, town other than one named in this subparagraph, or village to the police commissioner or head of the police force or department thereof or to a member of the force or department designated by such commissioner or head; and provided, further, that the same shall be surrendered by such person in accordance with such terms and conditions as may be established by such superintendent, sheriff, police force or department. Nothing in this paragraph shall be construed as granting immunity from prosecution for any crime or offense except that of unlawful possession of such weapons, instruments, appliances or substances surrendered as herein provided. A person who possesses any such weapon, instrument, appliance or substance as an executor or administrator or any other lawful possessor of such property of a decedent may continue to possess such property for a peri- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10701-04-9
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