S T A T E   O F   N E W   Y O R K
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                                 3186--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on  Codes  -- recommitted to the Committee on Codes in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the penal law, in relation to the unlawful procurement
  of a firearm

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The penal law is amended by adding a new section 265.50 to
read as follows:
S 265.50 UNLAWFUL PROCUREMENT OF A FIREARM.
  A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF A FIREARM WHEN:
  1.  HE  OR  SHE PURCHASES OR TAKES POSSESSION OF MORE THAN ONE FIREARM
FROM ANY DEALER IN FIREARMS DURING ANY THIRTY DAY PERIOD; OR
  2. BEING A DEALER IN FIREARMS, HE OR SHE SELLS OR TRANSFERS A  FIREARM
TO  ANY PERSON WHO HAS PURCHASED OR TAKEN POSSESSION OF A FIREARM DURING
THE PREVIOUS THIRTY DAYS.
  UNLAWFUL PROCUREMENT OF A FIREARM IS A CLASS A MISDEMEANOR.
  S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision f to read as follows:
  F. SECTION 265.50 OF THIS ARTICLE SHALL NOT APPLY TO:
  1. ANY LAW ENFORCEMENT OR CORRECTIONS AGENCY, OR POLICE OR CORRECTIONS
OFFICER ACTING WITHIN THE COURSE AND SCOPE OF HIS OR HER  EMPLOYMENT  OR
OFFICIAL DUTIES;
  2.  A  UNITED STATES MARSHAL, MEMBER OF THE ARMED FORCES OF THE UNITED
STATES OR THE NATIONAL GUARD, OR A FEDERAL OFFICIAL, WHO IS REQUIRED  TO
POSSESS A FIREARM IN THE OPERATION OF HIS OR HER OFFICIAL DUTIES;
  3.  LICENSED  FIREARMS  MANUFACTURERS,  IMPORTERS  OR  DEALERS,  WHILE
ENGAGED IN THE COURSE  AND  SCOPE  OF  THEIR  ACTIVITIES  AS  LICENSEES,
PROVIDED THAT THE TRANSFERS ARE BETWEEN LICENSEES AND ALL SUCH LICENSEES
ARE PROPERLY LICENSED UNDER FEDERAL, STATE AND LOCAL LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01836-03-4
              

A. 3186--A                          2

  4. A GUNSMITH ACQUIRING FIREARMS SOLELY FOR THE PURPOSES OF SERVICE OR
REPAIR, OR THE LAWFUL OWNER OF THE FIREARMS RETRIEVING THE FIREARMS BACK
FROM SUCH A GUNSMITH;
  5. A COMMON CARRIER, WAREHOUSEMAN OR OTHER PERSON ENGAGED IN THE BUSI-
NESS OF TRANSPORTING OR STORING GOODS, TO THE EXTENT THAT THE POSSESSION
OR RECEIPT OF ANY FIREARM IS IN THE ORDINARY COURSE OF BUSINESS, AND NOT
FOR THE PERSONAL USE OF ANY SUCH PERSON;
  6.  A  PERSON ACQUIRING FIREARMS BY OPERATION OF LAW UPON THE DEATH OF
THE FORMER OWNER OF THE FIREARMS; OR
  7. A PERSON WHOSE FIREARM WAS STOLEN OR  IRRETRIEVABLY  LOST  AND  WHO
CONSIDERS IT ESSENTIAL THAT THE FIREARM BE REPLACED IMMEDIATELY, IF:
  (A)  THE  PERSON  PROVIDES  THE SELLER OR TRANSFEROR WITH A COPY OF AN
OFFICIAL POLICE REPORT DESCRIBING THE LOSS OR THEFT OF THE FIREARM.  THE
OFFICIAL  POLICE REPORT MUST CONTAIN THE NAME AND ADDRESS OF THE FIREARM
OWNER, A DESCRIPTION OF THE FIREARM, THE LOCATION OF THE LOSS OR  THEFT,
THE  DATE  OF  THE  LOSS  OR  THEFT,  AND THE DATE THE LOSS OR THEFT WAS
REPORTED TO THE LAW ENFORCEMENT AGENCY; AND
  (B) THE LOSS OR THEFT OCCURRED WITHIN  THIRTY  DAYS  OF  THE  PERSON'S
ATTEMPT  TO  REPLACE  THE  FIREARM,  AS REFLECTED BY THE DATE OF LOSS OR
THEFT ON THE OFFICIAL POLICE REPORT.
  S 3. The penal law is amended by adding a new section 400.15  to  read
as follows:
S 400.15 DUTIES OF DEALERS IN FIREARMS.
  1. EACH DEALER IN FIREARMS SHALL PRIOR TO THE SALE OF ANY FIREARM TO A
PERSON REQUEST APPROVAL OF SUCH SALE TO SUCH PERSON FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  2.  UPON  RECEIPT  OF THE APPROVAL OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES OF A SALE OF A FIREARM, THE DEALER IN FIREARMS SHALL RECORD AND
REPORT SUCH SALE TO THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  WITHIN
TWENTY-FOUR HOURS.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.