NY State Senate Bill 2015-S2900

Senate Bill S2900

2015-2016 Legislative Session

Authorizes the possession of a handgun being sold by a dealer in firearms upon the premises of such dealer

download bill text pdf

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jun 25, 2015	committed to rules
May 04, 2015	advanced to third reading
Apr 29, 2015	2nd report cal.
Apr 28, 2015	1st report cal.469
Jan 30, 2015	referred to codes

Votes

- Apr 28, 2015 - Codes Committee Vote
  S2900
  
  11
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Apr 28, 2015
      
      aye (11)
      
      Boyle
      
      DeFrancisco
      
      Flanagan
      
      Gallivan
      
      Golden
      
      Griffo
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Panepinto
      
      Savino
      
      nay (3)
      
      Espaillat
      
      Hamilton
      
      Squadron
      
      aye wr (2)
      
      Krueger
      
      Perkins

co-Sponsors

2015-S2900 (ACTIVE) - Details

See Assembly Version of this Bill:: A10417
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6536
2017-2018: S4728, A4651

2015-S2900 (ACTIVE) - Summary

Authorizes the possession of a handgun being sold by a dealer in firearms upon the premises of such dealer.

2015-S2900 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2900

TITLE OF BILL:

An act to amend the penal law, in relation to possession of pistols
and revolvers being offered for sale upon the premises of a dealer in
firearms

PURPOSE:

Authorizes the holding of an unloaded pistol or revolver being offered
for sale upon the premises of a dealer in firearms by persons without
a NYS Pistol license.

SUMMARY OF PROVISIONS:

Section 1: Amends Section 265.20 of the penal law by adding a new
subdivision f authorizing persons 21 years of age or older, or
eighteen years of age or older having been honorable discharged from
the US military, to possess an unloaded pistol or revolver being
offered for sale upon the premises of a dealer in firearms.

Section 2: Effective Date

EXISTING LAW:

Under current law it is a felony for someone to hold a handgun without
a valid NYS Pistol license.

JUSTIFICATION:

This legislation would allow a prospective gun buyer, in a licensed
firearm dealership, to handle an unloaded firearm without a pistol
permit.

Under current law, a first time gun buyer cannot hold or even touch
the gun they plan on purchasing, even though they are required to
choose a gun before they get their pistol permit. Current law, then,
essentially forces individuals to buy and get permitted for a firearm
they've never even touched or held. The law is therefore unworkable
since it ignores the fact that individuals have different size hands,
firearm preferences, and that guns come in many different sizes,
weights, and shapes.

This legislation would correct this problem by allowing individuals in
licensed firearm dealerships to handle an unloaded firearm without a
pistol permit. In recognition of New York's stringent gun control
laws, this legislation would require that the gun be unloaded and that
a prospective gun buyer be 21 years of age or older (or eighteen years
of age or older with an honorable discharge from the U.S.  Military)
and hand the seller a proper form of identification.

LEGISLATIVE HISTORY:

2014-S.6536-Referred to Codes

FISCAL IMPLICATIONS:


None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

2015-S2900 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2900

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sen.  LARKIN -- 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 possession of pistols  and
  revolvers  being  offered  for  sale  upon the premises of a dealer in
  firearms

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

  Section  1. Section 265.20 of the penal law is amended by adding a new
subdivision f to read as follows:
  F. 1. EXCEPT IN CITIES NOT WHOLLY CONTAINED  WITHIN  A  SINGLE  COUNTY
SUBDIVISION  ONE  OF  SECTION  265.01  AND  SUBDIVISION  ONE  OF SECTION
265.01-B OF THIS ARTICLE  SHALL  NOT  APPLY  TO  THE  POSSESSION  OF  AN
UNLOADED  PISTOL  OR  REVOLVER UPON THE PREMISES OF A DEALER IN FIREARMS
WHO IS LAWFULLY ENGAGED IN THE SALE OR OFFERING FOR SALE OF SUCH  PISTOL
OR REVOLVER BY A PERSON WHO IS:
  (A)  TWENTY-ONE  YEARS  OF  AGE OR OLDER, AND NOT OTHERWISE PROHIBITED
FROM POSSESSING A FIREARM; OR
  (B) EIGHTEEN YEARS OF AGE OR OLDER HAVING  BEEN  HONORABLY  DISCHARGED
FROM  THE  UNITED  STATES  ARMY,  NAVY, MARINE CORPS, AIR FORCE OR COAST
GUARD, OR FROM ACTIVE SERVICE IN A FORCE OF THE ORGANIZED MILITIA OF THE
STATE, AS DEFINED IN SECTION ONE OF THE MILITARY LAW, AS  EVINCED  BY  A
DD-214 OR OTHER SIMILAR PROOF OF MILITARY SERVICE.
  2.  POSSESSION OF AN UNLOADED PISTOL OR REVOLVER SHALL ONLY BE GRANTED
BY A DEALER IN FIREARMS, OR HIS OR HER AGENT, UPON PRESENTATION OF SUIT-
ABLE PHOTOGRAPH IDENTIFICATION AND PROOF OF AGE. THE DEALER  OR  HIS  OR
HER AGENT SHALL MAINTAIN CUSTODY OF SUCH IDENTIFICATION AND PROOF OF AGE
WHILE  THE PERSON, WHO IS NOT AUTHORIZED TO POSSESS A PISTOL OR REVOLVER
PURSUANT TO SUBDIVISION  A  OF  THIS  SECTION,  HAS  POSSESSION  OF  THE
UNLOADED PISTOL OR REVOLVER UPON THE DEALER'S PREMISES.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04726-01-5

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Senate Bill S2900

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Sponsored By

William Larkin