S T A T E   O F   N E W   Y O R K
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                                  3373

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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 authorizing  the  transfer
  of  certain  weapons  from  an  estate  to  an immediate member of the
  decedent's family

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

  Section  1.  Paragraph  (g) of subdivision 22 of section 265.00 of the
penal law is amended by adding a  new  subparagraph  (vii)  to  read  as
follows:
  (VII)  ANY WEAPON LEGALLY POSSESSED AND VALIDLY REGISTERED PURSUANT TO
SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS CHAPTER  PRIOR  TO  SUCH
PERSON'S  DEATH AND BEQUEATHED OR PASSED THROUGH INTESTACY TO AN IMMEDI-
ATE FAMILY MEMBER OF THE DECEASED. SUCH WEAPONS SHALL BE SUBJECT TO  THE
PROVISIONS  OF  PARAGRAPH  (H) OF THIS SUBDIVISION. FOR PURPOSES OF THIS
SUBPARAGRAPH, THE MEANING OF IMMEDIATE FAMILY MEMBER IS  AS  DEFINED  BY
SUBDIVISION  ONE  OF  SECTION  EIGHT HUNDRED NINETY-EIGHT OF THE GENERAL
BUSINESS LAW;
  S 2. Paragraph (h) of subdivision 22 of section 265.00  of  the  penal
law,  as  added  by chapter 1 of the laws of 2013, is amended to read as
follows:
  (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
and any large  capacity  ammunition  feeding  device  that  was  legally
possessed  by an individual prior to the enactment of the chapter of the
laws of two thousand thirteen which added this paragraph,  may  only  be
sold  to,  exchanged  with  or  disposed of to a purchaser authorized to
possess such weapons or to an individual or entity outside of the  state
provided  that  any  such transfer to an individual or entity outside of
the state must be reported to the entity wherein the  weapon  is  regis-
tered  within  seventy-two  hours  of  such  transfer. An individual who
transfers any such weapon or large  capacity  ammunition  device  to  an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08753-01-5
              

S. 3373                             2

individual   inside  New  York  state  or  without  complying  with  the
provisions of this paragraph shall be guilty of a  class  A  misdemeanor
unless  such large capacity ammunition feeding device, the possession of
which  is  made illegal by the chapter of the laws of two thousand thir-
teen which added this paragraph, is transferred within one year  of  the
effective date of the chapter of the laws of two thousand thirteen which
added this paragraph.
  (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F)  OF  THIS  SUBDIVISION
THAT WAS LEGALLY POSSESSED AND VALIDLY REGISTERED BY AN INDIVIDUAL PRIOR
TO  HIS OR HER DEATH MAY BE TRANSFERRED BY THE ESTATE OF SUCH INDIVIDUAL
TO ONE OF HIS OR HER IMMEDIATE FAMILY  MEMBERS.  FOR  PURPOSES  OF  THIS
SUBPARAGRAPH,  THE  MEANING  OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
SUBDIVISION ONE OF SECTION EIGHT HUNDRED  NINETY-EIGHT  OF  THE  GENERAL
BUSINESS LAW.
  S 3. This act shall take effect immediately.