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

                                  7137

                            I N  S E N A T E

                             March 31, 2016
                               ___________

Introduced  by  Sen. RITCHIE -- 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, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE;
  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 ONE
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
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 ONE of the laws of two thousand
thirteen which added this paragraph, is transferred within one  year  of

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

                                                           LBD04588-01-5

S. 7137                             2

the  effective  date  of  [the]  chapter ONE 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, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE.
  S 3. This act shall take effect immediately.