S T A T E   O F   N E W   Y O R K
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                                  3730

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. CORWIN, TENNEY, GOODELL, GIGLIO, STEC -- Multi-
  Sponsored by -- M. of A. BARCLAY -- read  once  and  referred  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04588-01-5
              

A. 3730                             2

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
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.