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

                                  8053

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee 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
              

A. 8053                             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.