S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3563
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by Sens. GALLIVAN, AMEDORE, BONACIC, MARCHIONE -- 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;
   § 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

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

                                                            LBD00239-02-7

 S. 3563                             2
 
 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 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.
   § 3. This act shall take effect immediately.