BILL NUMBER:  S4385

 TITLE OF BILL :  An act to amend the penal law, in relation to
creating the offense of operating as a major firearms trafficker

 PURPOSE OR GENERAL IDEA OF BILL :

To enhance criminal penalties for major firearm traffickers

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill establishes the new criminal offense of
operating as a major firearms trafficker, as an A-1 felony. A person
is guilty of this offense if such person unlawfully sells, exchanges,
gives or disposes of to another person at least twenty firearms within
a one year period. A person would also be guilty of this offense if
such person unlawfully possesses with intent to sell at least twenty
firearms.

Section 2 of the bill provides that this Act shall take effect
immediately.

 JUSTIFICATION :

On April 26, 2016, New York County District Attorney Cy Vance and NYPD
Commissioner Bill Bratton announced a major trafficking bust of six
              

criminal defendants who tried selling more than 80 firearms in 26
separate transactions. Under existing law, the highest criminal charge
facing these defendants is criminal sale of a firearm in the first
degree or criminal possession of a weapon in the first degree, both of
which are a class B felony. These felonies apply to sale or possession
with intent to sell at least 10 firearms.

This bill would elevate existing criminal penalties for firearm
traffickers from a class B felony to a class A-1 felony. To be charged
with operating as a major firearms trafficker, the defendant must be
selling or possessing with intent to sell at least 20 firearms.
Elevated penalties would ensure that these dangerous criminals who are
trafficking large quantities of firearms are put behind bars for
longer periods of time.

 PRIOR LEGISLATIVE HISTORY :

S.7470A (Klein) of 2016 - referred to Codes

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately