S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5092
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A. BLANKENBUSH, HAWLEY, CROUCH, GIGLIO, BARCLAY,
   McDONOUGH -- 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;
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09156-01-9

 A. 5092                             2
 
 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.
   § 3. This act shall take effect immediately.