S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5396
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- 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;
   §  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.
              

                                                            LBD02850-01-9

 A. 5396                             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.
   § 3. This act shall take effect immediately.