NY State Senate Bill 2019-S2449

Senate Bill S2449

Signed By Governor

2019-2020 Legislative Session

Establishes the municipal gun buyback program and municipal gun buyback program fund

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2019	signed chap.139
Jul 30, 2019	delivered to governor
Jan 29, 2019	returned to senate passed assembly ordered to third reading rules cal.22 substituted for a2685 referred to ways and means delivered to assembly passed senate
Jan 28, 2019	ordered to third reading cal.93 reported and committed to rules
Jan 24, 2019	referred to codes

Votes

- Jan 29, 2019 - Floor Vote
  S2449
  
  50
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 29, 2019
      
      aye (50)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (13)
      
      Amedore
      
      Antonacci
      
      Gallivan
      
      Helming
      
      Jordan
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Seward
      
      Tedisco
      
      Young
  Jan 28, 2019 - Rules Committee Vote
  S2449
  
  14
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 28, 2019
      
      aye (14)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Stewart-Cousins
      
      nay (3)
      
      Flanagan
      
      Little
      
      Seward
      
      aye wr (2)
      
      Griffo
      
      LaValle
  Jan 29, 2019 - Codes Committee Vote
  S2449
  
  9
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 29, 2019
      
      aye (9)
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Gounardes
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Myrie
      
      nay (1)
      
      Gallivan
      
      aye wr (3)
      
      Boyle
      
      Lanza
      
      O'Mara

co-Sponsors

View additional co-sponsors

2019-S2449 (ACTIVE) - Details

See Assembly Version of this Bill:: A2685
Law Section:: Executive Law
Laws Affected:: Add §233, Exec L; add §97-cc, St Fin L

2019-S2449 (ACTIVE) - Summary

Establishes the municipal gun buyback program by the division of state police for the voluntary return of guns; establishes the municipal gun buyback program fund to fund the program.

2019-S2449 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2449

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the
municipal gun buyback program; and to amend the state finance law, in
relation to the municipal gun buyback program fund

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill directs the Division of State Police, in conjunction with the
Department of State, to provide a statewide standard of for the safe
removal of illegal, unsecured, abandoned, or unwanted firearms.  These
rules and regulations would replicate those programs that have been
successfully implemented around the state.

 
SUMMARY OF PROVISIONS:

Section one amends the executive law by adding a new section 233.

Section two amends the state finance law by adding a new section 97-cc.
Section three sets forth the effective date.

 
JUSTIFICATION:

Around the country, local communities in conjunction with their police
departments have taken action to reduce the Proliferation of guns in our
neighborhoods. In light of the recent events in Newton, CT., New York
State has led the way in tightening access to assault weapons and ille-
gal firearms.

Across the state, many organizations are hosting "gun buyback" programs
to get rid of unwanted or illegal guns. While the popularity of these
programs continues to grow, they do not occur everywhere and lack
consistent standards. It is important that the State set minimum stand-
ards to ensure that these programs accomplish their stated goals of
reducing the proliferation of guns in our neighborhood and require that
these programs take place in every county in the state.

This legislation would create sound guidelines and establish statewide
regulations aimed at strengthening existing gun buyback programs and
create new programs to ensure easy accessibility to the public, and that
best practices are being followed by all localities.

 
PRIOR LEGISLATIVE HISTORY:

2015-16: A.1315 Referred to Codes
2013-14:  A.6650 - Referred to Codes
2018: S8439

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This bill shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made and completed
on or before such effective date.

2019-S2449 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2449                                                  A. 2685
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sens.  MAYER,  STEWART-COUSINS, ADDABBO,
   BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
   GIANARIS, GOUNARDES, HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN,
   KAVANAGH,  KRUEGER,  LIU,  MONTGOMERY,  MYRIE, PARKER, PERSAUD, RAMOS,
   SALAZAR, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 IN  ASSEMBLY  --  Introduced  by M. of A. L. ROSENTHAL, HEASTIE, LENTOL,
   PEOPLES-STOKES, GOTTFRIED, ABINANTI, JAFFEE,  WEPRIN,  CRUZ,  FRONTUS,
   GRIFFIN,  JACOBSON, PICHARDO, REYES, SAYEGH, STECK, STERN -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   municipal  gun buyback program; and to amend the state finance law, in
   relation to the municipal gun buyback program fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 233 to
 read as follows:
   §  233.  MUNICIPAL GUN BUYBACK PROGRAM. 1. THERE IS HEREBY ESTABLISHED
 WITHIN THE DIVISION OF THE STATE POLICE A MUNICIPAL GUN BUYBACK PROGRAM.
 AGENCIES APPROVED BY  THE  SUPERINTENDENT  MAY  PARTICIPATE  SUBJECT  TO
 AVAILABLE  APPROPRIATIONS  AND  FUNDS  IN THE MUNICIPAL GUN BUYBACK FUND
 ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-CC  OF  THE  STATE  FINANCE
 LAW.
   2.  THE  DIVISION  OF  STATE POLICE SHALL ADMINISTER THE MUNICIPAL GUN
 BUYBACK PROGRAM AND PROMULGATE RULES AND REGULATIONS THE  SUPERINTENDENT
 DEEMS NECESSARY FOR THE IMPLEMENTATION OF SUCH PROGRAM. SUCH RULES SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 SA                                                         LBD08822-02-9

 S. 2449                             2                            A. 2685
 
   (A)  THE  MANNER  IN  WHICH AN AGENCY MAY APPLY FOR FUNDS TO SUPPORT A
 MUNICIPAL GUN BUYBACK PROGRAM AND THE MANNER IN WHICH SUCH FUNDS WILL BE
 ALLOCATED AND DISTRIBUTED;
   (B)  GUIDELINES FOR THE SAFE STORAGE AND DISPOSAL OF FIREARMS, RIFLES,
 SHOTGUNS, AND  AMMUNITION  RECEIVED  AS  PART  OF  THE  PROGRAM  IN  THE
 POSSESSION  OF  THE PARTICIPATING AGENCY, RETURN OF ANY RECOVERED STOLEN
 PROPERTY TO  ITS  RIGHTFUL  OWNER  AS  APPROPRIATE,  AND  RETENTION  FOR
 EVIDENCE  OF  ANY FIREARM, RIFLE, OR SHOTGUN SUSPECTED TO HAVE BEEN USED
 IN A CRIME;
   (C) GUIDELINES FOR AN AGENCY PARTICIPATING IN THE PROGRAM  TO  COORDI-
 NATE WITH COMMUNITY GROUPS WITHIN ITS JURISDICTION; AND
   (D)  GUIDELINES FOR ALLOWING INDIVIDUALS TO SURRENDER FIREARMS, RIFLES
 AND SHOTGUNS AND ELIGIBILITY FOR MONETARY REWARDS.
   3. THE PROVISIONS OF SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVISION
 A OF SECTION 265.20 OF THE PENAL LAW SHALL APPLY TO ANY PERSON VOLUNTAR-
 ILY SURRENDERING A FIREARM, RIFLE OR SHOTGUN PURSUANT TO THIS SECTION.
   4.  ANY  AGENCY  SHALL  BE AUTHORIZED TO DEVELOP AND IMPLEMENT ITS OWN
 MUNICIPAL GUN BUYBACK PROGRAM PROVIDED IT IS OTHERWISE PERMITTED BY  LAW
 AND CONFORMS TO THE RULES AND REGULATIONS PROMULGATED BY THE SUPERINTEN-
 DENT AND OUTLINED IN SUBDIVISION TWO OF THIS SECTION.
   5.  FOR  PURPOSES  OF  THIS SECTION "AGENCY" MEANS THE POLICE FORCE OR
 DEPARTMENT OF ANY COUNTY, CITY, TOWN, OR VILLAGE OR A COUNTY SHERIFF.
   § 2. The state finance law is amended by adding a new section 97-cc to
 read as follows:
   § 97-CC. MUNICIPAL GUN BUYBACK PROGRAM FUND. 1. THERE IS HEREBY ESTAB-
 LISHED, IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER  OF
 TAXATION  AND  FINANCE  A  FUND TO BE KNOWN AS THE MUNICIPAL GUN BUYBACK
 PROGRAM FUND.
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE  PURPOSE
 OF  SUCH FUND, ALL OTHER MONEYS REQUIRED TO BE PAID INTO, TRANSFERRED OR
 CREDITED TO SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO
 IT.
   3. MONEYS OF THE MUNICIPAL GUN BUYBACK PROGRAM FUND  SHALL  BE  SOLELY
 AVAILABLE,  FOLLOWING APPROPRIATION BY THE LEGISLATURE AND IN ACCORDANCE
 WITH LAW TO ASSIST AGENCIES, AS DEFINED IN SECTION TWO  HUNDRED  THIRTY-
 THREE OF THE EXECUTIVE LAW, TO OPERATE BUYBACK PROGRAMS ACCORDING TO THE
 RULES AND REGULATIONS OF THE SUPERINTENDENT OF THE STATE POLICE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.