S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    837
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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
 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

 S. 837                              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.