S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3808
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M. of A. ABINANTI, GOTTFRIED, DINOWITZ, FERNANDEZ, McDO-
   NOUGH, PICHARDO, SAYEGH, COLTON, WILLIAMS, TAYLOR,  HYNDMAN,  GRIFFIN,
   DAVILA -- read once and referred to the Committee on Codes
 
 AN  ACT to amend the penal law, in relation to prohibiting the promotion
   or sale of a weapon on public property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 265.60 to
 read as follows:
 § 265.60 ILLEGAL PROMOTION OR SALE OF A WEAPON ON PUBLIC PROPERTY.
   A PERSON IS GUILTY OF ILLEGAL PROMOTION OR SALE OF A WEAPON ON  PUBLIC
 PROPERTY  WHEN HE OR SHE PROMOTES, SELLS, TRANSFERS, EXCHANGES, GIVES OR
 DISPOSES OF ANY WEAPON SITUATED UPON PROPERTY OWNED BY THE STATE OR  ANY
 POLITICAL SUBDIVISION THEREOF.
   ILLEGAL  PROMOTION OR SALE OF A WEAPON ON PUBLIC PROPERTY IS A CLASS A
 MISDEMEANOR.
   § 2. Subdivision 8 of section 400.00 of the penal law, as  amended  by
 chapter 189 of the laws of 2000, is amended to read as follows:
   8.  License:  exhibition  and display. Every licensee while carrying a
 pistol or revolver shall have on his or her person a  license  to  carry
 the  same.  Every  person  licensed  to  possess a pistol or revolver on
 particular premises shall have the license for the same  on  such  prem-
 ises.  Upon demand, the license shall be exhibited for inspection to any
 peace officer, who is acting pursuant to his or her special  duties,  or
 police  officer.  A  license  as gunsmith or dealer in firearms shall be
 prominently displayed on the licensed premises. A gunsmith or dealer  of
 firearms  may  conduct business temporarily at a location other than the
 location specified on the license if  such  temporary  location  is  the
 location  for  a  gun show or event sponsored by any national, state, or
 local organization, or any affiliate of any such organization devoted to
 the collection, competitive use  or  other  sporting  use  of  firearms,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00701-01-1

 A. 3808                             2
 
 PROVIDED THAT SUCH SHOW OR EVENT IS NOT LOCATED ON PROPERTY OWNED BY THE
 STATE  OR  ANY  POLITICAL SUBDIVISION THEREOF. Any sale or transfer at a
 gun show must also comply with the provisions of article  thirty-nine-DD
 of  the  general  business  law.  Records  of receipt and disposition of
 firearms transactions conducted at such temporary location shall include
 the location of the sale or other disposition and shall  be  entered  in
 the permanent records of the gunsmith or dealer of firearms and retained
 on  the location specified on the license. Nothing in this section shall
 authorize any licensee to conduct business from any motorized  or  towed
 vehicle. A separate fee shall not be required of a licensee with respect
 to  business  conducted under this subdivision.  Any inspection or exam-
 ination of inventory or records under this  section  at  such  temporary
 location shall be limited to inventory consisting of, or records related
 to,  firearms  held  or disposed at such temporary locations. Failure of
 any licensee to so exhibit or display his or her license,  as  the  case
 may  be,  shall  be  presumptive  evidence  that  he  or she is not duly
 licensed.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.