Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 28, 2022 |
referred to codes |
Assembly Bill A9635
2021-2022 Legislative Session
Sponsored By
WALCZYK
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
2021-A9635 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §400.00, Pen L
- Versions Introduced in 2023-2024 Legislative Session:
-
A5139
2021-A9635 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9635 I N A S S E M B L Y March 28, 2022 ___________ Introduced by M. of A. WALCZYK -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to expenses borne by counties outside of the city of New York for the issuance and maintenance of record books utilized by authorized gunsmiths in the sale and disposi- tion of firearms in the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and declaration. As part of New York's firearms licensing law, section 400.00 of the penal law requires gunsmiths and licensed firearms dealers to maintain a record of all transactions involving firearms. These requirements are contained in subdivision 12 of section 400.00 of the penal law. In order to buy a firearm the purchaser must produce a license authorizing possession of the weapon or show authorization to carry the weapon by virtue of their peace officer or police officer status. Within ten days of sale, section 400.00 of the penal law requires the seller to send a "transaction report" to the Division of State Police. An original of the report is retained in a record book to be kept on premises while the statute is silent as to who is responsible for distributing the record books to the firearms dealers, subdivision 13 of section 400.00 of the penal law has been interpreted since 1987 as requiring County governments outside of the City of New York, and the City of New York within the City, as financially responsible for the expenses related to and the management of the issuance of, the record books referenced in subdivision 12 of section 400.00 of the penal law. Since the emergence of on-line retail sales of firearms, the demand for, and cost of, firearms record books has grown as an unfunded mandate on counties related solely to an activ- ity associated with the State Police of New York. As such, this amend- ment seeks to modify the law to require the expense associated with these record books be borne by the State of New York as incidental to the functions required to be performed by the New York State Police. § 2. Subdivision 13 of section 400.00 of the penal law is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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