NY State Senate Bill 2021-S3545

Senate Bill S3545

2021-2022 Legislative Session

Adds ammunition to the list of prohibited items to purchase or dispose of after certain convictions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 30, 2021	referred to codes

2021-S3545 (ACTIVE) - Details

See Assembly Version of this Bill:: A383
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.17, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7299, A8575
2023-2024: S1892, A659

2021-S3545 (ACTIVE) - Summary

Relates to adding ammunition to the list of prohibited items to purchase or dispose of after certain convictions.

2021-S3545 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3545

SPONSOR: STAVISKY
 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent "straw purchases" of ammunition.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 265.17 of the Penal Law to add
ammunition to the crime of criminal purchase or disposal of a weapon.  A
person would be guilty of the criminal purchase or disposal of ammuni-
tion when: knowing that they are legally prohibited from possessing
ammunition, such person purchases ammunition; or when knowing that it
would be unlawful for another person to possess ammunition, he or she
purchases ammunition for, on behalf of, or for the use of such other
person.

Section two provides the effective date.

 
JUSTIFICATION:

Currently, a person is guilty of the criminal purchase or disposal of a
weapon when knowing that it would be unlawful for another person to
possess a firearm, rifle or shotgun, he or she purchases a firearm,
rifle or shotgun for, on behalf of, or for the use of such other
person-known as a "straw purchase." This section also makes it illegal
for an individual to purchase a weapon when they know that they are
legally prohibited from possessing it.

Since New York law requires that an individual pass a background check
to purchase ammunition, this section of the Penal Law should be amended
to include ammunition in addition to firearms, rifles and shotguns.

In the recent mass shooting in Dayton, Ohio, a friend of the shooter
allegedly purchased the ammunition used. This highlights the need to
update our state's law to prevent ammunition from ending up in the wrong
hands.

 
PRIOR LEGISLATIVE HISTORY:

Introduced in a previous session.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediate

2021-S3545 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3545
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 adding ammunition  to  the
   list  of  prohibited  items  to  purchase  or dispose of after certain
   convictions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 265.17 of the penal law, as amended by chapter 1 of
 the laws of 2013, is amended to read as follows:
 § 265.17 Criminal purchase or disposal of a weapon OR AMMUNITION.
   A  person  is  guilty  of criminal purchase or disposal of a weapon OR
 AMMUNITION when:
   1. Knowing that he or she is  prohibited  by  law  from  possessing  a
 firearm, rifle [or], shotgun OR AMMUNITION because of a prior conviction
 or because of some other disability which would render him or her ineli-
 gible  to  lawfully possess a firearm, rifle [or], shotgun OR AMMUNITION
 in this state, such person purchases a firearm, rifle [or],  shotgun  OR
 AMMUNITION from another person; or
   2.  Knowing  that it would be unlawful for another person to possess a
 firearm, rifle [or], shotgun  OR  AMMUNITION,  he  or  she  purchases  a
 firearm, rifle [or], shotgun OR AMMUNITION for, on behalf of, or for the
 use of such other person; or
   3.  Knowing that another person is prohibited by law from possessing a
 firearm, rifle [or], shotgun OR AMMUNITION because of a prior conviction
 or because of some other disability which would render him or her ineli-
 gible to lawfully possess a firearm, rifle [or], shotgun  OR  AMMUNITION
 in  this  state,  a person disposes of a firearm, rifle [or], shotgun OR
 AMMUNITION to such other person.
   Criminal purchase or disposal of a weapon OR AMMUNITION is a  class  D
 felony.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02108-01-1

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