NY State Senate Bill 2021-S5872

Senate Bill S5872

2021-2022 Legislative Session

Relates to the exchange or transfer of firearms, rifles and shotguns pursuant to a decedent's will and/or probate order

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to consumer protection returned to senate died in assembly
Jun 08, 2021	referred to codes delivered to assembly passed senate
Jun 07, 2021	ordered to third reading cal.1553 committee discharged and committed to rules
Mar 19, 2021	referred to consumer protection

Votes

- Jun 8, 2021 - Floor Vote
  S5872
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2021
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Brisport
  Jun 7, 2021 - Rules Committee Vote
  S5872
  
  17
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2021
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (1)
      
      Griffo
      
      aye wr (3)
      
      O'Mara
      
      Ortt
      
      Ritchie

2021-S5872 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §898, Gen Bus L; amd §265.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5961
2023-2024: S5443

2021-S5872 (ACTIVE) - Summary

Authorizes the exchange or transfer of firearms, rifles and shotguns pursuant to a decedent's will and/or probate order; prohibits transfers of large capacity ammunition feeding devices.

2021-S5872 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5872

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the general business law and the penal law, in relation
to the exchange or transfer of firearms, rifles and shotguns pursuant to
a decedent's will and/or probate order

 
PURPOSE:  To allow the lawful exchange or transfer of firearms to
qualified individuals who are designated beneficiaries pursuant to will
and/or probate order.

 
SUMMARY OF PROVISIONS:

§ 1, expands the definition of person's qualified to take receipt and
possession of firearms pursuant to a will and/or probate order. This new
provision will allow any individual designated as a beneficiary by a
valid will and/or probate order and is qualified to possess a firearm
under the act as provided under Section 1, Subdivision 1 of section 898
of the general business law, as added by chapter 1 of the laws of 2013.

§ 2, allows for the permissible sale , exchange or disposal of any weap-
on defined in paragraph (e) or (f) of paragraph (h) of subdivision 22 of
section 265.00 of the penal law, as added by chapter 1 of the laws of
2013, to an individual that was previously qualified to legally possess
the weapon including the transferor's immediate family, who resides
within or without the state of New York and shall include transfers made
pursuant to a decedent's will and/or probate order.

 
EXISTING LAW:

General business law, Section 1, Subdivision 1 and penal law allows for
the transfer or exchange of firearms to "immediate family" members or
those persons holding federal firearms licenses.  Penal law section
265.00, para. (h) of subdivision 22, allows for the sale, transfer or
disposal of weapons to qualified individuals or entities outside of the
state.

 
JUSTIFICATION:

This act expands the definition of those individuals allowed to trans-
fer, sell or dispose of firearms to not only immediate family members,
but also individuals qualified to possess firearms pursuant to New York
law if they are identified as beneficiaries pursuant to will and/or
probate order. This limited expansion of the definition of qualified
individuals will allow for the expeditious transfer of estate property
that is firearms to qualified individuals pursuant to the testamentary
wishes of decedents.

 
LEGISLATIVE HISTORY:

2019 Session - new bill S.5961 - passed Senate

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2021-S5872 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5872
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law and the penal law, in  relation
   to  the exchange or transfer of firearms, rifles and shotguns pursuant
   to a decedent's will and/or probate order

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 898 of the general business law,
 as amended by chapter 129 of the laws of 2019, is  amended  to  read  as
 follows:
   1. In addition to any other requirements pursuant to state and federal
 law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
 shall be conducted in accordance with this  section  unless  such  sale,
 exchange  or  disposal  is  conducted  by  a licensed importer, licensed
 manufacturer or licensed dealer, as those terms are defined in 18 USC  §
 922,  when such sale, exchange or disposal is conducted pursuant to that
 person's federal firearms license or such sale, exchange or disposal  is
 between  members  of an immediate family OR SUCH EXCHANGE OR TRANSFER IS
 PURSUANT  TO  DECEDENT'S  WILL  AND/OR  PROBATE  ORDER,  DIRECTING  SUCH
 EXCHANGE OR TRANSFER TO A PERSON WHO QUALIFIES UNDER THIS SECTION.  When
 a sale, exchange or disposal is conducted pursuant to a person's federal
 firearms  license,  before delivering a firearm, rifle or shotgun to any
 person, either (a) the National Instant Criminal Background Check System
 (NICS) or its successor has issued a "proceed" response to  the  federal
 firearms  licensee, or (b) thirty calendar days shall have elapsed since
 the date the federal firearms licensee  contacted  NICS  to  initiate  a
 national instant criminal background check and NICS has not notified the
 federal  firearms  licensee  that  the transfer of the firearm, rifle or
 shotgun to such person should be denied. For purposes of  this  section,
 "immediate  family"  shall mean spouses, domestic partners, children and
 step-children.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10432-01-1

 S. 5872                             2
 
   § 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) 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 registered within seven-
 ty-two hours of  such  transfer.  SUCH  PERMISSIBLE  SALE,  EXCHANGE  OR
 DISPOSAL  OF ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVI-
 SION THAT WAS LEGALLY POSSESSED BY AN INDIVIDUAL PRIOR TO THE  ENACTMENT
 OF  CHAPTER  ONE  OF  THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS
 PARAGRAPH SHALL ALSO INCLUDE A  MEMBER  OF  THE  TRANSFEROR'S  IMMEDIATE
 FAMILY,  WHO RESIDES EITHER WITHIN OR OUTSIDE THE STATE OF NEW YORK, AND
 SHALL INCLUDE TRANSFERS  MADE  PURSUANT  TO  A  DECEDENT'S  WILL  AND/OR
 PROBATE ORDER, DIRECTING SUCH EXCHANGE OR TRANSFER TO A PERSON WHO QUAL-
 IFIES  UNDER THIS SECTION, WHETHER THAT PERSON RESIDES INSIDE OR OUTSIDE
 THE STATE OF NEW YORK. SUCH PERMISSIBLE SALE, EXCHANGE  OR  DISPOSAL  OF
 ANY  WEAPON  DEFINED  IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION, TO AN
 IMMEDIATE FAMILY MEMBER AS DEFINED IN SECTION EIGHT HUNDRED NINETY-EIGHT
 OF THE GENERAL BUSINESS LAW, AND SUCH PERMISSIBLE TRANSFERS MADE  PURSU-
 ANT  TO  A DECEDENT'S WILL AND/OR PROBATE ORDER, DIRECTING SUCH EXCHANGE
 OR TRANSFER TO A PERSON WHO QUALIFIES  UNDER  THIS  SECTION,  SHALL  NOT
 INCLUDE  TRANSFERS  OF  LARGE CAPACITY AMMUNITION FEEDING DEVICES AS THE
 EXPRESSION, 'LARGE CAPACITY AMMUNITION FEEDING  DEVICE'  IS  DEFINED  IN
 SUBDIVISION  TWENTY-THREE  OF  THIS SECTION. An individual who transfers
 any such weapon or large capacity ammunition  device  to  an  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 thirteen 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  para-
 graph.
   § 3. This act shall take effect immediately.

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