S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1553
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. BLANKENBUSH, ANGELINO, BRABENEC, BYRNES, DeSTEFA-
   NO,  GOODELL,  HAWLEY,  McDONOUGH, MILLER, SMULLEN, TAGUE -- read once
   and referred 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, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE;
   § 2. Paragraph (h) of subdivision 22 of section 265.00  of  the  penal
 law,  as  amended by chapter 209 of the laws of 2022, is amended to read
 as follows:
   (h) (I) Any weapon defined in paragraph (e) or (f) of this subdivision
 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 seventy-two hours of such transfer. An individual
 who transfers any such weapon to an individual inside New York state  or
 without  complying with the provisions of this paragraph shall be guilty
 of a class A misdemeanor.
   (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS  PARA-
 GRAPH,  ANY  WEAPON  DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05036-01-3
              

 A. 1553                             2
 
 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, IMMEDIATE FAMILY MEMBER MEANS A CHILD OR SPOUSE.
   § 3. This act shall take effect immediately.