S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8443
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the executive law, in relation to enacting the New  York
   State Attorney General Firearms Enforcement act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York State Attorney General Firearms Enforcement act".
   §  2.  The executive law is amended by adding a new section 76 to read
 as follows:
   § 76. FIREARM ENFORCEMENT.  1.  FOR  PURPOSES  OF  THIS  SECTION,  THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "FIREARM"  HAS  THE  SAME  MEANING  AS THAT TERM IS DEFINED IN 18
 U.S.C.  921(A)(3), BUT SHALL NOT INCLUDE AN "ANTIQUE  FIREARM"  AS  THAT
 TERM IS DEFINED IN 18 U.S.C. 921(A)(16).
   (B)  "ILLEGAL FIREARM" MEANS ANY FIREARM THAT IS PROHIBITED FROM BEING
 POSSESSED OR SOLD IN THE STATE OF NEW YORK PURSUANT TO STATE OR  FEDERAL
 LAW.
   (C)  "INDIVIDUAL  SELLER  OF  FIREARMS"  MEANS ANY PERSON WHO SELLS OR
 TRANSFERS A FIREARM TO ANOTHER PERSON WITHOUT BEING A LICENSED  FIREARMS
 DEALER.
   (D)  "RAPID-FIRE  MODIFICATION  DEVICE"  MEANS ANY BUMP STOCK, TRIGGER
 CRANK, BINARY TRIGGER SYSTEM, BURST TRIGGER SYSTEM, OR ANY OTHER  DEVICE
 THAT  IS  DESIGNED  TO  ACCELERATE  THE RATE OF FIRE OF A SEMI-AUTOMATIC
 FIREARM, RIFLE OR SHOTGUN.
   (E) "RETAIL FIREARMS DEALER" MEANS ANY PERSON WHO IS LICENSED TO  SELL
 FIREARMS AT RETAIL.
   2. THE ATTORNEY GENERAL SHALL HAVE THE POWER AND DUTY TO:
   (A)  INVESTIGATE  AND  PROSECUTE  ANY INDIVIDUAL SELLER OF FIREARMS OR
 RETAIL FIREARMS DEALER WHO KNOWINGLY SELLS AN ILLEGAL FIREARM OR  RAPID-
 FIRE MODIFICATION DEVICE TO A RESIDENT OF THE STATE OF NEW YORK OR TO AN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13571-02-3
              

 A. 8443                             2
 
 INDIVIDUAL  WHO PURCHASES A FIREARM OR RAPID-FIRE MODIFICATION DEVICE ON
 BEHALF OF A NEW YORK STATE RESIDENT OR WHO KNOWINGLY SELLS A FIREARM  OR
 RAPID-FIRE MODIFICATION DEVICE TO A RESIDENT OF THE STATE OF NEW YORK OR
 TO  AN  INDIVIDUAL  WHO  PURCHASES  A FIREARM OR RAPID-FIRE MODIFICATION
 DEVICE ON BEHALF OF A NEW YORK STATE RESIDENT WITHOUT CONTACTING THE NEW
 YORK STATE POLICE FOR AUTHORIZATION  PURSUANT  TO  SECTION  TWO  HUNDRED
 TWENTY-EIGHT OF THIS CHAPTER AND ANY OTHER LAW, RULE OR REGULATION.
   (B) SEEK AND OBTAIN INJUNCTIVE RELIEF TO PREVENT ANY INDIVIDUAL SELLER
 OF  FIREARMS OR RETAIL FIREARMS DEALER FROM KNOWINGLY SELLING AN ILLEGAL
 FIREARM OR RAPID-FIRE MODIFICATION DEVICE TO A RESIDENT OF THE STATE  OF
 NEW  YORK  OR  TO  AN  INDIVIDUAL  WHO PURCHASES A FIREARM OR RAPID-FIRE
 MODIFICATION DEVICE ON BEHALF OF A NEW YORK STATE RESIDENT OR TO PREVENT
 ANY INDIVIDUAL SELLER OF FIREARMS OR RETAIL FIREARMS DEALER  FROM  KNOW-
 INGLY  SELLING A FIREARM OR RAPID-FIRE MODIFICATION DEVICE TO A RESIDENT
 OF THE STATE OF NEW YORK OR TO AN INDIVIDUAL WHO PURCHASES A FIREARM  OR
 RAPID-FIRE  MODIFICATION  DEVICE  ON BEHALF OF A NEW YORK STATE RESIDENT
 WITHOUT CONTACTING THE NEW YORK STATE POLICE FOR AUTHORIZATION  PURSUANT
 TO  SECTION  TWO HUNDRED TWENTY-EIGHT OF THIS CHAPTER AND ANY OTHER LAW,
 RULE OR REGULATION.
   (C) INVESTIGATE AND PROSECUTE ANY INDIVIDUAL  SELLER  OF  FIREARMS  OR
 RETAIL  FIREARMS DEALER SHOULD THEY KNOWINGLY SELL AMMUNITION TO A RESI-
 DENT OF THE STATE OF NEW YORK OR TO AN INDIVIDUAL WHO PURCHASES  AMMUNI-
 TION  ON  BEHALF OF A NEW YORK STATE RESIDENT WITHOUT CONTACTING THE NEW
 YORK STATE POLICE FOR AUTHORIZATION  PURSUANT  TO  SECTION  TWO  HUNDRED
 TWENTY-EIGHT OF THIS CHAPTER AND ANY OTHER LAW, RULE OR REGULATION.
   (D) SEEK AND OBTAIN INJUNCTIVE RELIEF TO PREVENT ANY INDIVIDUAL SELLER
 OF  FIREARMS OR RETAIL FIREARMS DEALER FROM KNOWINGLY SELLING AMMUNITION
 TO A RESIDENT OF THE STATE OF NEW YORK OR TO AN INDIVIDUAL WHO PURCHASES
 AMMUNITION ON BEHALF OF A NEW YORK STATE RESIDENT WITHOUT CONTACTING THE
 NEW YORK STATE POLICE FOR AUTHORIZATION PURSUANT TO SECTION TWO  HUNDRED
 TWENTY-EIGHT OF THIS CHAPTER AND ANY OTHER LAW, RULE OR REGULATION.
   3. THE ATTORNEY GENERAL SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
 OF  THIS  SECTION  BY  BRINGING  CIVIL AND CRIMINAL ACTIONS IN THE STATE
 COURTS OF NEW YORK.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.