Senate Bill S2338

2023-2024 Legislative Session

Relates to firearms; repealer

download bill text pdf

Sponsored By

Current 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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2023-S2338 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §400.03, amd §§265.00, 400.00 & 400.02, Pen L; amd §§9.46, 7.09 & 13.09, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5837
2017-2018: S3958
2019-2020: S3930
2021-2022: S5338

2023-S2338 (ACTIVE) - Summary

Relates to firearms; authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family; relates to reports of substantial risk or threat of harm by mental health professionals.

2023-S2338 (ACTIVE) - Sponsor Memo

2023-S2338 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2338
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- 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 authorizing the transfer
   of certain weapons from an  estate  to  an  immediate  member  of  the
   decedent's  family;  to amend the penal law, in relation to the filing
   of approved applications for licenses to carry,  possess,  repair  and
   dispose  of  firearms; to amend the mental hygiene law, in relation to
   reports of substantial risk or threat of harm by mental health profes-
   sionals; to amend the penal law, in relation  to  licenses  to  carry,
   possess,  repair and dispose of firearms; and to repeal section 400.03
   of the penal law relating to sellers of ammunition
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 400.03 of the penal law is REPEALED.
   §  2.  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,  THE  MEANING  OF IMMEDIATE FAMILY MEMBER IS AS DEFINED BY
 SUBDIVISION ONE OF SECTION EIGHT HUNDRED  NINETY-EIGHT  OF  THE  GENERAL
 BUSINESS LAW;
   §  3.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06793-01-3
              

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