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A SITE FOCUSED ON ORANGE COUNTY WITH LOCAL
STATE GUN, FIREARM AND HANDGUN RULES AND LAWS. WITH LOCAL GUN STORES,
RANGES, PEOPLE, CLUBS, HUNTING AND SHOOTING RELATED EVENTS.
http://ocshooters.com OR http://ocshooters.com
I am not a lawyer and this is going to take me a while to figure out
but this will be my best guess as to what this all means. You will
have to check back to see how I am doing. If you see anything that
you disagree with please CLICK HERE
TO E-MAIL ME. Please CLICK
HERE TO read the Disclaimer on the first page.
9/27/00 CLICK HERE FOR NEW INFORMATION FROM DCJS STATE POLICE TO MAKE NEW RULES I sent the State Police an e-mail to find out when they will have their new rules ready and this is what they sent me. 8/15/00 The Rules presently being written by the State Police are due to be completed by October 1, 2000. These Rules pertain to gun dealers and manufacturers. Once written, they will be published in the NYCRR (New York Code of Rules and Regulations) and are available from the Secretary of State. The State Police may also post them, but this has not yet been determined. I will recontact you when I have more definite information. I am still working on this and some do think that it does ban defined AWs that you did not own on the 9/14/94 date as I was told this by a state Senator. I was told by the staff of an assembly member that the state police were planning to check the 4473s but I do not think that this is true at this time. Adding the "OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH" phrase could present the the biggest anti-gun loophole. We are all going to have to sit back and see what happens.
CLICK her to see: Citizens for a Safer Community v. City of Rochester court ruling. CLICK HERE TO LINK TO SEE PART OF THE SENATE FLOOR DEBATE ON THIS SECTION SECTION
26, Local governments can adopt stricter standards for TRIGGER LOCKS, AW
BAN & MIN. AGE
2. Maximum term of sentence. The maximum term of an indeterminate sentence shall be at least three years and the term shall be fixed as follows: (d) For a class D felony, the term shall be fixed by the court, and shall not exceed seven years; ... |
CLICK HER TO LINK TO COURT RULINGS TO SEE WHY
WE CAN NOT FIGHT THIS IN THE COURTS.
S. 8234 A. 11535
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted.
Section 1 incorporates the new additions of Section 11, (adds the (7) SUCH PERSON POSSESSES AN ASSAULT WEAPON; OR (8) SUCH PERSON POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE.), into plea bargain agreements. (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Section
220.10 of the criminal procedure law covers kinds of pleas.
Section 265.02 Criminal possession of a weapon in the third degree. |
1 Section 1. Subparagraph (iv)
of paragraph (d) of subdivision 5 of
2 section 220.10 of the criminal procedure law, as amended by chapter 33 3 of the laws of 1999, is amended to read as follows: P2 1 (iv) Where the indictment charges the class D violent felony offenses 2 of criminal possession of a weapon in the third degree as defined in 3 subdivision four of section 265.02 of the penal law and the provisions 4 of subparagraph (iii) of this paragraph do not apply, or subdivision 5 five, SEVEN OR EIGHT of section 265.02 of the penal law, then a plea of 6 guilty must include at least a plea of guilty to a class E violent felo- 7 ny offense. |
Section 2 incorporates the new additions of Section 11, (adds the (7) SUCH PERSON POSSESSES AN ASSAULT WEAPON; OR (8) SUCH PERSON POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE.), into plea bargain agreements. (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Section
220.30 Plea; plea of guilty to part of indictment;
plea covering other indictments.
Section 265.02 Criminal possession of a weapon in the third degree. |
8 S 2. Subparagraph (v)
of paragraph (b) of subdivision 3 of section
9 220.30 of the criminal procedure law, as amended by chapter 33 of the 10 laws of 1999, is amended to read as follows: 11 (v) A plea of guilty, whether to the entire indictment or part of the 12 indictment, for any crime other than a violent felony offense as defined 13 in section 70.02 of the penal law, may not be accepted on the condition 14 that it constitutes a complete disposition of one or more other indict- 15 ments against the defendant wherein is charged the class D violent felo- 16 ny offenses of criminal possession of a weapon in the third degree as 17 defined in subdivision four {or}, five, SEVEN OR EIGHT of section 265.02 18 of the penal law; provided, however, a plea of guilty, whether to the 19 entire indictment or part of the indictment, for the class A misdemeanor 20 of criminal possession of a weapon in the fourth degree as defined in 21 subdivision one of section 265.01 of the penal law may be accepted on 22 the condition that it constitutes a complete disposition of one or more 23 other indictments against the defendant wherein is charged the class D 24 violent felony offense of criminal possession of a weapon in the third 25 degree as defined in subdivision four of section 265.02 of the penal law 26 when the defendant has not been previously convicted of a class A misde- 27 meanor defined in the penal law in the five years preceding the commis- 28 sion of the offense. |
Adds a new section, 396-ee to the general
business law.
First part mandates that all FFLs sell a "GUN LOCKING DEVICE" with every rifle, shotgun or firearm, (handgun) or that the gun has the device as an INTEGRATED DESIGN FEATURE. It includes that the State Police will decide (!) what devices meet the new law. Second part mandates that a sign urging safe storage of guns and ammunition be posted. Third part provides: That the first conviction is a violation and, under Penal Law 70.15, (4). "Violation. A sentence of imprisonment for a violation shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed fifteen days."And that : Additional convictions are a CLASS A MISDEMEANOR, under Penal Law 70.15, (1). "Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year; provided, however, ..."(Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) (Section 26. Nothing in this act shall be construed to prohibit a municipality or other unit of local government from adopting or maintaining a stricter standard ... by local law or ordinance.) |
New section added to the general
business law.
Penal Law 70.15 |
29 S 3. The general business law is
amended by adding a new section 396-
30 ee to read as follows: 31 S 396-EE. SALE OF CERTAIN WEAPONS; LOCKING DEVICES THEREFOR. (1) NO 32 PERSON, FIRM OR CORPORATION ENGAGED IN THE RETAIL BUSINESS OF SELLING 33 RIFLES, SHOTGUNS OR FIREARMS, AS SUCH TERMS ARE DEFINED IN SECTION 34 265.00 OF THE PENAL LAW, SHALL SELL, DELIVER OR TRANSFER ANY SUCH RIFLE, 35 SHOTGUN OR FIREARM TO ANOTHER PERSON UNLESS THE TRANSFEREE IS PROVIDED 36 AT THE TIME OF SALE, DELIVERY OR TRANSFER WITH A GUN LOCKING DEVICE AND 37 A LABEL CONTAINING THE QUOTED LANGUAGE SPECIFIED IN SUBDIVISION TWO OF 38 THIS SECTION IS EITHER AFFIXED TO SUCH RIFLE, SHOTGUN OR FIREARM OR 39 PLACED IN THE CONTAINER IN WHICH SUCH RIFLE, SHOTGUN OR FIREARM IS SOLD, 40 DELIVERED OR TRANSFERRED. FOR THE PURPOSES OF THIS SECTION, THE TERM 41 "GUN LOCKING DEVICE" SHALL MEAN AN INTEGRATED DESIGN FEATURE OR AN 42 ATTACHABLE ACCESSORY THAT IS RESISTANT TO TAMPERING AND IS EFFECTIVE IN 43 PREVENTING THE DISCHARGE OF SUCH RIFLE, SHOTGUN OR FIREARM BY A PERSON 44 WHO DOES NOT HAVE ACCESS TO THE KEY, COMBINATION OR OTHER MECHANISM USED 45 TO DISENGAGE THE DEVICE. THE DIVISION OF STATE POLICE SHALL DEVELOP AND 46 PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES OR 47 THE MINIMUM STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE AN EFFEC- 48 TIVE GUN LOCKING DEVICE. 49 (2) EVERY PERSON, FIRM OR CORPORATION ENGAGED IN THE RETAIL BUSINESS 50 OF SELLING RIFLES, SHOTGUNS OR FIREARMS, AS SUCH TERMS ARE DEFINED IN 51 SECTION 265.00 OF THE PENAL LAW, SHALL, IN THE PLACE WHERE SUCH RIFLES, 52 SHOTGUNS OR FIREARMS ARE DISPLAYED OR TRANSFERRED TO THE PURCHASER, POST 53 A NOTICE CONSPICUOUSLY STATING IN BOLD PRINT THAT: "THE USE OF A LOCKING 54 DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. 55 FOR INCREASED SAFETY FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A PAGE 3 1 LOCATION THAT IS BOTH SEPARATE FROM THEIR
AMMUNITION AND INACCESSIBLE TO
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Adds a new section, 396-ff to the general
business law.
1st Part: Defines (A), Manufacture and (B) "shell casing. 2nd Part sets March 1st, 2001 as the date that all new handguns shipped by the manufacture into NY will include in a "SEPARATE SEALED CONTAINER", "(A) A SHELL CASING OF A BULLET OR PROJECTILE DISCHARGED FROM SUCH PISTOL OR REVOLVER; AND (B) ANY ADDITIONAL INFORMATION THAT IDENTIFIES SUCH PISTOL OR REVOLVER AND SHELL CASING AS REQUIRED BY SUCH RULES AND REGULATIONS." 3rd Part allows if the handgun does not have the shell casing the FFL can, within 10 days, (A). return the handgun or (B) notify the state police and "OBTAIN A SUBSTITUTE SEALED CONTAINER THROUGH PARTICIPATION IN A PROGRAM OPERATED BY THE STATE POLICE" 4th Part by October 1st, 2000 the State Police will have "PROMULGATE RULES AND REGULATIONS" and that by 1/1/01 the State Police will have 5 regional centers that an FFL can ship a gun to that will fire the gun and provide the SEALED CONTAINER. 5th Part sets March 1st, 2001 as the starting date that the FFL must ship the SEALED CONTAINER to the State Police within 10 days of selling the handgun. 6th Part states the the State Police will enter the information into a database. 7th Part sets 1st conviction is a VIOLATION and following convictions are Class A misdemeanor. See Section 3 part 3 |
9 S 4. The general business law is amended
by adding a new section 396-
10 ff to read as follows: 11 S 396-FF. PISTOL AND REVOLVER BALLISTIC IDENTIFICATION DATABANK. (1) 12 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE 13 FOLLOWING MEANINGS: 14 (A) "MANUFACTURER" MEANS ANY PERSON, FIRM OR CORPORATION POSSESSING A 15 VALID FEDERAL LICENSE THAT PERMITS SUCH PERSON, FIRM OR CORPORATION TO 16 ENGAGE IN THE BUSINESS OF MANUFACTURING PISTOLS OR REVOLVERS OR AMMUNI- 17 TION THEREFOR FOR THE PURPOSE OF SALE OR DISTRIBUTION. 18 (B) "SHELL CASING" MEANS THAT PART OF AMMUNITION CAPABLE OF BEING USED 19 IN A PISTOL OR REVOLVER THAT CONTAINS THE PRIMER AND PROPELLANT POWDER 20 TO DISCHARGE THE BULLET OR PROJECTILE. 21 (2) ON AND AFTER MARCH FIRST, TWO THOUSAND ONE, ANY MANUFACTURER THAT 22 SHIPS, TRANSPORTS OR DELIVERS A PISTOL OR REVOLVER TO ANY PERSON IN THIS 23 STATE SHALL, IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE 24 DIVISION OF STATE POLICE, INCLUDE IN THE CONTAINER WITH SUCH PISTOL OR 25 REVOLVER A SEPARATE SEALED CONTAINER THAT ENCLOSES: 26 (A) A SHELL CASING OF A BULLET OR PROJECTILE DISCHARGED FROM SUCH 27 PISTOL OR REVOLVER; AND 28 (B) ANY ADDITIONAL INFORMATION THAT IDENTIFIES SUCH PISTOL OR REVOLVER 29 AND SHELL CASING AS REQUIRED BY SUCH RULES AND REGULATIONS. 30 (3) A GUNSMITH OR DEALER IN FIREARMS LICENSED IN THIS STATE SHALL, 31 WITHIN TEN DAYS OF THE RECEIPT OF ANY PISTOL OR REVOLVER FROM A MANUFAC- 32 TURER THAT FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION, EITHER 33 (A) RETURN SUCH PISTOL OR REVOLVER TO SUCH MANUFACTURER, OR (B) NOTIFY 34 THE DIVISION OF STATE POLICE OF SUCH NONCOMPLIANCE AND THEREAFTER OBTAIN 35 A SUBSTITUTE SEALED CONTAINER THROUGH PARTICIPATION IN A PROGRAM OPER- 36 ATED BY THE STATE POLICE AS PROVIDED IN SUBDIVISION FOUR OF THIS 37 SECTION. 38 (4) THE DIVISION OF STATE POLICE SHALL NO LATER THAN OCTOBER FIRST, 39 TWO THOUSAND, PROMULGATE RULES AND REGULATIONS FOR THE OPERATION OF A 40 PROGRAM WHICH PROVIDES A GUNSMITH OR A DEALER IN FIREARMS LICENSED IN 41 THIS STATE WITH A SEALED CONTAINER ENCLOSING THE ITEMS SPECIFIED IN 42 SUBDIVISION TWO OF THIS SECTION. THE PROGRAM SHALL AT A MINIMUM: 43 (A) BE OPERATIONAL BY JANUARY FIRST, TWO THOUSAND ONE; 44 (B) OPERATE IN AT LEAST FIVE REGIONAL LOCATIONS WITHIN THE STATE; AND 45 (C) SPECIFY PROCEDURES BY WHICH SUCH GUNSMITH OR DEALER IS TO DELIVER 46 A PISTOL OR REVOLVER TO THE REGIONAL PROGRAM LOCATION CLOSEST TO HIS OR 47 HER PLACE OF BUSINESS FOR TESTING AND PROMPT RETURN OF SUCH PISTOL OR 48 REVOLVER. 49 (5) ON AND AFTER MARCH FIRST, TWO THOUSAND ONE, A GUNSMITH OR DEALER 50 IN FIREARMS LICENSED IN THIS STATE SHALL, WITHIN TEN DAYS OF DELIVERING 51 TO ANY PERSON A PISTOL OR REVOLVER RECEIVED BY SUCH GUNSMITH OR DEALER 52 IN FIREARMS ON OR AFTER SUCH DATE, FORWARD TO THE DIVISION OF STATE 53 POLICE, ALONG WITH THE ORIGINAL TRANSACTION REPORT REQUIRED BY SUBDIVI- 54 SION TWELVE OF SECTION 400.00 OF THE PENAL LAW, THE SEALED CONTAINER 55 ENCLOSING THE SHELL CASING FROM SUCH PISTOL OR REVOLVER EITHER (A) 56 RECEIVED FROM THE MANUFACTURER, OR (B) OBTAINED THROUGH PARTICIPATION IN PAGE 4 1 THE PROGRAM OPERATED BY THE DIVISION OF STATE
POLICE IN ACCORDANCE WITH
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Adds a new section, 39-DD to the general
business law. 1st PART; S 895 Definitions of gun show, size and number of guns, who a "FIREARM EXHIBITOR" and "GUN SHOW OPERATOR" is, and "FIREARM, RIFLE, AND SHOTGUN" use standard meaning. 2nd PART; S 896. OPERATION OF A GUN SHOW. 1. A GUN SHOW OPERATOR SHALL: Post signs, notify dealers , provide someone to do a NICS Check or require dealers to do a NICS check at cost. 4473 form to be filled out and held for 10 years. 2. That the ATTORNEY GENERAL ... MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE SUPREME COURT ... to shut down a show and fine the operator up to $10,000. The Gun Show Operator can fight back in Civil Court. 3rd PART; S 897. SALE OF A FIREARM, RIFLE OR SHOTGUN AT A GUN SHOW. 1, all gun sales must have NICS Check, 2, you can not evade by arranging to deliver the gun away from the show, 3, violation is CLASS A MISDEMEANOR |
18 S 5. The general business law is amended
by adding a new article 39-DD 19 to read as follows: 20 ARTICLE 39-DD 21 SALE OF FIREARMS, RIFLES OR SHOTGUNS 22 AT GUN SHOWS 23 SECTION 895. DEFINITIONS. 24 896. OPERATION OF A GUN SHOW. 25 897. SALE OF A FIREARM, RIFLE OR SHOTGUN AT A GUN SHOW. 26 S 895. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 27 1. "GUN SHOW" MEANS AN EVENT SPONSORED, WHETHER FOR PROFIT OR NOT, BY 28 AN INDIVIDUAL, NATIONAL, STATE OR LOCAL ORGANIZATION, ASSOCIATION OR 29 OTHER ENTITY DEVOTED TO THE COLLECTION, COMPETITIVE USE, SPORTING USE, 30 OR ANY OTHER LEGAL USE OF FIREARMS, RIFLES OR SHOTGUNS, OR AN EVENT AT 31 WHICH (A) TWENTY PERCENT OR MORE OF THE TOTAL NUMBER OF EXHIBITORS ARE 32 FIREARM EXHIBITORS OR (B) TEN OR MORE FIREARM EXHIBITORS ARE PARTICIPAT- 33 ING OR (C) A TOTAL OF TWENTY-FIVE OR MORE PISTOLS OR REVOLVERS ARE 34 OFFERED FOR SALE OR TRANSFER OR (D) A TOTAL OF FIFTY OR MORE FIREARMS, 35 RIFLES OR SHOTGUNS ARE OFFERED FOR SALE OR TRANSFER. THE TERM GUN SHOW 36 SHALL INCLUDE ANY BUILDING, STRUCTURE OR FACILITY WHERE FIREARMS, RIFLES 37 OR SHOTGUNS ARE OFFERED FOR SALE OR TRANSFER AND ANY GROUNDS USED IN 38 CONNECTION WITH THE EVENT. 39 2. "FIREARM EXHIBITOR" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPO- 40 RATION OR COMPANY THAT EXHIBITS, SELLS, OFFERS FOR SALE, TRANSFERS, OR 41 EXCHANGES FIREARMS, RIFLES OR SHOTGUNS AT A GUN SHOW. 42 3. "GUN SHOW OPERATOR" MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPO- 43 RATION OR COMPANY THAT ORGANIZES, PRODUCES, SPONSORS OR OPERATES A GUN 44 SHOW. 45 4. "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN 18 U.S.C. 46 921(A)(3), BUT SHALL NOT INCLUDE AN "ANTIQUE FIREARM" AS THAT TERM IS 47 DEFINED IN 18 U.S.C. 921(A)(16). 48 5. "RIFLE" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN 18 U.S.C. 49 921(A)(7). 50 6. "SHOTGUN" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN 18 U.S.C. 51 921(A)(5). 52 S 896. OPERATION OF A GUN SHOW. 1. A GUN SHOW OPERATOR SHALL: 53 (A) AT ALL TIMES DURING SUCH SHOW CONSPICUOUSLY POST AND MAINTAIN 54 SIGNS STATING "A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK MUST BE 55 COMPLETED PRIOR TO ALL FIREARM SALES OR TRANSFERS, INCLUDING SALES OR 56 TRANSFERS OF RIFLES OR SHOTGUNS". SIGNS MUST BE POSTED AT ALL ENTRANCES PAGE 5 1 TO THE GUN SHOW, AT ALL PLACES
WHERE ADMISSION TICKETS TO THE GUN SHOW |
Amends parts of Sec 70.02. Sentence of imprisonment for a violent felony offense by adding the (7) SUCH PERSON POSSESSES AN ASSAULT WEAPON; OR (8) SUCH PERSON POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE. (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 70.02.
Sentence of imprisonment for a violent felony offense.
Sec 120.05. Assault in the second degree. Sec 120.60. Stalking in the first degree. Sec 130.65. Sexual abuse in the first degree. Sec 130.80. Course of sexual conduct against a child in the second degree. Sec 130.66. Aggravated sexual abuse in the third degree. Sec 265.02. Criminal possession of a weapon in the third degree. Sec 215.16. Intimidating a victim or witness in the second degree. Sec 220.20. Plea; meaning of lesser included offense for plea purposes. |
50 S 6. Paragraphs (c) and
(d) of subdivision 1 of section 70.02
of the
51 penal law, paragraph (c) as amended by chapter 635 of the laws of 1999 52 and paragraph (d) as amended by chapter 378 of the laws of 1998, are 53 amended to read as follows: 54 (c) Class D violent felony offenses: an attempt to commit any of the 55 class C felonies set forth in paragraph (b); assault in the second 56 degree as defined in section 120.05, stalking in the first degree, as PAGE 6 1 defined in subdivision one of section
120.60, sexual abuse in the first
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Amends parts of Sec 70.02. Sentence of imprisonment for a violent felony offense by adding the (7) SUCH PERSON POSSESSES AN ASSAULT WEAPON; OR (8) SUCH PERSON POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE. ("No less than one year" sentence.) (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
14 S 7. Paragraph (b) and the
opening paragraph of paragraph (c) of
15 subdivision 2 of section 70.02 of the penal law, as amended by chapter 16 33 of the laws of 1999, are amended to read as follows: 17 (b) Except as provided in subdivision six of section 60.05 and subdi- 18 vision four of this section, the sentence imposed upon a person who 19 stands convicted of a class D violent felony offense, other than the 20 offense of criminal possession of a weapon in the third degree as 21 defined in {subdivisions} SUBDIVISION four {and}, five, SEVEN OR EIGHT 22 of section 265.02, must be in accordance with the applicable provisions 23 of this chapter relating to sentencing for class D felonies provided, 24 however, that where a sentence of imprisonment is imposed which requires 25 a commitment to the state department of correctional services, such 26 sentence shall be a determinate sentence in accordance with paragraph 27 (c) of subdivision three of this section. 28 Except as provided in subdivision six of section 60.05, the sentence 29 imposed upon a person who stands convicted of the class D violent felony 30 offenses of criminal possession of a weapon in the third degree as 31 defined in {subdivisions} SUBDIVISION four {and}, five, SEVEN OR EIGHT 32 of section 265.02 or the class E violent felonies of attempted criminal 33 possession of a weapon in the third degree as defined in {subdivisions} 34 SUBDIVISION four {and}, five, SEVEN OR EIGHT of section 265.02 must be a 35 sentence to a determinate period of imprisonment, or, in the alterna- 36 tive, a definite sentence of imprisonment for a period of no less than 37 one year, except that: |
Adds to PL Sec 265.00. Definitions "FIREARM" to include ASSAULT WEAPON (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 265.00. Definitions. |
38 S 8. Subdivision 3 of section 265.00
of the penal law, as amended by
39 chapter 264 of the laws of 1988, is amended to read as follows: 40 3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having 41 one or more barrels less than eighteen inches in length; or (c) a rifle 42 having one or more barrels less than sixteen inches in length; or (d) 43 any weapon made from a shotgun or rifle whether by alteration, modifica- 44 tion, or otherwise if such weapon as altered, modified, or otherwise has 45 an overall length of less than twenty-six inches; OR (E) AN ASSAULT 46 WEAPON. For the purpose of this subdivision the length of the barrel on 47 a shotgun or rifle shall be determined by measuring the distance between 48 the muzzle and the face of the bolt, breech, or breechlock when closed 49 and when the shotgun or rifle is cocked; the overall length of a weapon 50 made from a shotgun or rifle is the distance between the extreme ends of 51 the weapon measured along a line parallel to the center line of the 52 bore. Firearm does not include an antique firearm. |
Sec 265.00. Definitions Adds ASSAULT WEAPON, LARGE CAPACITY AMMUNITION FEEDING DEVICE to subdivisions 8 & 9. (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 265.00. Definitions |
53 S 9. Subdivisions 8 and 9 of section 265.00
of the penal law, subdi-
54 vision 8 as amended by chapter 588 of the laws of 1972 and subdivision 9 55 as amended by chapter 462 of the laws of 1974, are amended to read as 56 follows: PAGE 7 1 8. "Gunsmith" means any
person, firm, partnership, corporation or
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Adds 3 new subdivisions to PL Sec
265.00. Definitions:
21. "SEMIAUTOMATIC" MEANS ..., 22. "ASSAULT WEAPON" MEANS ... (E) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE: ... (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF, SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. ... (V) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF THIS SUBDIVISION LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED NINETY-FOUR. 23. "LARGE CAPACITY AMMUNITION FEEDING DEVICE" MEANS
A MAGAZINE, BELT, DRUM, FEED STRIP, OR SIMILAR DEVICE, MANUFACTURED
AFTER SEPTEMBER THIR TEENTH, NINETEEN HUNDRED NINETY-FOUR ...
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Sec 265.00.
Definitions
CLICK HERE TO SEE THE FEDERAL: SEMIAUTOMATIC ASSAULT WEAPONS and LARGE CAPACITY AMMUNITION FEEDING DEVICES under Title 18, UNITED STATES CODE, CHAPTER 44 as amended by Public Law 103-322 The Violent Crime Control and Law Enforcement Act of 1994 (enacted September 13, 1994) |
11 S 10. Section 265.00
of the penal law is amended by adding three new
12 subdivisions 21, 22 and 23 to read as follows: 13 21. "SEMIAUTOMATIC" MEANS ANY REPEATING RIFLE, SHOTGUN OR PISTOL, 14 REGARDLESS OF BARREL OR OVERALL LENGTH, WHICH UTILIZES A PORTION OF THE 15 ENERGY OF A FIRING CARTRIDGE OR SHELL TO EXTRACT THE FIRED CARTRIDGE 16 CASE OR SPENT SHELL AND CHAMBER THE NEXT ROUND, AND WHICH REQUIRES A 17 SEPARATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL. 18 22. "ASSAULT WEAPON" MEANS (A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABIL- 19 ITY TO ACCEPT A DETACHABLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOW- 20 ING CHARACTERISTICS: 21 (I) A FOLDING OR TELESCOPING STOCK; 22 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF 23 THE WEAPON; 24 (III) A BAYONET MOUNT; 25 (IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A 26 FLASH SUPPRESSOR; 27 (V) A GRENADE LAUNCHER; OR 28 (B) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST TWO OF THE FOLLOWING 29 CHARACTERISTICS: 30 (I) A FOLDING OR TELESCOPING STOCK; 31 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF 32 THE WEAPON; 33 (III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; 34 (IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE; OR 35 (C) A SEMIAUTOMATIC PISTOL THAT HAS AN ABILITY TO ACCEPT A DETACHABLE 36 MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOWING CHARACTERISTICS: 37 (I) AN AMMUNITION MAGAZINE THAT ATTACHES TO THE PISTOL OUTSIDE OF THE 38 PISTOL GRIP; 39 (II) A THREADED BARREL CAPABLE OF ACCEPTING A BARREL EXTENDER, FLASH 40 SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER; 41 (III) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR- 42 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH 43 THE NONTRIGGER HAND WITHOUT BEING BURNED; 44 (IV) A MANUFACTURED WEIGHT OF FIFTY OUNCES OR MORE WHEN THE PISTOL IS 45 UNLOADED; 46 (V) A SEMIAUTOMATIC VERSION OF AN AUTOMATIC RIFLE, SHOTGUN OR FIREARM; 47 OR 48 (D) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH 49 WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN 50 AS: 51 (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL 52 MODELS); 53 (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL; 54 (III) BERETTA AR70 (SC-70); 55 (IV) COLT AR-15; 56 (V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC; PAGE 8 1 (VI) SWD M-10, M-11, M-11/9,
AND M-12;
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Adds Politically Correct SUCH PERSON and deletes {HE} from 265.02
Adds (7) SUCH PERSON POSSESSES AN ASSAULT WEAPON; OR (8) SUCH PERSON POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE. (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 265.02. Criminal possession of a weapon in the third degree. |
30 S 11. Subdivisions 4, 5 and 6 of
section 265.02 of the penal law,
31 subdivision 4 as added by chapter 1041 of the laws of 1974, subdivision 32 5 as amended by chapter 175 of the laws of 1981 and subdivision 6 as 33 added by chapter 378 of the laws of 1998, are amended and two new subdi- 34 visions 7 and 8 are added to read as follows: 35 (4) {He} SUCH PERSON possesses any loaded firearm. Such possession 36 shall not, except as provided in subdivision one OR SEVEN, constitute a 37 violation of this section if such possession takes place in such 38 person`s home or place of business{.}; OR 39 (5) (i) {He} SUCH PERSON possesses twenty or more firearms; or (ii) 40 {he} SUCH PERSON possesses a firearm and has been previously convicted 41 of a felony or a class A misdemeanor defined in this chapter within the 42 five years immediately preceding the commission of the offense and such 43 possession did not take place in the person`s home or place of busi- 44 ness{.}; OR 45 (6) {He} SUCH PERSON knowingly possesses any disguised gun{.}; OR 46 (7) SUCH PERSON POSSESSES AN ASSAULT WEAPON; OR 47 (8) SUCH PERSON POSSESSES A LARGE CAPACITY AMMUNITION FEEDING DEVICE. |
Adds to PL 265.10 ASSAULT WEAPON, LARGE CAPACITY AMMUNITION FEEDING DEVICE wording (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 265.10. Manufacture, transport, disposition and defacement of weapons |
48 S 12. Section 265.10 of the penal
law, subdivisions 1 and 2 as amended
49 by chapter 378 of the laws of 1998, subdivision 3 as amended by chapter 50 695 of the laws of 1987, subdivision 4 as amended by chapter 233 of the 51 laws of 1980, subdivision 5 as amended by chapter 3 of the laws of 1978 52 and subdivision 7 as amended by chapter 1041 of the laws of 1974, is 53 amended to read as follows: 54 S 265.10 Manufacture, transport, disposition and defacement of weapons 55 and dangerous instruments and appliances. PAGE 9 1 1. Any person who manufactures
or causes to be manufactured any
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Adds to PL 265.11 LARGE CAPACITY AMMUNITION FEEDING DEVICE, to selling, exchanges, gives or disposes (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 265.11. Criminal sale of a firearm in the third degree. |
40 S 13. Subdivision 1 of section 265.11
of the penal law, as amended by
41 chapter 310 of the laws of 1995, is amended to read as follows: 42 (1) sells, exchanges, gives or disposes of a firearm OR LARGE CAPACITY 43 AMMUNITION FEEDING DEVICE to another person; or |
Adds to PL 265.15, LARGE CAPACITY AMMUNITION FEEDING DEVICE, ... DEFACED LARGE CAPACITY AMMUNITION FEEDING DEVICE, to possession (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 265.15. Presumptions of possession, unlawful intent and defacement. |
44 S 14. Subdivision 3 of section
265.15 of the penal law, as amended by
45 chapter 219 of the laws of 1995, is amended to read as follows: 46 3. The presence in an automobile, other than a stolen one or a public 47 omnibus, of any firearm, LARGE CAPACITY AMMUNITION FEEDING DEVICE, 48 defaced firearm, defaced rifle or shotgun, DEFACED LARGE CAPACITY AMMU- 49 NITION FEEDING DEVICE, firearm silencer, explosive or incendiary bomb, 50 bombshell, gravity knife, switchblade knife, pilum ballistic knife, 51 metal knuckle knife, dagger, dirk, stiletto, billy, blackjack, metal 52 knuckles, chuka stick, sandbag, sandclub or slungshot is presumptive 53 evidence of its possession by all persons occupying such automobile at 54 the time such weapon, instrument or appliance is found, except under the 55 following circumstances: (a) if such weapon, instrument or appliance is 56 found upon the person of one of the occupants therein; (b) if such weap- PAGE 10 1 on, instrument or appliance
is found in an automobile which is being
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Adds to 265.20 LARGE CAPACITY AMMUNITION FEEDING DEVICE wording to items allowed by certain state employees. (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 265.20. Exemptions. |
20 S 15. Paragraph 2 of subdivision
a of section 265.20 of the penal law,
21 as amended by chapter 328 of the laws of 1986, is amended to read as 22 follows: 23 2. Possession of a machine-gun, LARGE CAPACITY AMMUNITION FEEDING 24 DEVICE, firearm, switchblade knife, gravity knife, pilum ballistic 25 knife, billy or blackjack by a warden, superintendent, headkeeper or 26 deputy of a state prison, penitentiary, workhouse, county jail or other 27 institution for the detention of persons convicted or accused of crime 28 or detained as witnesses in criminal cases, in pursuit of official duty 29 or when duly authorized by regulation or order to possess the same. |
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New section to Sec 265.20. Exemptions. |
30 S 15-a. Subdivision a of section
265.20 of the penal law is amended by
31 adding a new paragraph 7-e to read as follows: 32 7-E. POSSESSION AND USE OF A PISTOL OR REVOLVER, AT AN INDOOR OR 33 OUTDOOR PISTOL RANGE LOCATED IN OR ON PREMISES OWNED OR OCCUPIED BY A 34 DULY INCORPORATED ORGANIZATION ORGANIZED FOR CONSERVATION PURPOSES OR TO 35 FOSTER PROFICIENCY IN SMALL ARMS OR AT A TARGET PISTOL SHOOTING COMPETI- 36 TION UNDER THE AUSPICES OF OR APPROVED BY AN ASSOCIATION OR ORGANIZATION 37 DESCRIBED IN PARAGRAPH 7-A OF THIS SUBDIVISION FOR THE PURPOSE OF LOAD- 38 ING AND FIRING THE SAME BY A PERSON AT LEAST EIGHTEEN YEARS OF AGE BUT 39 UNDER THE AGE OF TWENTY-ONE WHO HAS NOT BEEN PREVIOUSLY CONVICTED OF A 40 FELONY OR SERIOUS OFFENSE, AND WHO DOES NOT APPEAR TO BE, OR POSE A 41 THREAT TO BE, A DANGER TO HIMSELF OR TO OTHERS; PROVIDED HOWEVER, THAT 42 SUCH POSSESSION SHALL BE OF A PISTOL OR REVOLVER DULY LICENSED TO AND 43 SHALL BE USED UNDER THE IMMEDIATE SUPERVISION, GUIDANCE AND INSTRUCTION 44 OF, A PERSON SPECIFIED IN PARAGRAPH SEVEN OF THIS SUBDIVISION. |
Add to 265.20 a (8) ASSAULT WEAPONS, LARGE CAPACITY AMMUNITION FEEDING DEVICES, wording to allow manufacture and shipment for use by state and city and others. (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 265.20. Exemptions. |
45 S 16. Paragraph 8 of subdivision
a of section 265.20 of the penal law,
46 as amended by chapter 378 of the laws of 1998, is amended to read as 47 follows: 48 8. The manufacturer of machine-guns, ASSAULT WEAPONS, LARGE CAPACITY 49 AMMUNITION FEEDING DEVICES, disguised guns, pilum ballistic knives, 50 switchblade or gravity knives, billies or blackjacks as merchandise and 51 the disposal and shipment thereof direct to a regularly constituted or 52 appointed state or municipal police department, sheriff, policeman or 53 other peace officer, or to a state prison, penitentiary, workhouse, 54 county jail or other institution for the detention of persons convicted 55 or accused of crime or held as witnesses in criminal cases, or to the 56 military service of this state or of the United States. PAGE 11 |
11 Allows Police or peace officer to have FIREARM OR LARGE CAPACITY
AMMUNITION FEEDING DEVICE while on the job.
16 Excludes AN ASSAULT WEAPON in sections of PL 265.20 (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 265.20. Exemptions. |
1 S 17. Paragraphs 11 and 16 of
subdivision a of section 265.20 of the
2 penal law, paragraph 11 as added by chapter 498 of the laws of 1976 and 3 paragraph 16 as added by chapter 378 of the laws of 1998, are amended to 4 read as follows: 5 11. Possession of a {pistol or revolver} FIREARM OR LARGE CAPACITY 6 AMMUNITION FEEDING DEVICE by a police officer or sworn peace officer of 7 another state while conducting official business within the state of New 8 York. 9 16. The terms "RIFLE," "SHOTGUN," "pistol," "revolver," and "firearm" 10 as used in paragraphs three, FOUR, FIVE, SEVEN, seven-a, seven-b, nine, 11 nine-a, ten, twelve, thirteen and thirteen-a of this subdivision shall 12 not include a disguised gun OR AN ASSAULT WEAPON. |
Adds 21 year old age requirement for issue or renewal of pistol license.
(Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) (Section 26. Nothing in this act shall be construed to prohibit a municipality or other unit of local government from adopting or maintaining a stricter standard ... or the amendments made to paragraph (a) of subdivision 1 ofsection 400.00 of the penal law by section eighteen of this act by local law or ordinance. ) |
Sec 400.00. Licenses to carry, possess, repair and dispose of firearms. |
13 S 18. Subdivision 1 of section 400.00
of the penal law, as amended by
14 chapter 446 of the laws of 1997, is amended to read as follows: 15 1. Eligibility. No license shall be issued or renewed pursuant to this 16 section except by the licensing officer, and then only after investi- 17 gation and finding that all statements in a proper application for a 18 license are true. No license shall be issued or renewed except for an 19 applicant (a) TWENTY-ONE YEARS OF AGE OR OLDER, PROVIDED, HOWEVER, THAT 20 WHERE SUCH APPLICANT HAS BEEN HONORABLY DISCHARGED FROM THE UNITED 21 STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR COAST GUARD, OR THE 22 NATIONAL GUARD OF THE STATE OF NEW YORK, NO SUCH AGE RESTRICTION SHALL 23 APPLY; (B) of good moral character; {(b)} (C) who has not been convicted 24 anywhere of a felony or a serious offense; {(c)} (D) who has stated 25 whether he OR SHE has ever suffered any mental illness or been confined 26 to any hospital or institution, public or private, for mental illness; 27 {(d)} (E) who has not had a license revoked or who is not under a 28 suspension or ineligibility order issued pursuant to the provisions of 29 section 530.14 of the criminal procedure law or section eight hundred 30 forty-two-a of the family court act; {(e)} (F) in the county of West- 31 chester, who has successfully completed a firearms safety course and 32 test as evidenced by a certificate of completion issued in his or her 33 name and endorsed and affirmed under the penalties of perjury by a duly 34 authorized instructor, except that: (i) persons who are honorably 35 discharged from the United States army, navy, marine corps or coast 36 guard, or of the national guard of the state of New York, and produce 37 evidence of official qualification in firearms during the term of 38 service are not required to have completed those hours of a firearms 39 safety course pertaining to the safe use, carrying, possession, mainte- 40 nance and storage of a firearm; and (ii) persons who were licensed to 41 possess a pistol or revolver prior to the effective date of this para- 42 graph are not required to have completed a firearms safety course and 43 test; and {(f)} (G) concerning whom no good cause exists for the denial 44 of the license. No person shall engage in the business of gunsmith or 45 dealer in firearms unless licensed pursuant to this section. An appli- 46 cant to engage in such business shall also be a citizen of the United 47 States, more than twenty-one years of age and maintain a place of busi- 48 ness in the city or county where the license is issued. For such busi- 49 ness, if the applicant is a firm or partnership, each member thereof 50 shall comply with all of the requirements set forth in this subdivision 51 and if the applicant is a corporation, each officer thereof shall so 52 comply. |
AN ASSAULT WEAPON can not be added to a license under PL 400 (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 400.00. Licenses to carry, possess, repair and dispose of firearms. |
53 S 19. Subdivision 2 of section 400.00
of the penal law, as amended by
54 chapter 378 of the laws of 1998, is amended to read as follows: 55 2. Types of licenses. A license for gunsmith or dealer in firearms 56 shall be issued to engage in such business. A license for a pistol or PAGE 12 1 revolver, other than AN
ASSAULT WEAPON OR a disguised gun, shall be
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Adds to PL 400 (8), OR HER & OR SHE wording. Also requires that NICS check be done at gun shows. |
Sec 400.00.
Licenses to carry, possess, repair and dispose of firearms.
See SECTION 5, SALE OF FIREARMS, RIFLES OR SHOTGUNS AT GUN SHOWS |
29 S 20. Subdivision 8 of section 400.00
of the penal law, as amended by
30 chapter 320 of the laws of 1992, is amended to read as follows: 31 8. License: exhibition and display. Every licensee while carrying a 32 pistol or revolver shall have on his OR HER person a license to carry 33 the same. Every person licensed to possess a pistol or revolver on 34 particular premises shall have the license for the same on such prem- 35 ises. Upon demand, the license shall be exhibited for inspection to any 36 peace officer, who is acting pursuant to his OR HER special duties, or 37 police officer. A license as gunsmith or dealer in firearms shall be 38 prominently displayed on the licensed premises. A gunsmith or dealer of 39 firearms may conduct business temporarily at a location other than the 40 location specified on the license if such temporary location is the 41 location for a gun show or event sponsored by any national, state, or 42 local organization, or any affiliate of any such organization devoted to 43 the collection, competitive use or other sporting use of firearms. ANY 44 SALE OR TRANSFER AT A GUN SHOW MUST ALSO COMPLY WITH THE PROVISIONS OF 45 ARTICLE THIRTY-NINE-DD OF THE GENERAL BUSINESS LAW. Records of receipt 46 and disposition of firearms transactions conducted at such temporary 47 location shall include the location of the sale or other disposition and 48 shall be entered in the permanent records of the gunsmith or dealer of 49 firearms and retained on the location specified on the license. Nothing 50 in this section shall authorize any licensee to conduct business from 51 any motorized or towed vehicle. A separate fee shall not be required of 52 a licensee with respect to business conducted under this subdivision. 53 Any inspection or examination of inventory or records under this section 54 at such temporary location shall be limited to inventory consisting of, 55 or records related to, firearms held or disposed at such temporary 56 locations. Failure of any licensee to so exhibit or display his OR HER PAGE 13 1 license, as the case may be, shall be presumptive
evidence that he OR
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Adds Executive Law Section 230, that creates the GUN TRAFFICKING INTERDICTION PROGRAM. Program is to track ... (1), GUNS ILLEGALLY ENTERING NEW YORK WITH A FOCUS ON THOSE "SUPPLIER" STATES FROM WHICH SUBSTANTIAL NUMBERS OF GUNS ILLEGALLY ENTER THIS STATE.... (2) THE STRATEGY SHALL INCLUDE IDENTIFYING AND PROSECUTING GUN TRAFFICKERS AND SUPPLIERS ...(3) ... SHALL AWARD GRANT MONIES TO DISTRICT ATTORNEYS FOR PROGRAMS ... (4) ... STATE POLICE SHALL ESTABLISH AND MAINTAIN WITHIN THE DIVISION A CRIMINAL GUN CLEARINGHOUSE ... (5) ... SUBMIT A REQUEST TO THE NATIONAL TRACING CENTER |
New law, Executive Law |
3 S 21. The executive law is amended
by adding a new section 230 to read
4 as follows: 5 S 230. GUN TRAFFICKING INTERDICTION PROGRAM. 1. THERE IS HEREBY 6 CREATED WITHIN THE DIVISION OF CRIMINAL JUSTICE SERVICES A GUN TRAFFICK- 7 ING INTERDICTION PROGRAM TO BE ADMINISTERED BY THE COMMISSIONER OF THE 8 DIVISION OF CRIMINAL JUSTICE SERVICES TO DISTRIBUTE FUNDS IN ACCORDANCE 9 WITH THE PROVISIONS OF THIS SECTION FOR THE PURPOSE OF INTERDICTING GUNS 10 AND COMPONENTS OF GUNS ILLEGALLY ENTERING NEW YORK WITH A FOCUS ON THOSE 11 "SUPPLIER" STATES FROM WHICH SUBSTANTIAL NUMBERS OF GUNS ILLEGALLY ENTER 12 THIS STATE. 13 2. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE, IN COOPERATION 14 WITH THE UNITED STATES DEPARTMENT OF TREASURY, BUREAU OF ALCOHOL, TOBAC- 15 CO AND FIREARMS AND DISTRICT ATTORNEYS IN NEW YORK STATE, SHALL DEVELOP 16 AND IMPLEMENT A STRATEGY FOR THE INTERDICTION OF GUNS ILLEGALLY ENTERING 17 NEW YORK FROM SUPPLIER STATES. THE STRATEGY SHALL INCLUDE IDENTIFYING 18 AND PROSECUTING GUN TRAFFICKERS AND SUPPLIERS OF SUCH GUNS WHO MAY BE 19 VIOLATING FEDERAL, STATE OR LOCAL LAWS, AND COOPERATING WITH THE UNITED 20 STATES DEPARTMENT OF TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS 21 AND APPROPRIATE PROSECUTORIAL AGENCIES AND LAW ENFORCEMENT AGENCIES IN 22 SUPPLIER STATES IN THE INVESTIGATION AND ENFORCEMENT OF SUCH LAWS. 23 DISTRICT ATTORNEYS ARE AUTHORIZED TO ENTER INTO COLLABORATIVE AGREEMENTS 24 WITH PROSECUTORIAL AND OTHER GOVERNMENTAL AGENCIES AND ENTITIES IN 25 SUPPLIER STATES IN AN EFFORT TO STOP THE MOVEMENT OF ILLEGAL GUNS INTO 26 NEW YORK. 27 3. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL 28 AWARD GRANT MONIES TO DISTRICT ATTORNEYS FOR PROGRAMS WHICH ARE DESIGNED 29 TO INTERDICT THE FLOW OF ILLEGAL GUNS ACROSS NEW YORK STATE BORDERS. IN 30 ORDER TO QUALIFY FOR SUCH GRANT MONIES, A DISTRICT ATTORNEY MUST SUBMIT 31 AN APPLICATION TO THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE 32 SERVICES IN ACCORDANCE WITH GUIDELINES PRESCRIBED BY THE DIVISION OF 33 CRIMINAL JUSTICE SERVICES. THE APPLICATION SHALL IDENTIFY A STRATEGY 34 AND IMPLEMENTATION PLAN FOR PREVENTING THE ENTRY OF ILLEGAL GUNS ACROSS 35 NEW YORK`S BORDERS. FUNDS AWARDED UNDER THIS SECTION SHALL NOT BE USED 36 TO SUPPLANT FEDERAL, STATE OR LOCAL FUNDS. NO MORE THAN FIFTY PERCENT 37 OF THE FUNDS AVAILABLE PURSUANT TO THIS SECTION IN ANY ONE FISCAL YEAR 38 SHALL BE AWARDED FOR PROGRAMS WITHIN A SINGLE CITY, COUNTY, TOWN OR 39 VILLAGE. 40 4. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE SHALL ESTABLISH 41 AND MAINTAIN WITHIN THE DIVISION A CRIMINAL GUN CLEARINGHOUSE AS A 42 CENTRAL REPOSITORY OF INFORMATION REGARDING ALL GUNS SEIZED, FORFEITED, 43 FOUND OR OTHERWISE COMING INTO THE POSSESSION OF ANY STATE OR LOCAL LAW 44 ENFORCEMENT AGENCY WHICH ARE BELIEVED TO HAVE BEEN USED IN THE COMMIS- 45 SION OF A CRIME. THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE 46 SHALL ADOPT AND PROMULGATE REGULATIONS PRESCRIBING REPORTING PROCEDURES 47 FOR SUCH STATE OR LOCAL LAW ENFORCEMENT AGENCIES, INCLUDING THE FORM FOR 48 REPORTING SUCH INFORMATION. IN ADDITION TO ANY OTHER INFORMATION WHICH 49 THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE MAY REQUIRE, THE FORM 50 SHALL REQUIRE (A) THE SERIAL NUMBER OR OTHER IDENTIFYING INFORMATION ON 51 THE GUN, IF AVAILABLE AND (B) A BRIEF DESCRIPTION OF THE CIRCUMSTANCES 52 UNDER WHICH THE GUN CAME INTO THE POSSESSION OF THE LAW ENFORCEMENT 53 AGENCY, INCLUDING THE CRIME WHICH WAS OR MAY HAVE BEEN COMMITTED WITH 54 THE GUN. 55 5. IN ANY CASE WHERE A STATE OR LOCAL LAW ENFORCEMENT AGENCY INVESTI- 56 GATES THE COMMISSION OF A CRIME IN THIS STATE AND A SPECIFIC GUN IS PAGE 14 1 KNOWN TO HAVE BEEN USED IN SUCH
CRIME, SUCH AGENCY SHALL SUBMIT A
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Amends PL 400.10 to require report of gun within 24 hours. (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 400.10. Report of theft or loss of a firearm, rifle or shotgun. |
26 S 23. Subdivision
1 of section 400.10 of the penal law, as added by
27 chapter 531 of the laws of 1984, is amended to read as follows: 28 1. (A) ANY OWNER OR OTHER PERSON LAWFULLY IN POSSESSION OF A FIREARM, 29 RIFLE OR SHOTGUN WHO SUFFERS THE LOSS OR THEFT OF SAID WEAPON SHALL 30 WITHIN TWENTY-FOUR HOURS OF THE DISCOVERY OF THE LOSS OR THEFT REPORT 31 THE FACTS AND CIRCUMSTANCES OF THE LOSS OR THEFT TO A POLICE DEPARTMENT 32 OR SHERIFF`S OFFICE. 33 (B) Whenever a person reports the theft or loss of a firearm, rifle or 34 shotgun to any {peace officer,} police department or sheriff`s office, 35 the officer or department receiving such report shall forward notice of 36 such theft or loss to the division of state police via the New York 37 {State Automated Criminal Justice Information System} STATEWIDE POLICE 38 INFORMATION NETWORK. The notice shall contain information in compliance 39 with the New York Statewide Police Information Network Operating Manual, 40 including the caliber, make, model, manufacturer`s name and serial 41 number, if any, and any other distinguishing number or identification 42 mark on the weapon. |
New section 3, Up to $100 fine for failing to report theft of gun. (Section 28, this act shall take effect on the first day of November next succeeding the date on which it shall have become a law;) |
Sec 400.10. Report of theft or loss of a firearm, rifle or shotgun. |
43 S 24. Section 400.10 of the penal
law is amended by adding a new
44 subdivision 3 to read as follows: 45 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A VIOLATION OF PARA- 46 GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISHABLE ONLY BY 47 A FINE NOT TO EXCEED ONE HUNDRED DOLLARS. |
55 S 28. This act shall take effect
immediately; provided, however, that:
PAGE 16 1 1. Sections one through
three, six through nineteen and twenty-three
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.SO DOC C 8234/11535 *END* BTXT 1999
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