Here's a copy of the bill (S8234).
Yes, it PASSED the Senate yesterday by a 39-20 vote.
The strongly anti-gun Assembly will pass it immediately.
The governor, who introduced the legislation in the first place, will sign it.
Our only chance of stopping this bill was in the Senate - and now that chance is gone.
STATUS:
S8234 PADAVAN
Criminal Procedure Law
TITLE....Relates to assault weapons and creates a ballistic identification databank
06/22/00 REFERRED TO RULES
06/22/00 ORDERED TO THIRD READING CAL.1712
06/22/00 MESSAGE OF NECESSITY - 3 DAY MESSAGE
06/22/00 PASSED SENATE
06/22/00 DELIVERED TO ASSEMBLY
06/22/00 referred to codes
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SUMMARY:
Amd SS220.10, 220.30 CP L, Add SS396-ee, 396-ff & Art 39-DD, Amd Pen L generally
Relates to assault weapons and large capacity ammunition feeding devices, gun locking devices, creates a ballistic identification databank, relates to the sales of firearms, rifles or shotguns at gun shows and establishes a minimum age to possess a firearm; establishes a gun trafficking interdiction program and a gun tracer program; requires the report of a stolen or lost weapon to a police agency; and authorizes a study relating to the availability and effectiveness of existing technology for use of smart guns.
Governor's Program
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BILL TEXT:
STATE OF NEW YORK
________________________________________________________________________
S. 8234 A. 11535
SENATE - ASSEMBLY
June 22, 2000
___________
IN SENATE -- Introduced by Sens. PADAVAN, SPANO, GOODMAN, BALBONI, LACK,
MARCELLINO, RATH, VELELLA -- (at request of the Governor) -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
A. Silver, Matusow, Weisenberg, Koon, Abbate, Arroyo, Aubry, Bea,
Boyland, Brennan, Brodsky, D. Butler, Cahill, Canestrari, Carrozza,
Clark, A. Cohen, M. Cohen, Colton, Cook, Cymbrowitz, Davis, Denis,
Diaz, DiNapoli, Englebright, Espaillat, Eve, Farrell, Galef, Gantt,
Glick, Gottfried, Grannis, Green, Greene, Griffith, Hikind, Hochberg,
Hoyt, John, Kaufman, Lafayette, Lentol, Lopez, Luster, Magnarelli,
Markey, Mayersohn, Mazzarelli, McEneny, Millman, Morelle, Nolan,
Norman, Ortiz, Perry, Pheffer, Pretlow, Ramirez, Rhodd-Cummings,
Rivera, Sanders, Seddio, E. C. Sullivan, Tocci, Vann, Weinstein,
Weprin, Wright) -- (at request of the Governor) -- read once and
referred to the Committee on Codes
AN ACT to amend the criminal procedure law, the general business law and
the penal law, in relation to assault weapons and large capacity ammu-
nition feeding devices, gun locking devices, creating a ballistic
identification databank, sales of firearms, rifles or shotguns at gun
shows and establishing a minimum age to possess a firearm; to amend
the executive law and the state finance law, in relation to establish-
ing a gun trafficking interdiction program and a gun tracer program;
to amend the penal law, in relation to requiring the report of a
stolen or lost weapon to a police agency; and to authorize a study
relating to the availability and effectiveness of existing technology
for use of smart guns
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12429-01-0
S. 8234 2 A. 11535
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.
8 § 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.
29 § 3. The general business law is amended by adding a new section 396-
30 ee to read as follows:
31 § 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
S. 8234 3 A. 11535
1 location that is both separate from their ammunition and inaccessible to
2 children and any other unauthorized person."
3 (3) Any person, firm or corporation who fails to comply with the
4 provisions of this section shall be guilty of a violation punishable as
5 provided in the penal law. Any person, firm, or corporation who fails to
6 comply with the provisions of this section after having been previously
7 convicted of a violation of this section shall be guilty of a class A
8 misdemeanor, punishable as provided in the penal law.
9 § 4. The general business law is amended by adding a new section 396-
10 ff to read as follows:
11 § 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
S. 8234 4 A. 11535
1 the program operated by the division of state police in accordance with
2 subdivision four of this section.
3 (6) Upon receipt of the sealed container, the division of state police
4 shall cause to be entered in an automated electronic databank pertinent
5 data and other ballistic information relevant to identification of the
6 shell casing and to the pistol or revolver from which it was discharged.
7 The automated electronic databank will be operated and maintained by the
8 division of state police, in accordance with its rules and regulations
9 adopted after consultation with the Federal Bureau of Investigation and
10 the United States Department of Treasury, Bureau of Alcohol, Tobacco and
11 Firearms to ensure compatibility with national ballistic technology.
12 (7) Any person, firm or corporation who knowingly violates any of the
13 provisions of this section shall be guilty of a violation, punishable as
14 provided in the penal law. Any person, firm or corporation who knowingly
15 violates any of the provisions of this section after having been previ-
16 ously convicted of a violation of this section shall be guilty of a
17 class A misdemeanor, punishable as provided in the penal law.
18 § 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 § 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 § 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
S. 8234 5 A. 11535
1 to the gun show, at all places where admission tickets to the gun show
2 are sold and not less than four additional locations within the grounds
3 of the gun show;
4 (b) notify all firearm exhibitors in writing that a national instant
5 criminal background check must be completed prior to all firearm sales
6 or transfers, including sales or transfers of rifles or shotguns; and
7 (c) provide access at the gun show to a firearm dealer licensed under
8 federal law who is authorized to perform a national instant criminal
9 background check where the seller or transferor of a firearm, rifle or
10 shotgun is not authorized to conduct such a check by (i) requiring
11 firearm exhibitors who are firearm dealers licensed under federal law
12 and who are authorized to conduct a national instant criminal background
13 check to provide such a check at cost or (ii) designating a specific
14 location at the gun show where a firearm dealer licensed under federal
15 law who is authorized to conduct a national instant criminal background
16 check will be present to perform such a check at cost. Any firearm
17 dealer licensed under federal law who performs a national instant crimi-
18 nal background check pursuant to this paragraph shall provide the seller
19 or transferor of the firearm, rifle or shotgun with a copy of the United
20 States Department of Treasury, Bureau of Alcohol, Tobacco and Firearms
21 Form ATF F 4473 and such dealer shall maintain such form and make such
22 form available for inspection by law enforcement agencies for a period
23 of ten years thereafter.
24 2. Whenever the attorney general shall believe from evidence satisfac-
25 tory to him or her that a gun show operator has violated any of the
26 provisions of this section, the attorney general may bring an action or
27 special proceeding in the supreme court for a judgment enjoining the
28 continuance of such violation and for a civil penalty in an amount not
29 to exceed ten thousand dollars. If it shall appear to the satisfaction
30 of the court or justice that the defendant has violated any provisions
31 of this section, no proof shall be required that any person has been
32 injured thereby nor that the defendant intentionally violated such
33 provision. In such action preliminary relief may be granted under arti-
34 cle sixty-three of the civil practice law and rules. In connection with
35 any such proposed application, the attorney general is authorized to
36 take proof, issue subpoenas and administer oaths in the manner provided
37 in the civil practice law and rules.
38 § 897. Sale of a firearm, rifle or shotgun at a gun show. 1. A
39 national instant criminal background check shall be conducted and no
40 person shall sell or transfer a firearm, rifle or shotgun at a gun show,
41 except in accordance with the provisions of 18 U.S.C. 922(t).
42 2. No person shall offer or agree to sell or transfer a firearm, rifle
43 or shotgun to another person at a gun show and transfer or deliver such
44 firearm, rifle or shotgun to such person or person acting on his or her
45 behalf thereafter at a location other than the gun show for the purpose
46 of evading or avoiding compliance with 18 U.S.C. 922(t).
47 3. Any person who knowingly violates any of the provisions of this
48 section shall be guilty of a class A misdemeanor punishable as provided
49 for in the penal law.
50 § 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
S. 8234 6 A. 11535
1 defined in subdivision one of section 120.60, sexual abuse in the first
2 degree as defined in section 130.65, course of sexual conduct against a
3 child in the second degree as defined in section 130.80, aggravated
4 sexual abuse in the third degree as defined in section 130.66, criminal
5 possession of a weapon in the third degree as defined in [subdivisions]
6 subdivision four, five [and], six, seven or eight of section 265.02, and
7 intimidating a victim or witness in the second degree as defined in
8 section 215.16.
9 (d) Class E violent felony offenses: an attempt to commit any of the
10 felonies of criminal possession of a weapon in the third degree as
11 defined in [subdivisions] subdivision four, five [and], six, seven or
12 eight of section 265.02 as a lesser included offense of that section as
13 defined in section 220.20 of the criminal procedure law.
14 § 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:
38 § 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.
53 § 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:
S. 8234 7 A. 11535
1 8. "Gunsmith" means any person, firm, partnership, corporation or
2 company who engages in the business of repairing, altering, assembling,
3 manufacturing, cleaning, polishing, engraving or trueing, or who
4 performs any mechanical operation on, any firearm, large capacity ammu-
5 nition feeding device or machine-gun.
6 9. "Dealer in firearms" means any person, firm, partnership, corpo-
7 ration or company who engages in the business of purchasing, selling,
8 keeping for sale, loaning, leasing, or in any manner disposing of, any
9 assault weapon, large capacity ammunition feeding device, pistol or
10 revolver.
11 § 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;
S. 8234 8 A. 11535
1 (vi) SWD M-10, M-11, M-11/9, and M-12;
2 (vii) Steyr AUG;
3 (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
4 (ix) revolving cylinder shotguns, such as (or similar to) the Street
5 Sweeper and Striker 12;
6 (e) provided, however, that such term does not include: (i) any rifle,
7 shotgun or pistol that (A) is manually operated by bolt, pump, lever or
8 slide action; (B) has been rendered permanently inoperable; or (C) is an
9 antique firearm as defined in 18 U.S.C. 921(a)(16);
10 (ii) a semiautomatic rifle that cannot accept a detachable magazine
11 that holds more than five rounds of ammunition;
12 (iii) a semiautomatic shotgun that cannot hold more than five rounds
13 of ammunition in a fixed or detachable magazine;
14 (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
15 specified in Appendix A to section 922 of 18 U.S.C. as such weapon was
16 manufactured on October first, nineteen hundred ninety-three. The mere
17 fact that a weapon is not listed in Appendix A shall not be construed to
18 mean that such weapon is an assault weapon; or
19 (v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
20 pistol or any of the weapons defined in paragraph (d) of this subdivi-
21 sion lawfully possessed prior to September fourteenth, nineteen hundred
22 ninety-four.
23 23. "Large capacity ammunition feeding device" means a magazine, belt,
24 drum, feed strip, or similar device, manufactured after September thir-
25 teenth, nineteen hundred ninety-four, that has a capacity of, or that
26 can be readily restored or converted to accept, more than ten rounds of
27 ammunition; provided, however, that such term does not include an
28 attached tubular device designed to accept, and capable of operating
29 only with, .22 caliber rimfire ammunition.
30 § 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.
48 § 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 § 265.10 Manufacture, transport, disposition and defacement of weapons
55 and dangerous instruments and appliances.
S. 8234 9 A. 11535
1 1. Any person who manufactures or causes to be manufactured any
2 machine-gun, assault weapon, large capacity ammunition feeding device or
3 disguised gun is guilty of a class D felony. Any person who manufactures
4 or causes to be manufactured any switchblade knife, gravity knife, pilum
5 ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, metal
6 knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is
7 guilty of a class A misdemeanor.
8 2. Any person who transports or ships any machine-gun, firearm silenc-
9 er, assault weapon or large capacity ammunition feeding device or
10 disguised gun, or who transports or ships as merchandise five or more
11 firearms, is guilty of a class D felony. Any person who transports or
12 ships as merchandise any firearm, other than an assault weapon, switch-
13 blade knife, gravity knife, pilum ballistic knife, billy, blackjack,
14 bludgeon, metal knuckles, Kung Fu star, chuka stick, sandbag or slung-
15 shot is guilty of a class A misdemeanor.
16 3. Any person who disposes of any machine-gun, assault weapon, large
17 capacity ammunition feeding device or firearm silencer is guilty of a
18 class D felony. Any person who knowingly buys, receives, disposes of, or
19 conceals a machine-gun, firearm, large capacity ammunition feeding
20 device, rifle or shotgun which has been defaced for the purpose of
21 concealment or prevention of the detection of a crime or misrepresenting
22 the identity of such machine-gun, firearm, large capacity ammunition
23 feeding device, rifle or shotgun is guilty of a class D felony.
24 4. Any person who disposes of any of the weapons, instruments or
25 appliances specified in subdivision one of section 265.01, except a
26 firearm, is guilty of a class A misdemeanor, and he is guilty of a class
27 D felony if he has previously been convicted of any crime.
28 5. Any person who disposes of any of the weapons, instruments, appli-
29 ances or substances specified in section 265.05 to any other person
30 under the age of sixteen years is guilty of a class A misdemeanor.
31 6. Any person who wilfully defaces any machine-gun, large capacity
32 ammunition feeding device or firearm is guilty of a class D felony.
33 7. Any person, other than a wholesale dealer, or gunsmith or dealer in
34 firearms duly licensed pursuant to section 400.00, lawfully in
35 possession of a firearm, who disposes of the same without first notify-
36 ing in writing the licensing officer in the city of New York and coun-
37 ties of Nassau and Suffolk and elsewhere in the state the executive
38 department, division of state police, Albany, is guilty of a class A
39 misdemeanor.
40 § 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
44 § 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-
S. 8234 10 A. 11535
1 on, instrument or appliance is found in an automobile which is being
2 operated for hire by a duly licensed driver in the due, lawful and prop-
3 er pursuit of his or her trade, then such presumption shall not apply to
4 the driver; or (c) if the weapon so found is a pistol or revolver and
5 one of the occupants, not present under duress, has in his or her
6 possession a valid license to have and carry concealed the same.
7 § 14-a. The penal law is amended by adding a new section 265.17 to
8 read as follows:
9 § 265.17 Criminal purchase of a weapon.
10 A person is guilty of criminal purchase of a weapon when:
11 1. Knowing that he or she is prohibited by law from possessing a
12 firearm, rifle or shotgun because of a prior conviction or because of
13 some other disability which would render him or her ineligible to
14 lawfully possess a firearm, rifle or shotgun in this state, such person
15 attempts to purchase a firearm, rifle or shotgun from another person; or
16 2. Knowing that it would be unlawful for another person to possess a
17 firearm, rifle or shotgun, he or she purchases a firearm, rifle or shot-
18 gun for, on behalf of, or for the use of such other person.
19 Criminal purchase of a weapon is a class A misdemeanor.
20 § 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.
30 § 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.
45 § 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.
S. 8234 11 A. 11535
1 § 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.
13 § 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.
53 § 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
S. 8234 12 A. 11535
1 revolver, other than an assault weapon or a disguised gun, shall be
2 issued to (a) have and possess in his dwelling by a householder; (b)
3 have and possess in his place of business by a merchant or storekeeper;
4 (c) have and carry concealed while so employed by a messenger employed
5 by a banking institution or express company; (d) have and carry
6 concealed by a justice of the supreme court in the first or second judi-
7 cial departments, or by a judge of the New York city civil court or the
8 New York city criminal court; (e) have and carry concealed while so
9 employed by a regular employee of an institution of the state, or of any
10 county, city, town or village, under control of a commissioner of
11 correction of the city or any warden, superintendent or head keeper of
12 any state prison, penitentiary, workhouse, county jail or other institu-
13 tion for the detention of persons convicted or accused of crime or held
14 as witnesses in criminal cases, provided that application is made there-
15 for by such commissioner, warden, superintendent or head keeper; (f)
16 have and carry concealed, without regard to employment or place of
17 possession, by any person when proper cause exists for the issuance
18 thereof; and (g) have, possess, collect and carry antique pistols which
19 are defined as follows: (i) any single shot, muzzle loading pistol with
20 a matchlock, flintlock, percussion cap, or similar type of ignition
21 system manufactured in or before l898, which is not designed for using
22 rimfire or conventional centerfire fixed ammunition; and (ii) any repli-
23 ca of any pistol described in clause (i) hereof if such replica--
24 (1) is not designed or redesigned for using rimfire or conventional
25 centerfire fixed ammunition, or
26 (2) uses rimfire or conventional centerfire fixed ammunition which is
27 no longer manufactured in the United States and which is not readily
28 available in the ordinary channels of commercial trade.
29 § 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
S. 8234 13 A. 11535
1 license, as the case may be, shall be presumptive evidence that he or
2 she is not duly licensed.
3 § 21. The executive law is amended by adding a new section 230 to read
4 as follows:
5 § 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
S. 8234 14 A. 11535
1 known to have been used in such crime, such agency shall submit a
2 request to the national tracing center of the United States Department
3 of Treasury, bureau of alcohol, tobacco and firearms to trace the move-
4 ment of such gun and such federal agency shall be requested to provide
5 the superintendent of the division of state police and the local law
6 enforcement agency with the results of such a trace. This subdivision
7 shall not apply where the source of a gun is already known to a local
8 law enforcement agency.
9 § 22. The state finance law is amended by adding a new section 97-www
10 to read as follows:
11 § 97-www. Gun trafficking interdiction fund. 1. There is hereby estab-
12 lished in the custody of the state comptroller a special fund to be
13 known as the "gun trafficking interdiction fund".
14 2. Such fund shall consist of all moneys appropriated for the purpose
15 of such fund, all other moneys credited or transferred to such fund
16 pursuant to law, all moneys required by the provisions of this section
17 or any other law to be paid into or credited to such fund, and all
18 moneys received by the fund or donated to it.
19 3. Moneys of such fund shall be available for appropriation and allo-
20 cation to the division of criminal justice services for the purpose of
21 funding the gun trafficking interdiction program as set forth in section
22 two hundred thirty of the executive law.
23 4. Moneys shall be paid out on the audit and warrant of the comp-
24 troller on vouchers certified or approved by the commissioner of the
25 division of criminal justice services.
26 § 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.
43 § 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.
48 § 25. The legislature believes that many needless deaths caused by
49 firearms may be prevented by the use of personalized firearms, more
50 commonly known as "smart guns", which may only be fired by the author-
51 ized user. As an important first step in the possible use of this new
52 type of personalized or "smart gun", the legislature is hereby directing
53 the division of state police to conduct a comprehensive study of the
54 feasibility of requiring the use of personalized firearms in this state.
55 2. The superintendent of the division of state police shall, in
56 consultation with the United States Secretary of the Treasury, bureau of
S. 8234 15 A. 11535
1 alcohol, tobacco and firearms, the National Law Enforcement and
2 Correction Technology Lab located in Rome, New York, and such other
3 private and public entities as the superintendent deems appropriate,
4 conduct a comprehensive study of the availability and effectiveness of
5 existing technology for the use of personalized firearms, commonly known
6 as "smart guns" which may only be fired by the authorized user. Such
7 study, shall include, but not be limited to, an examination of the
8 availability and effectiveness of personalized firearms that incorporate
9 within their design, and as part of their original manufacture, technol-
10 ogy which limits their operational use and an examination of the avail-
11 ability and effectiveness of technology to transform non-personalized
12 firearms into personalized firearms. Such technology may involve a vari-
13 ety of systems, such as mechanical or electronic systems, which restrict
14 the operation of the firearm through radio frequency tagging, touch
15 memory, remote control, fingerprint, magnetic encoding or other auto-
16 mated user identification systems. In addition, the superintendent shall
17 examine and evaluate reports and studies conducted on the use of person-
18 alized firearms.
19 The superintendent of the division of state police shall, in collab-
20 oration with the United States Secretary of the Treasury, bureau of
21 alcohol, tobacco and firearms, the National Law Enforcement and
22 Correction Technology Lab located in Rome, New York, and such other
23 public or private entities as the superintendent deems appropriate,
24 formulate the necessary testing procedures for personalized firearms and
25 test such firearms and prototypes of firearms or observe the testing of
26 firearms and prototypes of firearms, to evaluate the effectiveness and
27 safety of such firearms, including, but not limited to, whether such
28 personalized firearms effectively preclude or prevent the personalized
29 characteristics of such firearms from being deactivated.
30 A report, with recommendations, shall be submitted to the governor and
31 the legislature not later than October 1, 2001. As part of such report,
32 the superintendent of the division of state police shall make recommen-
33 dations as to the feasibility or desirability of requiring the use of
34 personalized firearm technology for all firearms manufactured,
35 possessed, sold, offered for sale, received, transferred, shipped,
36 transported or distributed within this state, including whether, or to
37 what extent the use of personalized firearm technology may not be appro-
38 priate for certain categories of firearms. For purposes of this section,
39 the terms: (a) "authorized user" means the person who lawfully owns the
40 firearm or a person to whom the owner has given express consent to
41 lawfully use the firearm; and (b) "firearm" means a pistol or revolver.
42 § 26. Nothing in this act shall be construed to prohibit a munici-
43 pality or other unit of local government from adopting or maintaining a
44 stricter standard regulating the subject matters contained in sections
45 three, ten or the amendments made to paragraph (a) of subdivision 1 of
46 section 400.00 of the penal law by section eighteen of this act by local
47 law or ordinance.
48 § 27. Severability. If any clause, sentence, paragraph, section or
49 part of this act shall be adjudged by any court of competent jurisdic-
50 tion to be invalid, the judgment shall not affect, impair or invalidate
51 the remainder thereof, but shall be confined in its operation to the
52 clause, sentence, paragraph, section or part of this act directly
53 involved in the controversy in which the judgment shall have been
54 rendered.
55 § 28. This act shall take effect immediately; provided, however, that:
S. 8234 16 A. 11535
1 1. Sections one through three, six through nineteen and twenty-three
2 and twenty-four of this act shall take effect on the first day of Novem-
3 ber next succeeding the date on which it shall have become a law;
4 provided, further, however, that effective immediately the division of
5 state police is authorized and directed to promulgate such rules and
6 regulations as may be necessary to effectuate the provisions of sections
7 three and four of this act; provided, further, that the amendments to
8 subdivision 3 of section 265.00 of the penal law made by section eight
9 of this act shall apply to offenses committed in violation of article
10 265 or 400 of the penal law on or after the first day of November next
11 succeeding the date on which this act shall have become a law; and
12 2. The gun trafficking interdiction program and gun tracer program
13 contained in section twenty-one of this act shall take effect November
14 1, 2000, provided further, however, that the superintendent of the divi-
15 sion of state police is authorized and directed to immediately adopt,
16 amend and promulgate such rules and regulations as may be necessary and
17 desirable to effectuate the purposes of sections twenty-one and twenty-
18 two of this act.
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SPONSORS MEMO:
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
Memo Text Not Found
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SPONSOR: PADAVAN
There will be a supreme court decision on these unconstitutional laws within the next ten years and the case is going to come from Kalifornia or the PRNYS. So what states out there will welcome me, my degree and my AR-15? 