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S1713Senate2009-2010 SessionSame asA1186

Requires sale or transfer of certain firearms between unlicensed persons shall be conducted through a licensed firearms dealer

Status
In Senate Committee
Consumer Protection
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Consumer Protection

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Sponsors

History

  1. Referred to consumer protection
  2. Referred to consumer protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1186Assembly

Requires sale or transfer of certain firearms between unlicensed persons shall be conducted through a licensed firearms dealer

In Assembly Committee · Economic Development · Sponsor Amy Paulin

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the general business law, in relation to the sale or transfer of a rifle or a shotgun between unlicensed persons and providing penalties

Purpose

To require the sale or transfer of certain weapons between unlicensed persons to be conducted through a federally licensed firearm dealer

Summary of provisions

Section one adds a new section 396-eee to the general business law and requires any sale or transfer of a rifle or shotgun to be conducted through a federally licensed firearms dealer. This section provides for the return of the firearm to the appropriate party, designated within this section, should transfer of the firearm constitute a violation of the penal law. This section does not apply to the sale or transfer of firearms in three specified situations. A violation of this section shall result in a class A misdemeanor pursuant to section 265.17 of the penal law.

Section two defines the date of enactment as the first of November following the date on which this act shall become a law.

Justification

Currently, the unregulated secondary market provides an easy avenue for prohibited persons to obtain weapons from places such as newspaper ads, garage sales and flea markets. This legislation would require that a background check be performed by a licensed firearms dealer before a firearm is resold in New York State, thus potentially reducing violent crime. There is similar legislation in California, Rhode Island and the District of Columbia, as well as in New York City, Chicago, Omaha, Nebraska and Columbus, Ohio. In addition, in its 2007 report, the International Association of Chiefs of Police recommended requiring background checks prior to third party transfers to reduce gun violence.

Legislative history

2008 - Referred to Consumer Protection 2007 - Referred to Consumer Protection

Fiscal implications

None.

Effective date

This act shall take effect on the first of November following enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.