Exempts wholesale distributors from complying with the provisions of the pistol and revolver ballistic identification databank

BILL NUMBER:S178

Title of bill

An act to amend the general business law, in relation to exempting wholesale distributors from complying with the provisions of the pistol and revolver ballistic identification databank

Purpose

To define a "wholesale distributor" and exempt them from complying with the provisions of the pistol and revolver ballistic identification system.

Summary of provisions

Section 1. Subdivision 1, of section 396-ff of the general business law, as added by chapter 189 of the laws of 2000, are amended to define a "Wholesale Distributor" as any person, firm or corporation possessing valid federal and state licenses that permits such person, firm or corporation to engage in the business of selling or distributing pistols or revolvers or ammunition and such person, firm or corporation sells or distributes pistols, revolvers or ammunition only to licensed dealers, law enforcement or government agencies.

Section 1. Subdivisions 3, 4 and 5 of Section 396-ff of the general business law, as added by chapter 189 of the laws of 2000, are amended to exempt a "Wholesale Distributor" from complying with the provisions of Section 396-ff of the general business law.

Justification

Out of state distributors are profiting at the expense of law abiding citizens employed in the firearms industry in New York State. Out of state distributors are selling non-compliant guns into New York State because they feel that they have little risk of being prosecuted by the State misdemeanor violations. What this means is that employees of New York distributors are being punished by a law that was not supposed to harm law abiding citizens in New York State. Legal counsel for the New York distributors have advised their clients not to sell non-compliant guns to dealers in New York even though the law allows the dealers to have those guns made compliant. This has caused the firearms industry in New York to be unable to participate in hundreds of thousands of dollars in sales since the law's inception.

Prior legislative history

S.7099 of 2002: Referred to Consumer Protection S.931 of 2003/2004: Referred to Consumer Protection S.18 of 2005/2006: Referred to Consumer Protection S.24 of 2007/2006: Referred to Consumer Protection S.306 of 2009/2010: Referred to Consumer Protection

Fiscal implications

Positive to the State, as there will be an increase in the number of licenses that are issued.

Effective date

This act shall take effect immediately.