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Sponsor's memo
BILL NUMBER:S7834
Title of bill
An act to amend the penal law, in relation to the unlawful procurement of a firearm
Purpose
The purpose of this act is to prohibit the purchase of more than 1 firearm during any period of 30-days, thus: (a) helping prevent gun traffickers from buying guns in bulk and reselling them to prohibited purchasers; (b) reducing the number of guns entering the illegal market; and (c) stemming the illegal flow of firearms between states.
Summary of provisions
Section one amends the Penal law by adding a new section 265.45. The proposed legislation establishes the crime of unlawful procurement of a firearm when: (i) He/She purchases or takes possession of more than one firearm from any dealer in firearms during any 30-day period; or (ii) Being a dealer in firearms, he/she sells or transfers a firearm to any person who has purchased or taken possession of a firearm during the previous 30-days. Unlawful procurement of a firearm is a class A misdemeanor.
Section two amends the Penal law by adding a new subdivision e to Penal law Section 265.45. This section provides exemptions to the crime of unlawful procurement of a firearm.
Section three amends the Penal law by adding a new section 400.15. The proposed legislation requires each dealer in firearms prior to the sale of any firearm to request approval of such sale from the Division of Criminal Justice Services (DCJS). Upon receipt of the approval, the dealer in firearms shall record and report such sale to DCJS within 24 hours.
Section four establishes that this act shall take effect on the first of January next succeeding the date on which it shall become a law.
Justification
Federal law does not limit the number of guns a person may buy in any given time period.
Studies show that firearms sold in multiple sales to the same individual purchaser are frequently used in crime. ATF crime gun trace data revealed that 22% of all handguns recovered in 1999 had been transferred to a purchaser involved in a multiple sale. Crime gun trace data from 2000 showed that 20% of all retail handguns recovered in crime were purchased as part of a multiple sale.
The American public strongly supports laws limiting the number of guns that may be purchased at one time. A national poll conducted for Mayors Against Illegal Guns in the spring of 2008 found that 65% of
Americans favor limiting the number of handguns an individual is allowed to purchase to 1 gun per month.
Legislative history
None.
Fiscal implications
None.
Effective date
The first of January next succeeding the date on which it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.