Provides a prohibition on the exchange of firearms, rifles or shotguns by second-hand dealers

1 Co-sponsor

• Tony Avella

BILL NUMBER:S2825

Title of bill

An act to amend the general business law, in relation to the exchange of firearms, rifles and shotguns by second-hand dealers

Purpose

To stem the illegal flow of firearms by prohibiting the sale or exchange of firearms by secondhand dealers.

Summary of provisions

Section 1 defines certain terms.

Section 2 prohibits second-hand dealers from buying, selling, trading, bartering, or exchanging firearms, rifles, or shotguns.

Section 3 establishes the civil penalties for violation of the law.

Justification

A recent investigation by staff found that handguns that were" being sold at pawn shops were offered for sale without necessary protections found at first-hand gun dealers. Investigators were told that they could buy handguns even if they were unable to pass the screening required before the purchase of such a gun.

This same investigations also found that handguns at pawnshops were not a well protected as those sold at other gun stores. During the freak winter storm that hit Buffalo in October 2006, people were walking away with armloads of guns because security measure which should have been in place were not. That means that guns are being put into the hand of thieves.

In a third incident, a criminal, James Kopp killed Dr. Bernard Slepian using a gum purchased at a pawnshop. This easy theft, which ultimately resulted in a murder, is the type of action this bill seeks to prevent.

Legislative history

04/20/07 A.7628 REVISED 6/12/07 Referred to Economic Development 01/09/08 Referred to Economic Development 01/07/09 Referred to Economic Development 01/06/10 Referred to Economic Development S.4207 03/23/11 - Referred to Consumer Protection S.4207 01/04/12 - Referred to Consumer Protection

Fiscal implications

None.

Effective date

Immediately following enactment.