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S2443Senate2015-2016 SessionSame asA7026

Prohibits the purchase of more than 1 firearm during any period of 30 days

Sponsor Michael GianarisSD-12+11 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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History

  1. Referred to codes
  2. Referred to codes

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.

A7026Assembly

Prohibits the purchase of more than 1 firearm during any period of 30 days

In Assembly Committee · Codes · Sponsor Brian Kavanagh

Full text

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

Sponsor's memo

BILL NUMBER:S2443

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 265.50. The proposed legislation establishes the crime of unlawful procurement of a firearm when:

(i) He/She purchases or Lakes 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 f to Penal law

Section 265.20. 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 sets forth the effective date.

Justification

Federal law does not limit the number of guns a person may buy during any given time period.

Studies show that firearms sold in multiple sales to the same individual purchaser are frequently used in crime. Federal law defines a "multiple sale" as selling two or more guns to the same purchaser within five business days.

According to the Law Center to Prevent Gun Violence, "(l)aws limiting an individual's ability to purchase multiple firearms within a short span of time reduce gun trafficking." (www.smartgunlaws.org/multiple-purchases-salesof-firearms- policy-summary)

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. According to the Law Center to Prevent Gun Violence, 69% of respondents in an April 2012 poll support laws limiting multiple gun purchases, while a separate 2008 poll found that 65% of Americans specifically favor limiting the number of handguns an individual is allowed to purchase to one gun per month.

Legislative history

2014: S.572a (Gianaris) -Died in Senate Codes Committee 2014: A.03186A (Kavanagh) - Codes; 2013: A.03186 (Kavanagh) - Codes; Same as S572 (Gianaris) - Codes 2012: S.7834 (Gianaris) - Rules

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

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