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History
- Recommit, enacting clause stricken
- Referred to consumer protection
Full text
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Sponsor's memo
BILL NUMBER:S3857
Title of bill
An act to amend the general business law, in relation to the sale of a rifle or a shotgun between unlicensed persons and providing penalties
Purpose or general idea of bill
To require the sale of certain weapons between unlicensed persons to be conducted through a federally licensed firearm dealer.
Summary of specific provisions
Section one adds a new section 396-eee to the general business law and requires any sale 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 sale of the firearm constitute a violation of the penal law. This section does not apply to the sale of firearms in four specified situations: sales to federally licensed firearms dealers; sales of an antique rifle or shotgun, a collector's item, a device not designed or redesigned for use as a rifle or shotgun or is designed solely for use as a signaling, safety or similar device or an unserviceable rifle or shotgun; sales to purchasers authorized to purchase on behalf of a law enforcement agency; and sales to immediate family members, which include spouse, natural and adoptive parents, children and siblings, stepparents, stepchildren and step-siblings, fathers, mothers, brothers, sisters, sons and daughters-in-law, and grandparents and grandchildren. 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 purchase 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 sales to reduce gun violence.
Legislative history
2008: A.10639 - Referred to Economic Development
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.