What's happening
This bill allows licensed pistol permit holders in the same county to temporarily transfer pistols between each other for up to thirty days under specific application and storage requirements.
Why it matters
Creates a formal process for temporary pistol transfers. between licensed permit holders, requiring a notarized application with detailed information (names, serial numbers, reason for transfer, dates) to ensure transparency and traceability.
Imposes strict storage and usage conditions. on the transferee: the pistols must remain at the transferee’s premises, be stored in a secure depository, remain unloaded, and cannot be discharged, which aims to enhance safety during the transfer period.
Establishes accountability measures. The transferor must file a statement of relinquishment after the transfer period, and if not filed within 45 days, the county sheriff is authorized to seize unreturned pistols, reinforcing compliance and legal responsibility.
Introduces new administrative oversight and modest fees. , requiring action by county clerks and sheriffs, and allowing fees for applications and retrieval of seized pistols, which may impact local government workloads and permit holder costs.
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Who cares
Headline styles
Allow Temporary Pistol Transfers
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
2 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1252
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. ZEBROWSKI, OTIS, CROUCH, GOODELL -- Multi-Sponsored by -- M. of A. ARROYO, MOSLEY -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to allowing for the temporary transfer of a pistol between permit holders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 400.04 to read as follows: § 400.04 Temporary transfer of pistol between permit holders.
1. A permit holder, known in this section as the transferor, may temporarily transfer possession of pistols to another permit holder, known in this section as the transferee, licensed in the same county for a period no longer than thirty days. Prior to a transfer, the permit holder must file an application with the county clerk in the county of issuance. The county clerk may collect up to ten dollars for each application, regardless of the number of pistols transferred.
2. The division of state police shall develop an application to complete such transfer. The application must be notarized by a licensed notary and contain the following information:
(a) Name, license number, address and phone number of both the transferor and transferee;
(b) List of pistols and their serial numbers which are being temporarily transferred from one permit holder to the other permit holder;
(c) Indicate the reason for transfer;
(d) Date of pistol transfer;
(e) Length of temporary transfer and expected day of return from transferee to transferor.
3. The application shall include a transfer agreement statement that must be signed by both the transferor and transferee and include the following conditions:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04380-01-7
A. 1252 2
(a) All transferred pistols shall at all times be:
(i) kept on the premise of the transferee during the transfer period;
(ii) stored in a safe storage depository as defined in section 265.45 of this chapter;
(iii) unloaded and shall not be discharged.
(b) The transferor must collect all transferred pistols by the date of return which may not exceed thirty days from the date of transfer.
4. The transferor must file a statement of relinquishment with the county clerk no more than forty-five days after the date of transfer.
5. The county clerk shall report any delinquent transfers, which have not filed a statement of relinquishment within forty-five days, to the sheriff of such county. The sheriff shall have the authority to seize the unreturned pistols.
6. The sheriff shall retain the pistols pursuant to subdivision six of section 400.05 of this article and may collect a fee of up to ten dollars for each pistol upon return to the owner.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.