What's happening
This bill allows legally registered weapons to be transferred from a deceased person's estate to their spouse or child.
Why it matters
Eases inheritance for families. The bill ensures that legally registered weapons can stay within a family after the owner's death, simplifying the legal process for spouses and children who inherit such firearms.
Clarifies legal transfer rules. By specifically allowing estates to transfer weapons to immediate family members, the bill reduces legal ambiguity and risk of accidental lawbreaking during estate settlements.
Limits eligibility to closest relatives. The definition of "immediate family member" is narrowly drawn to include only a child or spouse, restricting broader distribution and aiming to balance inheritance rights with public safety concerns.
Maintains oversight and reporting. Inherited firearms must still comply with existing registration and reporting requirements, preserving state oversight and helping prevent illegal transfers.
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Who cares
Headline styles
Allow Gun Inheritance to Family
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- 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.
Allow Guns Passed to Family
In Assembly Committee · Codes · Sponsor Kenneth Blankenbush
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2775
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sens. RITCHIE, MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to authorizing the transfer of certain weapons from an estate to an immediate member of the decedent's family
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (g) of subdivision 22 of section 265.00 of the penal law is amended by adding a new subparagraph (vii) to read as follows:
(vii) any weapon legally possessed and validly registered pursuant to subdivision sixteen-a of section 400.00 of this chapter prior to such person's death and bequeathed or passed through intestacy to an immediate family member of the deceased. Such weapons shall be subject to the provisions of paragraph (h) of this subdivision. For purposes of this subparagraph, immediate family member means a child or spouse;
§ 2. Paragraph (h) of subdivision 22 of section 265.00 of the penal law, as added by chapter 1 of the laws of 2013, is amended to read as follows:
(h) (i) Any weapon defined in paragraph (e) or (f) of this subdivision and any large capacity ammunition feeding device that was legally possessed by an individual prior to the enactment of [the] chapter one of the laws of two thousand thirteen [which added this paragraph], may only be sold to, exchanged with or disposed of to a purchaser authorized to possess such weapons or to an individual or entity outside of the state provided that any such transfer to an individual or entity outside of the state must be reported to the entity wherein the weapon is registered within seventy-two hours of such transfer. An individual who transfers any such weapon or large capacity ammunition device to an individual inside New York state or without complying with the provisions of this paragraph shall be guilty of a class A misdemeanor
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08278-01-7
S. 2775 2
unless such large capacity ammunition feeding device, the possession of which is made illegal by [the] chapter one of the laws of two thousand thirteen which added this paragraph, is transferred within one year of the effective date of [the] chapter one of the laws of two thousand thirteen [which added this paragraph].
(ii) Notwithstanding the provisions of subparagraph (i) of this paragraph, any weapon defined in paragraph (e) or (f) of this subdivision that was legally possessed and validly registered by an individual prior to his or her death may be transferred by the estate of such individual to one of his or her immediate family members. For purposes of this subparagraph, immediate family member means a child or spouse.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to authorizing the transfer of certain weapons from an estate to an immediate member of the decedent's family
Purpose
To authorize a person to pass his or her guns to an immediate family member through his or her estate.
Summary of provisions
Section 1 amends § 265.00(22)(g) of the Penal Law authorizing any weapon defined in this section, that were legally possessed and validly registered prior to such person's death, to be bequeathed or passed through intestacy to an immediate family member of the deceased. Immediate family members are defined as a child or spouse.
Section 2 amends § 265.00(22)(h) of the Penal Law authorizing any weapon defined in this section, that were legally possessed and validly registered by an individual prior to his or her death, to be transferred by the estate of such individual to one of his or her immediate family members. For the purposes of this subparagraph, immediate family member is defined as a child or spouse.
Section 3 provides the effective date.
Justification
The New York SAFE Act, due to its rapid approval, unintentionally omitted provisions enabling the transference of family firearms considered heirlooms upon the death of an immediate family member. This amendment keeps these prized possessions within the family.
Prior legislative history
S.7137 Referred to Codes./A.3730 Held for Consideration in Codes.
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.