What's happening
This bill prohibits state and local governments in New York from selling or transferring firearms except to law enforcement or by destroying them.
Why it matters
Closes a common loophole for public gun auctions. By mandating that state and local government firearms can only go to law enforcement or be destroyed, the bill stops surplus or confiscated guns from re-entering the general public through auctions or sales, which are sometimes used as fundraising tools by police or municipalities.
Aims to reduce the overall number of guns in circulation. Destroying unwanted or seized firearms, rather than selling them, is intended to decrease the supply of guns that could potentially be used in crimes or accidents, reflecting a public safety approach.
Limits potential for government firearms to be trafficked or misused. Restricting transfers to law enforcement agencies only, with required destruction or disabling of other guns, reduces the risk of weapons being diverted into illegal markets or falling into the wrong hands through secondary sales.
Signals a shift in policy on government responsibility. The bill clarifies and strengthens the state and local governments’ role in gun control, prioritizing safety and accountability over financial gain from firearm sales.
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Who cares
Headline styles
Limit Government Gun Disposal
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
353
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. PERALTA -- 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 the disposal of firearms, rifles and shotguns by the state and local governments
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 16 of section 400.00 of the penal law, as added by chapter 233 of the laws of 1980, is amended to read as follows:
16. Unlawful disposal. (a) No person shall except as otherwise authorized pursuant to law dispose of any firearm unless he or she is licensed as gunsmith or dealer in firearms.
(b) No department, board, bureau, commission, agency or other division of the state or local government shall sell or otherwise transfer any firearm, rifle or shotgun to any person or entity other than to a law enforcement agency for use by such law enforcement agency. Any department, board, bureau, commission, agency or other division of the state or local government intending to dispose of any firearm, rifle or shotgun shall, if authorized, either sell or transfer such firearm, rifle or shotgun to a law enforcement agency for use by such law enforcement agency, or dispose of the firearm, rifle or shotgun by destroying the same or causing it to be destroyed or rendering the same or causing it to be rendered ineffective and useless for its intended purposes and harmless to human life.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00078-01-7
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 the disposal of firearms, rifles and shotguns by the state and local governments
Purpose
This bill would prevent the state and local agencies from selling guns to private gun dealers.
Summary of provisions
This bill would amend the penal law § 400.00 subdivision 16 by adding a new paragraph (b) which would prohibit state and local agencies from selling or transferring any firearm, rifle, or shotgun to any person or entity, other than to a law enforcement agency. The bill would require that state and local agencies seeking to dispose of such weapons either sell or transfer such weapons to a law enforcement agency or destroy such weapons.
Justification
In order to finance the purchase of new and more effective weapons, state and local agencies have periodically sold or traded in weapons to lawful gun dealers. Given the growing concern over gun-related violence and accidents, however, this practice should be modified by authorizing such sales only to other law enforcement agencies. This would reduce the number of guns in circulation and ensure that state and local agencies do not add to the supply of available weapons.
Legislative history
2015-2016-S1275 2013-2014 - S.51 2011-12: S.69 2010: S.7633/A.4486 2006: A.9672 3rd Reading Cal. 796 2007-08: A.4708 Ordered to 3rd Reading Rules Cal. 522 2000: A.1379 3rd Reading Cal. 325 1999: A.1379 Passed in Assembly 1998: A.1676-A Passed in Assembly 1997: A.1676-A Reported to Rules 1996: A.1504-A Referred to Codes 1995: A.1504-A Referred to Rules 1993-94: A.9054-A (A.40007 - Extraordinary Session) - Passed in Assembly
Fiscal implications
Minimal.
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.