What's happening
This bill creates the crime of "operating as a major firearms trafficker" for unlawfully selling or possessing with intent to sell twenty or more firearms in a year.
Why it matters
Targets large-scale gun trafficking. By setting the threshold at twenty or more firearms within a year, this bill is aimed at curbing significant, organized illegal gun sales rather than targeting small-scale or incidental offenders.
Severe legal consequences. Making this offense a class A-I felony—the most serious class in New York—means those convicted face lengthy prison sentences, which could serve as a strong deterrent for major traffickers.
Focuses on both sale and possession with intent. The law covers not only those who actually sell or transfer firearms, but also those who are found in unlawful possession of large numbers of firearms with the intent to sell, closing a potential loophole and broadening prosecutorial reach.
Could affect gun violence and crime rates. By going after the sources of large quantities of illegal guns, the legislation aims to disrupt the supply chain that fuels gun violence, potentially leading to safer communities.
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Who cares
Headline styles
Criminalize Major Gun Trafficking
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.
Target Major Gun Traffickers
In Assembly Committee · Codes · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4385
2017-2018 Regular Sessions
IN SENATE
February 13, 2017
Introduced by Sen. KLEIN -- 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 creating the offense of operating as a major firearms trafficker
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 265.46 to read as follows: § 265.46 Operating as a major firearms trafficker.
A person is guilty of operating as a major firearms trafficker when such person:
(1) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of twenty or more firearms in a period of not more than one year; or
(2) unlawfully possesses with intent to sell twenty or more firearms.
Operating as a major firearms trafficker is a class A-I felony.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06309-01-7
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 creating the offense of operating as a major firearms trafficker
Purpose or general idea of bill
To enhance criminal penalties for major firearm traffickers
Summary of specific provisions
Section 1 of the bill establishes the new criminal offense of operating as a major firearms trafficker, as an A-1 felony. A person is guilty of this offense if such person unlawfully sells, exchanges, gives or disposes of to another person at least twenty firearms within a one year period. A person would also be guilty of this offense if such person unlawfully possesses with intent to sell at least twenty firearms.
Section 2 of the bill provides that this Act shall take effect immediately.
Justification
On April 26, 2016, New York County District Attorney Cy Vance and NYPD Commissioner Bill Bratton announced a major trafficking bust of six criminal defendants who tried selling more than 80 firearms in 26 separate transactions. Under existing law, the highest criminal charge facing these defendants is criminal sale of a firearm in the first degree or criminal possession of a weapon in the first degree, both of which are a class B felony. These felonies apply to sale or possession with intent to sell at least 10 firearms.
This bill would elevate existing criminal penalties for firearm traffickers from a class B felony to a class A-1 felony. To be charged with operating as a major firearms trafficker, the defendant must be selling or possessing with intent to sell at least 20 firearms. Elevated penalties would ensure that these dangerous criminals who are trafficking large quantities of firearms are put behind bars for longer periods of time.
Prior legislative history
S.7470A (Klein) of 2016 - referred to Codes
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.