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A2148Assembly2019-2020 Session

Fine Gun Owners for Violations

Official title

“Imposes civil penalties for the improper disposition of a firearm”

Sponsor Victor M. PichardoAD-86+3 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill imposes civil penalties on firearm owners who fail to legally transfer or report lost/stolen firearms, with higher fines if the weapon is later used in a crime.

Why it matters

  1. Creates a financial deterrent. By imposing civil penalties (up to $6,000), the bill increases the consequences for gun owners who fail to properly transfer firearms or report them lost or stolen, aiming to incentivize responsible firearm ownership and accountability.

  2. Escalates penalties based on harm. The amount of the fine increases if the unreported or improperly transferred firearm is later used in crimes, especially felonies, signaling a direct link between owner negligence and public safety risks.

  3. Targets civilian ownership only. Law enforcement officers (state and federal) are explicitly exempt, meaning the bill is directed solely at civilian gun owners, which may influence debates around fairness and the scope of accountability.

  4. Addresses gun trafficking and crime prevention. By penalizing failures to transfer or report, the legislation seeks to close loopholes that can enable illegal gun circulation, potentially impacting rates of gun theft, trafficking, and subsequent criminal use.

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Who cares

Headline styles

Fine Gun Owners for Violations

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Victor M. Pichardo

Assembly Member · Assembly District 86

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2148

2019-2020 Regular Sessions

IN ASSEMBLY

January 22, 2019

Introduced by M. of A. PICHARDO -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to the imposition of civil penalties for the improper disposition of a firearm

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 80.20 to read as follows: § 80.20 Civil fines for the improper disposition of a firearm.

1. Notwithstanding any other provision of this chapter and in addition to any other fine, penalty or term of imprisonment authorized to be imposed pursuant to this chapter, any person who: (a) sells, transfers or disposes of a firearm for which he or she is the owner without legally transferring the title of such firearm to the new owner; or (b) fails to report a firearm for which he or she is the owner as lost or stolen; shall be subject to a civil penalty as follows:

(i) for failure to legally transfer a firearm or report a firearm as lost or stolen, such owner shall be subject to a civil penalty in an amount not to exceed two thousand dollars;

(ii) for failure to legally transfer a firearm or report a firearm as lost or stolen and such firearm is used in the commission of a misdemeanor, such owner shall be subject to a civil penalty in an amount not to exceed four thousand dollars;

(iii) for failure to legally transfer a firearm or report a firearm as lost or stolen and such firearm is used in the commission of a felony, such owner shall be subject to a civil penalty in an amount not to exceed six thousand dollars.

2. The provisions of this section shall not apply to peace officers or federal law enforcement officers as such terms are defined in article two of the criminal procedure law.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06377-01-9

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.