What's happening
This bill makes it a misdemeanor to buy or sell more than one firearm within thirty days, with certain exceptions.
Why it matters
Limits "bulk buying" and "bulk selling" of firearms. By making it a misdemeanor to purchase or sell more than one firearm within 30 days (with exceptions), the bill aims to curb rapid accumulation or distribution of guns that can contribute to illegal trafficking or straw purchases.
Includes specific exemptions to avoid disrupting essential functions. The bill carves out exceptions for law enforcement, military personnel, licensed dealers conducting business-to-business transfers, gunsmiths, transporters, heirs, and individuals replacing lost or stolen firearms—addressing concerns about legitimate needs and professional operations being hindered.
Increases oversight and tracking of gun sales. Dealers are required to seek approval from the Division of Criminal Justice Services before completing any firearm sale, and must report each sale within 24 hours, enhancing the state’s ability to monitor and enforce firearm transaction laws.
Aims to disrupt illegal gun pipelines. By restricting frequent purchases and mandating real-time transaction reporting, the bill seeks to make it harder for individuals to buy multiple guns for illegal resale or trafficking, potentially reducing the flow of firearms into the black market and gun violence in communities.
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Who cares
Firearm buyers
Purchasing or taking possession of more than one firearm from dealers within any 30-day period would be a class A misdemeanor unless an exemption applies.
Firearms dealers
Dealers would need Division of Criminal Justice Services approval before each firearm sale, report approved sales within 24 hours and face a class A misdemeanor for prohibited sales or transfers.
Division of Criminal Justice Services
The division would receive dealers’ requests for sale approval and reports of approved firearm sales.
Owners replacing lost or stolen firearms
An exemption would allow immediate replacement when owners consider it essential and provide a qualifying police report showing the loss or theft occurred within the preceding 30 days.
Headline styles
Limit Firearm Purchases Monthly
Plain English, a few words. Used as the page title.
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
1834
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sens. GIANARIS, ADDABBO, BRESLIN, KRUEGER, MONTGOMERY, RIVERA, SERRANO, STAVISKY -- 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 unlawful procurement 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 265.50 to read as follows: § 265.50 Unlawful procurement of a firearm.
A person is guilty of unlawful procurement of a firearm when:
1. He or she purchases or takes possession of more than one firearm from any dealer in firearms during any thirty day period; or
2. Being a dealer in firearms, he or she sells or transfers a firearm to any person who has purchased or taken possession of a firearm during the previous thirty days.
Unlawful procurement of a firearm is a class A misdemeanor.
§ 2. Section 265.20 of the penal law is amended by adding a new subdivision f to read as follows:
f. Section 265.50 of this article shall not apply to:
1. Any law enforcement or corrections agency, or police or corrections officer acting within the course and scope of his or her employment or official duties;
2. A United States Marshal, member of the armed forces of the United States or the National Guard, or a federal official, who is required to possess a firearm in the operation of his or her official duties;
3. Licensed firearms manufacturers, importers or dealers, while engaged in the course and scope of their activities as licensees, provided that the transfers are between licensees and all such licensees are properly licensed under federal, state and local law;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04045-01-9
S. 1834 2
4. A gunsmith acquiring firearms solely for the purposes of service or repair, or the lawful owner of the firearms retrieving the firearms back from such a gunsmith;
5. A common carrier, warehouseman or other person engaged in the business of transporting or storing goods, to the extent that the possession or receipt of any firearm is in the ordinary course of business, and not for the personal use of any such person;
6. A person acquiring firearms by operation of law upon the death of the former owner of the firearms; or
7. A person whose firearm was stolen or irretrievably lost and who considers it essential that the firearm be replaced immediately, if:
(a) the person provides the seller or transferor with a copy of an official police report describing the loss or theft of the firearm. The official police report must contain the name and address of the firearm owner, a description of the firearm, the location of the loss or theft, the date of the loss or theft, and the date the loss or theft was reported to the law enforcement agency; and
(b) the loss or theft occurred within thirty days of the person's attempt to replace the firearm, as reflected by the date of loss or theft on the official police report.
§ 3. The penal law is amended by adding a new section 400.15 to read as follows: § 400.15 Duties of dealers in firearms.
1. Each dealer in firearms shall prior to the sale of any firearm to a person request approval of such sale to such person from the division of criminal justice services.
2. Upon receipt of the approval of the division of criminal justice services of a sale of a firearm, the dealer in firearms shall record and report such sale to the division of criminal justice services within twenty-four hours.
§ 4. This act shall take effect on the first of January 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the unlawful procurement of a firearm
Purpose
The purpose of this act is to prohibit the purchase of more than 1 firearm during any period of 30-days, thus: (a) helping prevent gun traffickers from buying guns in bulk and reselling them to prohibited purchasers; (b) reducing the number of guns entering the illegal market; and (c) stemming the illegal flow of firearms between states.
Summary of provisions
Section one amends the Penal law by adding a new section 265.50. The proposed legislation establishes the crime of unlawful procurement of a firearm when:
(i) He/She purchases or Lakes possession of more than one firearm from any dealer in firearms during any 30-day period; or
(ii) Being a dealer in firearms, he/she sells or transfers a firearm to any person who has purchased or taken possession of a firearm during the previous 30-days. Unlawful procurement of a firearm is a class A misde- meanor.
Section two amends the Penal law by adding a new subdivision f to Penal law
Section 265.20. This section provides exemptions to the crime of unlaw- ful procurement of a firearm.
Section three amends the Penal law by adding a new section 400.15. The proposed legislation requires each dealer in firearms prior to the sale of any firearm to request approval of such sale from the Division of Criminal Justice Services (DCJS). Upon receipt of the approval, the dealer in firearms shall record and report such sale to DCJS within 24 hours.
Justification
Federal law does not limit the number of guns a person may buy during any given time period.
Studies show that firearms sold in multiple sales to the same individual purchaser are frequently used in crime. Federal law defines a "multiple sale" as selling two or more guns to the same purchaser within five business days.
According to the Law Center to Prevent Gun Violence, "(1)aws limiting an individual's ability to purchase multiple' firearms within a short span of time reduce gun trafficking."
(www.smartgunlaws.org/multiplepurchases-salesof-firearms- policy-sum- mary) ATF crime gun trace data revealed that 22% of all handguns recovered in 1999 had been transferred to a purchaser involved in a multiple sale. Crime gun trace data from 2000 showed that 20% of all retail handguns recovered in crime were purchased as part of a multiple sale.
The American public strongly supports laws limiting the number of guns that may be purchased at one time.. According to the Law Center to Prevent Gun Violence, 69% of respondents in an April 2012 poll support laws limiting multiple gun purchases, while a separate 2008 poll found that 65% of Americans specifically favor limiting the number of handguns an individual is allowed to purchase to one gun per month.
Legislative history
2018: Died in Codes
2017: Died in Codes
2016: Died in Codes
2015: Died in Codes
2014: S.572a (Gianaris) -Died in Senate Codes Committee
2014: A.03186A (Kavanagh) - Codes;
2013: A.03186 (Kavanagh) - Codes; Same as S572 (Gianaris) - Codes
2012: 5.7834 (Gianaris) - Rules
Fiscal implications
None.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.