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S837Senate2019-2020 SessionSame asA5396

Allow Gun Transfer to Family

Official title

“Authorizes the transfer of certain weapons from an estate to an immediate member of the decedent's family”

Sponsor Patrick M. GallivanSD-59Affects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows legally registered weapons to be transferred from a deceased person's estate to their immediate family members.

Why it matters

  1. Enables families to inherit firearms. that were legally owned and registered by a deceased relative, rather than requiring their surrender or disposal—potentially preserving items of sentimental or financial value.

  2. Narrows the scope of existing gun transfer restrictions. by specifically exempting immediate family members from broader prohibitions on in-state transfers of certain weapons, as long as they comply with existing registration requirements.

  3. Defines "immediate family member" by reference to existing law,. ensuring clarity about who qualifies (such as spouse, children, siblings, etc.), which could prevent disputes or confusion during the estate process.

  4. May impact estate planning and probate procedures,. making it easier for families to settle estates without running afoul of state gun laws, and could influence how individuals plan for the transfer of their firearms after death.

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Who cares

Headline styles

Allow Gun Transfer to Family

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

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

No co-sponsors yet.

History

  1. Referred to codes
  2. 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.

A5396Assembly

Allow Inherited Gun Transfers

In Assembly Committee · Codes · Sponsor David DiPietro

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

837

2019-2020 Regular Sessions

IN SENATE

January 9, 2019

Introduced by Sen. GALLIVAN -- 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, the meaning of immediate family member is as defined by subdivision one of section eight hundred ninety-eight of the general business law;

§ 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 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

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

[ ] is old law to be omitted.

LBD02850-01-9

S. 837 2

individual inside New York state or without complying with the provisions of this paragraph shall be guilty of a class A misdemeanor unless such large capacity ammunition feeding device, the possession of which is made illegal by [the chapter of the laws of two thousand thirteen which added] this paragraph, is transferred within one year of the effective date of [the chapter 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, the meaning of immediate family member is as defined by subdivision one of section eight hundred ninety-eight of the general business law.

§ 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

THE PURPOSE OF THIS BILL IS TO ALLOW A PERSON TO PASS HIS OR HER GUNS AND HIGH CAPACITY AMMUNITION FEEDING DEVICES TO AN IMMEDIATE FAMILY MEMBER THROUGH INTESTACY.

Summary of provisions

SECTIONS 1 AND 2 ALLOW A PERSON TO PASS HIS OR HER GUNS AND HIGH CAPACI- TY AMMUNITION FEEDING DEVICES TO AN IMMEDIATE FAMILY MEMBER THROUGH INTESTACY.

SECTION 3 ESTABLISHES THE EFFECTIVE DATE.

Existing law

THE SAFE ACT DID NOT CREATE A MECHANISM FOR AN INDIVIDUAL TO TRANSFER WEAPONS THROUGH HIS OR HER ESTATE. THIS BILL ALLOWS A LEGALLY POSSESSED AND VALIDLY REGISTERED WEAPON TO STAY IN THE FAMILY, INSTEAD OF REQUIR- ING IT TO BE SOLD OUT OF THE STATE.

Justification

THIS BILL IS ONE IN A SERIES OF PROPOSED REFORMS TO THE SAFE ACT. AS WE CONTINUE TO WORK TOWARDS FULL REPEAL OF THE SAFE ACT, THE PROVISIONS MOST DEVASTATING TO LAW ABIDING CITIZENS NEED TO BE ADDRESSED IMMEDIATE- LY. THIS SERIES OF PROPOSALS IS A STEP IN THE RIGHT DIRECTION TOWARDS PROTECTING OUR SECOND AMENDMENT RIGHTS WHILE ENSURING PUBLIC SAFETY.

Legislative history

2017-18: S.3563/A.10291 REFERRED TO CODES/REFERRED TO CODES 2015-16: S.3373/A.8053 REFERRED TO CODES/REFERRED TO CODES

Fiscal implications

NONE.

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.