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A00878 Summary:

BILL NOA00878
 
SAME ASSAME AS S01050
 
SPONSORGunther
 
COSPNSRTitone, Brindisi, Stirpe, Lupardo, Santabarbara, McKevitt, Crouch, Oaks, Stec
 
MLTSPNSRBarclay, Butler, Cook, Hawley, Lopez, Lupinacci, McLaughlin
 
Amd 400.03, Pen L
 
Authorizes shooting preserves and shooting clubs to sell ammunition for exclusive use on the premises thereof without being deemed a "seller of ammunition".
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A00878 Actions:

BILL NOA00878
 
01/09/2017referred to codes
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A00878 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A878
 
SPONSOR: Gunther (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to the sale of ammunition by shooting preserves and shooting clubs   PURPOSE OR GENERAL IDEA OF BILL: To permit shooting preserves and shooting clubs to sell ammunition for exclusive use on the premises without being subject to the requirements of sellers of ammunition.   SUMMARY OF PROVISIONS: Section 1: Amends Section 400.03 of the penal law by adding a new subdi- vision 9 to allow shooting preserves and shooting clubs the ability to sell ammunition for use on premises without being subject to the requirements of sellers of ammunition. Section 2: Effective Date   JUSTIFICATION: New York State is home to numerous licensed shooting preserves that range in size from a few hundred acres to several thousand acres. All licensed shooting preserves are registered with the Department of Envi- ronmental Conservation pursuant to Section 111903 of the Environmental Conservation Law. The primary activities that take place at these shoot- ing preserves and shooting clubs include lawful upland bird and water- fowl hunting as well as various types of clay target shooting activ- ities. Furthermore, some licensed shooting preserves allow their members and guests to hunt big game on the shooting preserve premises during permitted New York State hunting seasons. Currently, there are many shooting preserves and clubs that sell ammuni- tion to their members, guests and clients. The ammunition is used exclu- sively on the property during lawful hunting activities, clay target shooting or other lawful shooting activities. All of the shooting events are supervised and/or conducted by employees of each shooting preserve and club. Many shooting preserves and clubs buy thousands of rounds of ammunition each year to sell to their members, guests and clients. Members may elect to purchase ammunition at shooting preserves and clubs rather than sporting goods stores due to the convenience. The ammunition that is sold by each shooting preserve and club helps generate revenue, and allows shooting preserves and clubs to pay their employees and the upkeep costs at each property. This bill would allow licensed shooting preserves and clubs to sell ammunition to their members and guests for the exclusive use on their property without having to conduct a back- ground check on the individual buying the ammunition.   LEGISLATIVE HISTORY: 2015-16: A1809/S4000 Referred to Codes 2013-14: A6534A/S4498A Referred to Codes   FISCAL IMPLICATIONS: None to state or localities.   EFFECTIVE DATE: This act shall take effect immediately.
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A00878 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           878
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  GUNTHER,  TITONE, BRINDISI, STIRPE, LUPARDO,
          SANTABARBARA, McKEVITT, CROUCH, OAKS, STEC -- Multi-Sponsored by -- M.
          of A. BARCLAY, BUTLER, COOK, HAWLEY, LOPEZ, LUPINACCI,  McLAUGHLIN  --
          read once and referred to the Committee on Codes
 
        AN  ACT to amend the penal law, in relation to the sale of ammunition by
          shooting preserves and shooting clubs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 400.03 of the penal law is amended by adding a new
     2  subdivision 9 to read as follows:
     3    9. (a) Notwithstanding any other provision of law to the  contrary,  a
     4  shooting  preserve  that is properly licensed in accordance with section
     5  11-1903 of the environmental conservation  law  is  authorized  to  sell
     6  ammunition  for  exclusive  use on the premises of the licensed shooting
     7  preserve for lawful hunting, clay target sport  shooting  activities  or
     8  other lawful activities.
     9    (b) Notwithstanding any other provision of law to the contrary, a duly
    10  organized  target  shooting  club  is  authorized to sell ammunition for
    11  exclusive use on the premises of the target  shooting  club  for  lawful
    12  target  shooting,  clay target sport shooting activities or other lawful
    13  activities.
    14    (c) A shooting preserve or a shooting club authorized to sell  ammuni-
    15  tion under paragraph (a) or (b) of this subdivision shall not be subject
    16  to  the  requirements  of sellers of ammunition as set forth in subdivi-
    17  sions one through eight of this section.
    18    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03133-01-7
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